Dobbs Opened Up an Attack on Doctors

“The whole sorry affair should remind us of one key reason why Roe was decided in the first place: to protect doctors.

It is a sad fact that some doctors will avoid providing essential medical care if the treatment in question is politically controversial. These doctors understandably fear that an overzealous prosecutor might use a vague law against them, just as Indiana’s attorney general threatened to do here.

Doctors who deal in certain types of pharmaceuticals run the same risks. In fact, just three days after Dobbs, the Supreme Court actually enhanced the legal protections for doctors who prescribe opioids. In an ironic twist, the Court did so while effectively reviving a pre-Roe case that protected the medical privacy rights of abortion providers.”

“The Dobbs decision obliterated those medical privacy protections by a narrow 5–4 vote. Yet by a 6–3 vote just three days later, the Supreme Court embraced the logic of Roe’s most important predecessor (Vuitch) when it strengthened the medical privacy rights of doctors who prescribe opioids (Ruan).

This contradictory and confusing state of affairs is bad both for medicine and for the law, and it ought to be fixed as soon as possible. Whenever a poorly drafted statute is open to abuse by an overreaching prosecutor, the Supreme Court has the option of using the void-for-vagueness doctrine to strike down the offending law. The Court could also require that all abortion regulations conform to the doctor-friendly rules spelled out in Ruan and Vuitch. Particularly egregious laws, meanwhile, can be invalided by the courts for lacking a rational basis.

The Constitution provides firm procedural safeguards whenever the government interferes with life, liberty, property, or privacy. The Supreme Court needs to ensure that doctors still enjoy those safeguards’ benefits.”

Can pharmacists refuse to fill prescriptions for drugs that can be used in abortions?

“Methotrexate is a fairly common drug that treats a wide range of medical conditions. I take it to help control an autoimmune disorder. So do about 60 percent of rheumatoid arthritis patients. It is used to treat some cancers, such as non-Hodgkin lymphoma. It also has at least one other important medical use.

The drug is the most common pharmaceutical treatment for ectopic pregnancies, a life-threatening medical condition where a fertilized egg implants somewhere other than the uterus — typically a fallopian tube. If allowed to develop, this egg can eventually cause a rupture and massive internal bleeding. Methotrexate prevents embryonic cell growth, eventually terminating an ectopic pregnancy.

And so many patients who take methotrexate say they have become the latest victims of the Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization — the decision overruling Roe v. Wade.

It’s unclear how widespread this phenomenon is, though the problem is serious enough that the Arthritis Foundation put out a statement warning that “arthritis patients who rely on methotrexate are reporting difficulty accessing it,” and that “at least one state — Texas — allows pharmacists to refuse to fill prescriptions for misoprostol and methotrexate, which together can be used for medical abortions.”

In some cases, pharmacists are reportedly reluctant to fill methotrexate prescriptions in states where abortion is illegal, and doctors are similarly reluctant to prescribe it. In other cases, pharmacists may refuse to fill valid methotrexate prescriptions because they personally object to abortion, even in states where the procedure remains legal.”

Enforcing Abortion Bans Is Much Harder Than Winning in Court

“I don’t know exactly what an inquisition into my wife’s miscarriages would have looked like. But I do know that it would have done nothing to ease her anguish. Abortion opponents won their victory in the Supreme Court, and now it’s on them to avoid making difficult situations much worse.”

Fetuses in HOV Lanes, Abortions at Sea, and More Post-Dobbs Weirdness

“A pregnant Plano, Texas, woman argues that she has a right to drive in a highway lane reserved for vehicles with two or more passengers. At 34 weeks pregnant, Brandy Bottone was pulled over by police while driving in a high-occupancy vehicle (HOV) lane on Interstate 75 South. When asked if there was anyone else in the car, Bottone pointed to her stomach and said “my baby girl,” she told The Dallas Morning News:
“One officer kind of brushed me off when I mentioned this is a living child, according to everything that’s going on with the overturning of Roe v. Wade. ‘So I don’t know why you’re not seeing that,’ I said.

“He was like, ‘I don’t want to deal with this.’ He said, ‘Ma’am, it means two persons outside of the body.’

“He waved me on to the next cop who gave me a citation and said, ‘If you fight it, it will most likely get dropped.’

“But they still gave me a ticket. So my $215 ticket was written to cause inconvenience?

“This has my blood boiling. How could this be fair? According to the new law, this is a life.

Bottone said she will be fighting the citation in court.

Her situation hints at how all sorts of existing rules could change—or at least be challenged—when the legal definition of personhood changes.”

The end of Roe will mean more children living in poverty

“Almost half the United States is ready to outlaw abortion now that the Supreme Court has overruled Roe v. Wade. But many of those states are not willing to give new babies and their families the educational, medical, or financial support they need to lead a healthy life. That could leave tens of thousands of future children unnecessarily disadvantaged and living in poverty.”

“Those births will predominately be in the states with the most draconian post-Roe abortion restrictions. And with a few exceptions, those 22 states rank in the bottom half of states in the comprehensive support they provide to children and their families, according to the State-by-State Spending on Kids Dataset compiled by Brown University’s Margot Jackson and her colleagues. The disparities can be enormous: Vermont spends three times as much money on education, health care, and other economic support for children as Utah.”

“The children born in these circumstances will start life a few steps behind, all because their political leaders strove to ban abortion without offering support to the children who would be born if their aims were achieved.”

5 ways abortion bans could hurt women in the workforce

“Perhaps most insidiously, lack of abortion access seriously restricts women’s hopes for their own careers. Building on her team’s research in the Turnaway Study, Foster found that women who were unable to get a desired abortion were significantly less likely to have one-year goals related to employment than those who did, likely because those goals would be much harder to achieve while taking care of a newborn. They were also less likely to have one-year or five-year aspirational goals in general.”

Black women will suffer the most without Roe

“Black women are more likely to live in areas where it’s harder to access contraception. They get abortions at the highest rates compared to women of other races, due to high rates of unintended pregnancy.

The factors that lead some Black women to seek abortions are present from the day they are born, passed down from mothers who faced similar plights. Those born into poverty are less likely to have access to health care, let alone reproductive or maternal health care; when some Black women are able to seek care, they face medical racism. For centuries, Black women have fought for autonomy over their bodies, against government-sanctioned abuse and abuse from intimate partners. The end of a constitutional right to legal abortion makes the fight harder.

State-level abortion restrictions have already taken effect in at least eight states, and in total, 22 states have laws that impose very strict restrictions on abortions. Those states are home to 39 percent of the total US population, but 45 percent of Black women and girls under age 55.

The consequences will be dire. The end of legal abortion will trap Black women in cycles of poverty. The consequences will also be deadly. Black women have the highest rates of maternal mortality and pregnancy complications, and those risks will only increase if more Black women have to carry unwanted pregnancies to term. Here are the numbers that show how alarming the situation is.”

Not all religions oppose abortion

“Abortion is permitted in Judaism, and when the life of the pregnant person is at stake, it is required. Judaism’s approach to abortion finds its basis in the book of Exodus. There’s a case where two people are fighting, and one person knocks over a pregnant person and causes a miscarriage. It says very clearly, if it’s only a miscarriage, then the person who caused the harm is obligated to pay monetary fines as damages, and if a pregnant person dies, then it is treated as manslaughter. So we see right away that in the book of Exodus it’s very clear that the fetus and pregnant person have different statuses, and causing a miscarriage is not treated as manslaughter. The fetus does not have the same status as a born human. It’s treated as potential life, rather than actual life.”