News Law and Policy

North Dakota Medication Abortion Restrictions Permanently Blocked

Jessica Mason Pieklo

On Monday, a judge issued a permanent injunction against a 2011 law that would have regulated medication abortion out of existence in the state.

On Monday, District Court Judge Wickham Corwin issued a permanent injunction in the legal challenge to the state’s 2011 law that severely restricts medication abortions. The ruling was expected after Judge Corwin previously announced after a three-day trial in April that he intended to strike the law as unconstitutional. Monday’s order finalizes that earlier announcement.

That’s not the end to the legal challenges over abortion restrictions in North Dakota, however. The Center for Reproductive Rights has filed a supplemental challenge to a law designed to shut down the state’s only abortion clinic, the Red River Women’s Clinic. The law, passed just this year, imposes medically unwarranted requirements that any physician performing abortions in the state must have admitting privileges at a hospital within thirty miles. Judge Corwin will hear arguments on the constitutionality of the law on July 31 in Fargo.

News Law and Policy

Court Blocks Two Extreme Alabama Anti-Abortion Provisions

Jessica Mason Pieklo

The temporary order prevents officials in Alabama from enforcing a ban on later abortions and implementing a law that would regulate abortion clinics in a similar fashion as sex offenders.

A federal judge on Wednesday temporarily blocked two Alabama abortion restrictions set to take effect August 1 that would ban abortion clinics near schools and criminalize the most commonly used later abortion procedure.

In May, Alabama Gov. Robert Bentley (R) signed into law a ban on abortion clinics within 2,000 feet of public K-8 schools. He also approved a separate measure banning the most common method of performing a later abortion, known as dilation and evacuation, or D&E, abortions.

The American Civil Liberties Union (ACLU) challenged both provisions on behalf of providers in the state, arguing they were unconstitutional. According to attorneys for the ACLU, the location restriction would close the state’s two busiest abortion clinics, while the method ban would hamper access to later abortions.

The first blocked measure would prohibit the Alabama Department of Public Health from issuing or renewing a health center license to an abortion clinic or reproductive health center close to some public schools. As reported by Rewire, this would effectively regulate abortion clinics in the same manner as registered sex offenders. In Alabama, sex offenders cannot reside within 2,000 feet of a school or child-care facility.

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The second blocked measure would outlaw most surgical abortions. Dilation and evacuation, the most common form of surgical abortion, is used in the majority of abortions after 13 weeks of pregnancy, according to the American College of Obstetricians and Gynecologists. It is extremely safe, with less than one in 1,000 patients experiencing complications.

Dr. Willie Parker, a physician who provides later abortions in Alabama, wrote in a statement to the court that, if allowed to take effect, the law would prevent him from performing abortions after 15 weeks of pregnancy.

According to Dr. Parker’s submission to the court, the only alternative to D&E is to induce labor in a hospital, a much riskier and expensive alternative for the patient.

U.S. District Judge Myron Thompson Wednesday issued a temporary restraining order to block the state from enforcing the provisions until after an October 4 hearing. In the meantime, both sides were ordered to submit written arguments to the court in advance of that October hearing.

Alabama is not the only state to attack later abortion access. Kansas and Oklahoma both passed similar bans, but those laws remain blocked by court order.

News Abortion

Leading Anti-Choice ‘Expert’ Suggests Women Turn to Crisis Pregnancy Centers to Cope With Abortion Restrictions

Ally Boguhn

Though crisis pregnancy centers often lie to women to persuade them not get an abortion, Priscilla Coleman suggested that people dealing with the additional financial and geographical barriers imposed by waiting periods turn to those organizations for help.

A leading anti-choice “expert” suggested during an interview with Rewire at the National Right to Life Convention last week that women should turn to crisis pregnancy centers to cope with the barriers to abortion care, including obstacles she helped create.

Priscilla Coleman, one of the “False Witnesses” previously featured on Rewire for her egregious falsehoods about the supposed link between abortion and mental health, said that the “scientific information” she provides in her speaking engagements and through her nonprofit, the World Expert Consortium for Abortion Research and Education (WECARE), has helped get anti-choice bills passed in states, particularly South Dakota.

Though her work has been widely discredited by the scientific and medical community, Coleman has nonetheless frequently appeared as an “expert witness” in trials and hearings. As Coleman told Rewire, she is “not a medical doctor” but has nonetheless “been really involved for ten years now with South Dakota” and its anti-choice legislation. This included the South Dakota Informed Consent Law (HB 1166), and what she deemed to be an “anti-coercion bill,” seemingly referring to HB 1217, which requires that a woman seeking an abortion wait 72 hours and visit a crisis pregnancy center prior to the abortion.

Coleman acknowledged that the anti-choice laws in the state such as the waiting period had created barriers to care, as “women have to … get a hotel, you know, or find a way back” to clinics.

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“And that’s the complaint on the other side, that it’s making access more difficult,” Coleman went on, “but as all the data out there is showing the long-term effects of abortion, spending three more days to make the decision is in the women’s best interest, no matter what side you’re on.”

When pressed to respond to those who note that anti-choice restrictions make accessing abortion more difficult, Coleman replied that she “would just say that it’s worth a three-day hotel room and … if you’re going to pay for an abortion, allow an extra couple hundred dollars … to take some time because it has lifetime implications.”

Coleman, however, struggled to account for how one might come up with that money.

“Well, they’re somehow coming up with the money for the abortion,” said Coleman. “I’m not familiar enough with fees and things, but my understanding is that most women, no matter how poor they are, still have to pay for the procedure. Is that correct?”

Though crisis pregnancy centers often lie to women to persuade them not get an abortion, Coleman suggested that those dealing with the additional financial and geographical barriers imposed by waiting periods turn to those organizations for help.

“I’m sure that if they contacted crisis pregnancy centers … women could find a place to stay for a couple of days,” said Coleman. “I’m sure that many people affiliated with those centers would be happy to house the women in their own home if there is a room for them.”

The other anti-choice law Coleman connected herself with, HB 1166, uses the same falsehoods she claims her research supports. South Dakota’s so-called informed consent law requires doctors to receive consent prior to performing an abortion, and mandates that physicians provide those seeking care with written information that, among other things, falsely claims there is a connection between abortion and both “depression and related psychological distress” and “increased risk of suicide ideation and suicide.”

Coleman “served as an expert in South Dakota” after Planned Parenthood affiliates challenged the legislation, according to WECARE’s website.

As the Guttmacher Institute explains, all states already require patients consent prior to receiving medical care, and materials provided by the states that require mandated abortion counseling often offer “information that is irrelevant or misleading.”