In light of this week’s events, Fei and Nick sit down to talk through abortion rights in the US and evaluate the place of abortion as healthcare in the US.
The Current State of Abortion in the USA
Earlier this week: leaked Supreme Court document to overturn Roe v. Wade
If you have not: https://www.politico.com/news/2022/05/02/supreme-court-abortion-draft-opinion-00029473
Just so we are clear, this does not mean that Roe V. Wade is overturned
Per Politico: “Deliberations on controversial cases have in the past been fluid. Justices can and sometimes do change their votes as draft opinions circulate and major decisions can be subject to multiple drafts and vote-trading, sometimes until just days before a decision is unveiled. The court’s holding will not be final until it is published, likely in the next two months.”
Roe V Wade has not yet been overturned, so in the US, technically abortion is still legal
Where Things Stand if Roe is Overturned
There are multiple states that have restrictions in some way or other. So for example, only 6 states have no restrictions on abortion:
Oregon, Colorado, New Mexico, New Jersey, Vermont and New Hampshire
Most states have limitations at viability, and certain states have limitations at 24-25 weeks
24-25 week limitation: Nevada, PA, FL, Massachusetts, and Virginia
Still others state “viability” but individual institutions limit the gestational ages, effectively making the limitation less than viability (AHEM RI, Women and Infants ← don’t have to actually call them out)
Some states have 22 week limits (North Dakota, South Dakota, Nebraska, Kansas, Oklahoma, Iowa, Wisconsin, Indiana, Ohio, West Virginia, Georgia, South Carolina, Alabama, Louisiana, Arkansas
Others have limitation at 15 or 20 weeks (Mississipi, Kentucky)
Most restrictive: Texas, at 6 weeks
And still more restrictions exist beyond gestational age:
In the setting of minors, parental consent or inform laws exist for all but 7 states
There is also a mandatory waiting period for 24 hours or more in 24 states
State constitutional protection of abortion exist in only 14 states
No government funding for abortion (US government insurance will not fund it)
Currently, should Roe v. Wade get overturned, legislatures in 22 states said they would move to ban or further restrict abortion laws
US Case Law Regarding Abortion Rights
What about other countries / guidelines?
Why is abortion healthcare?
Safe Abortion Care and Why It is Needed
It will occur whether or not it is prohibited
The Guttmacher Institute reports that in 2017 the abortion rate in countries that prohibit or limit abortion was 37/1000 people and the abortion rate was 34/1000 people in countries that broadly allow for abortion
Unsafe abortion leads to 4.7-13.2% of maternal deaths
Most abortions occur early on and is safe when there is good healthcare
According to the CDC, in 2016, 65.5% of abortions occurred at 8 weeks or less
91% occured before 13 weeks
Only 1.2% of abortions are performed at 21 weeks or later
For ways that abortions are done: look at our previous abortion episodes
Abortions are safer than pregnancy
Risk of death from abortion is <1/100,000; risk of dying in childbirth is 14xgreater than risk of dying from an early abortion
Complications from medication abortion is <1% of patients
Rate of complication in surgical abortion is 0.5-4%
It does not increase your risk of future cancer and does not decrease your fertility
Who gets abortions?
It is hard to get access to abortion care already, even in “liberal” states
Among women seeking care for abortion in California, 11.9% traveled 50 miles or more
Especially those who seek second trimester abortions or who live in rural areas
One study of 6022 telemed requests: 76% of requests were from states with hostile restrictions
Why is this important to know?
There are inevitably those that cannot travel 50 miles or more (and this is Cailfornia!)
There are those who do not have $500-$1000 lying around for abortion
What this means is that right now, safe, legal abortion is effectively unattainable for those people who are poor or do not have resources
By further restricting abortion laws, we are going to inevitably make things worse for those who do not have resources (people with money and resources will always be able to get abortions)
Call to Action: Based off the ACOG CO 815 Increasing Access to Abortion
The Hyde amendment and any law that restrict public or private insurance coverage of abortion should be eliminated
There should not be undue barriers that restrict access to abortion including but not limited to:
Bans by gestational age
Requirements that only a physician or an Ob/Gyn give abortion care
Telemedicine bans
Restrictions on medication abortions (including mailing medication through the USPS)
Requirement for mandatory counseling
Waiting periods before abortion
Ultrasound requirements
Mandatory parental consent/informing of parents
Mandatory spousal consent or informing of spouse
Faciliy and staffing requirements as outlined in the Targeted REgulations of Abortion Providers (TRAP) laws
Ob/Gyn and family medicine practices will have opt-out abortion training for medical student, resident, and advanced-practice clinicians, and government funding will be ensured for these programs
Obtaining an abortion or aiding another to obtain an abortion, or providing an abortion should not be considered criminal activities
Institutions should see abortion as healthcare and support it as such
Any decision for abortion and method of abortion should be between the patient and her healthcare provider, and not be dictated by the government, healthcare facility, or ability to pay for abortion
What can you do to help?
VOTE!
Talk to your institutions – see if they will make a commitment to keeping abortion care as part of their practice
Call your representatives
We know that you are all from different places, but we are especially talking to folks from the United States
Find your senators here: https://www.senate.gov/senators/senators-contact.htm
Find your representatives here: https://www.house.gov/representatives
Let them know you are a constituent
Here is a brief script from the ACLU that you can use. Know that there are Democratic Senators that are now working on protecting abortion rights, but there is nothing written/official as of yet
Hi, my name is [SAY YOUR NAME] and my zip code is [SAY YOUR ZIP CODE]. [If you’d like, you can say that you are a physician, medical student, PA, healthcare provider of any type, etc.] I’m a constituent of [SAY SENATORS’ NAME] and I’m calling to urge the senator/representative to work with others to help codify abortion rights into law.
Donate or volunteer for your local Planned Parenthood
Donate to the ACLU and join their mailing list:
Familiarize yourself further with your state (and neighboring states’) laws and regulations for abortion via the Guttmacher institute
Other things
Organize or go to a lobbying day at your place of government
Become part of pro-choice organizations in your community
Encourage people to register and vote
As a provider
If you march, make sure to protect yourselves
If you want to be seen in your white coats, that is ok, but make sure you are safe and go in a group
Educate your patients and hear what they have to say
Prescribe refills on birth control pills, patches, contraceptive rings, etc.
Place LARCs as desired by your patients
Prescribe emergency contraception and tell patients to pick them up and keep it with them
Compile a list of providers/places that provide abortion services and make them readily accessible to patient if they desire them