Developments in Abortion, Autonomy, and Access:
Today’s Digest is a bit shorter than usual, as the author is at a conference much of this week. However, as always, we strive to bring you the most important news on reproductive rights and bodily autonomy from around the country. This week’s edition goes through the latest attacks on the rights of transgender people, litigation developments at the state and federal levels, increasing concern around abortion surveillance, and proposed legislation out of Texas.
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Reproductive Rights and Health Equity News:
Legislation & Litigation:
Overview:
Texas and Florida are seeking to intervene as plaintiffs in a federal lawsuit challenging the FDA’s approval of mifepristone;
Texas lawmakers have passed legislation prohibiting the sending of medication abortion into the state, making it more difficult for Texans to access care;
A dispute that pits New York’s shield laws against Texas’s abortion ban is continuing to accelerate, with New York Attorney General Letitia James joining the lawsuit;
Illinois has passed two bills improving access to reproductive care in the state; and
A federal judge has blocked a DOJ subpoena seeking the records of trans minors from Boston Children’s Hospital.
Texas and Florida Seek to Intervene in Mifepristone Lawsuit:
Florida and Texas are seeking to intervene in the lawsuit formerly known as Alliance for Hippocratic Medicine vs. FDA. The plaintiffs in the case aim to roll back FDA’s regulations approving the use of mifepristone for medication abortions in the first 10 weeks of pregnancy. The lawsuit was originally brought by a group of anti-abortion doctors and organizations; however, their case was dismissed for lack of standing. Following that dismissal, Idaho, Missouri and Kansas joined as plaintiffs in an attempt to keep the dispute alive. The lawsuit is currently in front of far-right judge Matthew Kacsmaryk, who has a history of rubber-stamping anti-abortion lawsuits.
Earlier this year, the Trump Administration argued that the case should once again be dismissed on the grounds that Missouri, Idaho and Kansas do not have standing in a Texas federal court. If allowed to join, Texas’s presence in the case could help quell those arguments and spur a change in position. Texas and Florida argue that their intervention is appropriate because Missouri, Kansas and Idaho are not able to adequately represent the interests at stake. The case is likely to eventually end up back before the Supreme Court, where it will play a substantial role in shaping access to medication abortion in the U.S.
Texas Lawmakers Pass Legislation Restricting Medication Abortion:
Texas lawmakers have passed HB 7, a new law restricting access to medication abortion. It now awaits Governor Greg Abbott’s signature. Although Texas is already enforcing a total abortion ban, the legislation makes access to care even more legally fraught by allowing private citizens to bring lawsuits against anyone who mails or distributes abortion pills in the state. This citizen ‘bounty-hunter’ style of law is one that Texas originated with its pre-Dobbs “heartbeat” ban. The new law applies even if an abortion does not actually take place. It also specifically declares that another state’s shield laws are not a defense, adding another layer to the ongoing interstate disputes over shield laws and abortion bans. Anti-abortion lawmakers insist that HB 7 is necessary to protect Texans from the supposed dangers of medication abortion, casting the women who utilize them as victims.
Shield Law Dispute Between Texas and New York Accelerates:
A dispute that pits Texas’s abortion ban against New York’s abortion shield law continues to develop. Earlier this year, Texas brought a lawsuit against New York shield provider Dr. Maggie Carpenter for mailing abortion pills into Texas. Although a Texas court issued a judgment against her, New York has declined to enforce that judgment or extradite Dr. Carpenter to Texas, citing the state’s shield protections. New York Attorney General Letitia James announced this week that she will intervene in the dispute to defend New York’s law, stating that Texas “cannot commandeer New York’s courts to enforce its punitive abortion laws, and that New York has the legal right and responsibility to safeguard its residents, its providers and its courts from out-of-state overreach.” The case is one of the first substantive legal battles over the enforceability and strength of post-Dobbs shield laws. Experts speculate that the issues involved will likely end up before the U.S. Supreme Court.
Illinois Expands Protections for Reproductive Rights and Access:
Illinois Governor JB Pritzker has signed two new bills expanding reproductive rights in the state. The first, HB3637 extends the state’s current shield law to cover all healthcare providers, including midwives and drug distributors. It also amends the Illinois Food, Drug and Cosmetic Act to allow providers to continue to prescribe drugs as long as they remain approved by the World Health Organization, even if the FDA revokes its approval. The second measure, HB 3709, requires public universities to offer contraception and medication abortion on campus in order to address gaps in care.
A Federal Judge Has Blocked a Subpoena Seeking the Records of Trans Minors from a Boston Hospital:
In July, Attorney General Pam Bondi announced that the Department of Justice had issued over 20 subpoenas to health care facilities providing gender-affirming care to minors. She claimed that they were for the purpose of investigating fraud and similar unlawful activities; however, the subpoenas requested expansive information concerning the care provided to individual patients. One of the recipient hospitals, Boston Children’s, asked a federal court to block the subpoena. This week, Judge Myong Joun granted that request. In his order Judge Joun pointed to the Administration’s open animus towards the transgender community and stated that “it is abundantly clear that the true purpose of issuing the subpoena is to interfere with [Massachusetts’] right to protect [gender-affirming care] within its borders, to harass and intimidate [Boston Children’s Hospital] to stop providing such care, and to dissuade patients from seeking such care.” This court order comes as over 20 hospitals and clinics nationwide have ceased providing care to minors under mounting pressure from the federal government.
Trend and Policy Watch:
New Mexico Becomes the First Care to Make Child Free:
New Mexico Governor Michelle Lujan Grisham announced this week that, beginning in November, childcare will be cost-free for New Mexico residents. The new policy applies regardless of a family’s income and is expected to save families up to $12,000 a year. New Mexico is the first state to take this step and will serve as a model for other states to follow, bringing the United States more in line with childcare assistance in comparator nations.
Austin Decides to Close its Abortion Travel Fund:
The City of Austin has made the decision to end its abortion travel fund under pressure from the state and newly passed prohibitive legislation. The city had originally allocated $100,000 for organizations that help Texans travel out of state for care. However, in late August, Greg Abbott signed SB 33 into law, which prohibited governmental entities from funding logistical support for abortion. Texas Attorney General Ken Paxton had previously sued the city for what he called an illegal appropriation of funds.
Missouri Continues to Attempt to Stymie the Will of its Voters:
Missouri continues to fight to get an anti-abortion and anti-gender-affirming care ballot measure on the ballot for 2026. If passed, the measure would undo the recently-passed constitutional amendment legalizing abortion until viability in the state. Simultaneous with this effort, lawmakers are legislating to raise the threshold for citizens to enact constitutional amendments altogether, following successful voter passage of abortion rights, legalization of marijuana and increased minimum wage. If the new law passes, citizen-led initiatives would need a statewide simple majority and a majority in all eight congressional districts, allowing a small cohort of voters to effectively defeat any proposed measure.
Lawmakers Embrace ‘Restorative Reproductive Medicine’:
As debates around access to fertility treatments continue at both the federal and state levels, some conservative lawmakers are backing policies supporting so-called “restorative reproductive medicine” (RRM). Restorative Reproductive Medicine purports to offer holistic alternative approaches to infertility involving “ultrasounds, blood tests, hormone measurements, exploratory surgeries, ‘natural procreative technology” and fertility awareness methods like cycle tracking. Some states, including Arkansas, are passing laws requiring insurance coverage for RRM. Although access to a broad spectrum of supportive reproductive practices is facially positive, experts warn that RRM is not a proven alternative to assisted reproductive technologies like IVF. And, the supporters of the practice often come from groups ideologically opposed to assisted reproduction and contraception.