Developments in Abortion, Autonomy, and Access:
This week’s Digest covers the legal battles over abortion rights in states where voters have passed ballot initiatives, South Carolina’s attempt to pass a total abortion ban that would allow pregnant patients to be charged with homicide, legislation and litigation impacting access to medication abortion, and the federal government’s attempt to defund Planned Parenthood. As always, please read on to the end for the news that you need to know.
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Reproductive Rights and Health Equity News:
Legislation & Litigation:
Overview:
Missouri, Ohio and Arizona continue to fight in the courts over the proper scope of their states’ abortion restrictions, despite citizens having passed constitutional amendments protecting the right to access;
South Carolina lawmakers have set a hearing on a draconian total abortion ban that, among other things, would allow prosecution of abortion patients for the crime of homicide;
Texas Governor Greg Abbott has signed HB 7 into law, severely restricting access to medication abortion and allowing citizens to bring ‘bounty-hunter’ style lawsuits against individuals possessing or transferring the drugs; and
The First Circuit Court of Appeals issued a ruling allow the federal administration’s attempt to “defund” Planned Parenthood to move forward during the pendency of litigation;
The Center for Reproductive Rights has filed a new lawsuit seeking detailed information about the Trump Administration’s decision to review mifepristone’s safety.
States With Citizen-Passed Abortion-Rights Constitutional Amendments Continue to Fight to Limit Access:
Missouri Judge Orders Ballot Initiative Summary Language to be Rewritten:
A Missouri Judge has ordered the state to rewrite ballot measure summary language for a proposed constitutional amendment that would reinstate a near-total abortion ban. Last November, Missouri became the first state to overturn a total abortion ban via citizen-led ballot measure. The state is now attempting to use that same process to rescind those newly-passed protections in the 2026 election. Missouri Secretary of State Denny Hoskins certified a ballot summary stating that the proposed amendment would do a number of things, including “ensure women’s safety during abortions,” and “guarantee access to care for medical emergencies, ectopic pregnancies, and miscarriages.” The summary failed to mention the proposed amendment’s most important function: banning abortion in Missouri once again. The ACLU sued, arguing that this language did not comply with state requirements to fairly portray the proposed amendment and that it violated the rule that any amendment contains only one subject. The court agreed, giving the Secretary of State seven days to provide revised language that accurately reflects the full scope of the measure.
Ohio Continues to Litigate Over the Scope of Abortion Restrictions in the State:
In 2023, Ohio voters passed a constitutional amendment guaranteeing the right to pre-viability abortion care, rendering the previously-enforced 6-week ban unconstitutional. Despite this, the state continues to assert that several of the ban’s provisions, including certain record-keeping requirements, should remain in effect. Ohio Attorney General Dave Yost’s legal team argued in court last week that the provisions are ‘severable’ from the ban itself – meaning that the legislature intended them to remain in effect even if portions of the law were struck down. Conversely, the other side argued that the remaining restrictions and regulations have no meaning on their own and cannot stand without the 6-week ban in place. In addition to fighting in the courts, the state is also attempting to pass renewed legislation imposing limitations on access to care, including a medically unnecessary 24-hour waiting period.
Arizona Anti-Abortion Lawmakers Defend Arizona Restrictions:
In the 2024 election, Arizona voters utilized a citizen-led ballot initiative to enshrine pre-viability abortion rights into the state constitution. However, significant restrictions on care remain on the books – including a 24-hour waiting period, a ban on telemedicine abortions, and a ban on abortions sought because of a fetal genetic abnormality. Each of these laws has a disproportionate impact on rural patients and those who already lack the financial and practical resources to access care. Last week, attorneys for Republican lawmakers in the state argued in court that the case challenging these restrictions should be dismissed on standing grounds, alleging that the plaintiff doctors have not shown a threat of prosecution. On Tuesday, Maricopa County Superior Court Judge Greg Como rejected that argument, finding that the doctors have a right to have the case heard and that, in light of the constitutional protections for abortion, “any restrictions on [abortion] are presumptively invalid.”
South Carolina Lawmakers Push for Draconian Total Abortion Ban:
South Carolina lawmakers have set a hearing for SB 323, the ‘Unborn Child Protection Act’, a total abortion ban that would be the most severe in the nation if passed. The bill is being considered outside of South Carolina’s regular legislative session. At present, South Carolina bans abortion after detection of fetal cardiac activity, with exceptions for rape, incest, fetal anomalies, and medical emergencies. The Unborn Child Protection Act would render all non-emergency abortions illegal and prosecutable as homicide. In addition to banning abortion, the ACLU of South Carolina explains that the bill would:
“Allow imprisonment up to 30 years for a person having an abortion or aiding in abortion
Prohibit transporting a minor out of state to obtain an abortion
change the definition of a legal “contraceptive” to exclude anything that prevents ovulation or implantation of a fertilized ovum
open the door to restrictions on in vitro fertilization (IVF) by defining a “human embryo” as a fertilized egg or zygote
make it unlawful to possess any drug or substance that can be used for abortion
make providing information about abortion unlawful, including via a website or phone call; [and]
require public school students to watch a propaganda video called "Meet Baby Olivia," produced by the anti-abortion group Live Action”
If passed, the bill would have devastating consequences on access to health care in South Carolina and open the door for sweeping restrictions on birth control and assisted reproduction. We will be following the bill’s progress closely and reporting on any new developments. However, regardless of its success or failure, it serves as an urgent reminder of how far the extreme anti-abortion movement would like to go if given the political power to enact their full vision.
Texas Governor Greg Abbott Signs Bill Severely Restricting Medication Abortion Access:
As we reported in our last Digest, Texas lawmakers recently passed HB 7, a law severely restricting access to medication abortion and allowing private citizens to sue for perceived violations. It is aimed at reducing the efficacy of shield laws by cutting off Texans’ ability to safely access abortion pills from across state lines. Last week, Governor Greg Abbott signed that bill into law. It will take effect in early December.
Federal Court Allows Trump Administration to Move Forward with ‘Defunding’ Planned Parenthood
The First Circuit Court of Appeals has lifted a lower court’s ruling temporarily blocking the Trump Administration from ‘defunding’ Planned Parenthood. Earlier this year, the Administration passed a spending bill that included provisions effectively precluding Planned Parenthood from receiving Medicaid Reimbursements for one year, handing the anti-abortion movement a major win in its decades-long crusade to shut down the reproductive healthcare provider. Planned Parenthood estimates that around 200 clinics may close, impacting over a million patients nationwide. Under the Hyde Amendment, federal funds are already prohibited from covering abortion, with extremely narrow exceptions. Defunding Planned Parenthood will instead cut off funding for low-income patients in need of pregnancy testing, cancer screenings, STI testing and treatment, prenatal care, contraception and other critical health services.
A New Lawsuit Challenges the Trump Administration’s ‘Review’ of Mifepristone’s Safety:
A new lawsuit filed by the Center for Reproductive Rights (CRR) seeks information about the government’s decision to review mifepristone’s safety record. The complaint alleges violations of the Freedom of Information Act (FOIA), following FDA and HHS’s failures to adequately respond to the CRR’s inquiries. In June, FDA Commissioner Marty Makary announced that the Agency would conduct a review of mifepristone, despite the drug’s decades of safe and effective use. CRR filed FOIA requests seeking information about that review process and the data driving the Agencies’ decision. In its press release regarding the lawsuit, CRR cites evidence for its concerns that the decision was motivated by anti-abortion politics rather than legitimate scientific or medical concerns. Earlier this week, Makary and HHS Secretary RFK Jr. sent a letter to 22 Republican attorneys general affirming that FDA is conducting an investigation into the drug’s record.
Trend and Policy Watch:
Texas Attorney General Ken Paxton Has Dropped a Lawsuit Against a Texas Doctor:
Texas has dropped a lawsuit against a pediatric endocrinologist accused of providing gender-affirming care to minors in violation of Texas law. Despite previously referring to doctor Hector Granados as a “scofflaw who is harming the health and safety of Texas children,” the AG’s office has concluded that no legal violations occurred and filed a nonsuit in the case. The state is continuing to pursue two other Texas providers based on similar accusations.
Federal Judges Investigate Transgender Civil Rights Lawyer:
Prosecutors in Alabama have indicted a transgender civil rights attorney for allegedly making false statements under oath. Although that might not sound like cause for alarm, the attorney and others like him have faced a years-long campaign of harassment and questionable prosecutorial behavior. Mother Jones has done in-depth reporting on this case and why it reflects an alarming escalation in scrutiny and investigation into advocates fighting for LGBTQ+ rights in the South.
Oregon Looks to Protect Access to Abortion as the Federal Landscape Shifts:
As the federal government seeks to use the federal budget to strip Medicaid funding from Planned Parenthood, abortion-protective states like Oregon are looking at ways to ensure their citizens continue to have access to care. Oregon House Democrats announced last week that they will be forming working groups ahead of their 2026 legislative session in order to assess options for preserving continued abortion access and protections for clinicians who provide care. Members of the proposed working groups denounced the Administration’s actions with respect to Planned Parenthood and reaffirmed Oregon’s commitment to honoring abortion and gender-affirming care as fundamental rights and critical components of health care.