AUSTIN, TEXAS — After the Dobbs decision by the Supreme Court, maternal health care is under attack. Under the banner of “pro-life,” anti-abortion, undemocratic forces are passing laws that threaten lives. When miscarriages occur, as in approximately one-fourth of pregnancies, medical intervention is required, but new laws restrict standard medical treatments. ProPublica found at least 70 examples across 12 states of women with pregnancy complications who were denied abortion care or had their treatment delayed after Roe was overturned. Doctors say the true number is much higher.
On April 7, Texas Judge Kacsmaryk ordered a hold on federal approval of a pill commonly used and safe for ending pregnancies. The ruling is delayed while the Justice Department appeals. Meanwhile, a Federal judge in Washington State ruled to retain the approval of the pill. It is unclear how the issue will be resolved. If the drug becomes outlawed, no abortions anywhere in the country could be performed using it. It doesn’t stop there. Bills introduced in several states include homicide charges for abortion, and homicide is punishable by death in those states! Kimberley Harris, who teaches constitutional law at Texas Tech University School of Law, warns, “If the fetus is [ruled] a person …. you could potentially be guilty of manslaughter or murder if you had a miscarriage and weren’t taking proper precautions.”
Those with the fewest resources to manage the roadblocks to their health care will be hardest hit. Since 2005, Texas has diverted millions of dollars from the federal Temporary Aid to Needy Families, leaving Texas welfare recipients with the lowest financial aid in the country. The funds went instead to anti-abortion “crisis pregnancy centers” that masquerade as real clinics, a huge handout to the anti-abortion lobby.
Maternal death rates rose 40% during the Pandemic, with the increase more than twice as high for Black women, who have always had the worst maternal death rates. Rural women, with clinics and hospitals hours away, will suffer greatly. Families will be pushed further into poverty when forced to have more children than they can afford. Cancer patients could be denied care if the treatment threatens the health or life of the fetus.
A Growing Movement for Everyone’s Rights
Tens of thousands of families are affected by these laws and people are fighting back in a myriad of ways. A group of Texas women and their doctors are suing the state to make it clear that the law allows intervention to save women’s lives. “It’s not just for me. It’s for every pregnant person and for everyone who knows and loves a pregnant person. It is with and for all Texans who like me are scared and outraged at the thought of being pregnant in this state that I stand and fight,” said Amanda Zurawski, one of the plaintiffs.
Dr. Marta Crispens says, “We took an oath — we have to be able to take care of these women.” Dr. Jamila Perritt, an obstetrician-gynecologist and president of Physicians for Reproductive Health, said the surge of new legislation should be “a rallying call for doctors not engaged.” Doctors at major hospitals are prevented from telling their patients’ stories of harm, even in states that allow abortions, if the hospital is identified. “I feel muzzled, completely restrained, and I’m outraged . . . I want … to get our voices out there,” said a doctor.
Urgent discussions are going on among medical professionals and women’s organizations about law and morality, i.e. whether to treat women where it appears to be illegal, when there is a serious threat either to their life or health. A bioethicist and surgeon at Harvard discussed “covert disobedience,” which is privately resisting the law.
In Texas, health care rights organizations joined forces to push legislation called Rosie’s Law. Under the bill, contraceptives, prenatal care, and legal abortions performed for miscarriage care, would be covered for Texans enrolled in the state’s Medicaid program for low-income people. The bill would also repeal a 2017 ban on private insurance coverage of abortion. “No one should be denied coverage for any reproductive services just because they’re poor,” said Sheryl Cole, one of the bill’s sponsors.
In February, U.S. District Judge Robert Pitman ruled that the Texas Attorney General and specific local prosecutors cannot target people or funds supporting people traveling out of state for abortion care. This ruling opens the door for the Texas Equal Access Fund, Fund Texas Choice and similar organizations to resume support for Texans needing to travel to obtain abortions. “We’re going to fund abortions until we’re forced to stop,” said Denise Rodriguez of Texas Equal Access Fund. “We won’t be bullied by legislators who are trying to pass these illegitimate and frankly unconstitutional laws.”
What Does it All Mean?
If you think this is only about abortion or that it only affects people who are pregnant, it is much bigger than that. People all over the country are horrified and outraged that our rights are being stripped in a coordinated way that feels like we are under siege. Very powerful, well-funded organizations are helped by some of the largest corporations, such as Google, Meta, AT&T and CVS, to get willing politicians and judges to enact laws that take away our rights and our democracy. What we are witnessing is extreme intervention on the part of government and corporations into people’s lives. The only way to effectively counter these attacks is to mount a large and broad movement for freedom and democracy, and that is under way!
Karel Riley is a People’s Tribune correspondent from Texas.
