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The state of abortion access explained

Clarified examines how state abortion bans, Supreme Court decisions and maternal mortality rates are inextricably linked.

The state of abortion access explained

Clarified examines how state abortion bans, Supreme Court decisions and maternal mortality rates are inextricably linked.

Hi, more than one in eight voters say abortion is the most important issue to them in the presidential election. Two years since the Dobbs decision, new state restrictions, Supreme court rulings and ballot measures continue to evolve but the headlines can be overwhelming and confusing. So let's stick to the facts about what Americans need to know about abortion access want it. Now, abortion is out the Supreme Court's 2022 ruling on Dobbs V. Jackson Women's Health Organization, which essentially eliminated the constitutional right to an abortion led to an immediate array of bans and restrictions across the United States. Currently 21 states have either *** ban or restriction on abortion, but that wasn't the only outcome in response to trigger laws that took effect almost immediately after the ruling. The Department of Health and Human Services instructed hospitals to comply with the Federal Emergency Medical Treatment and Active Labor Act or mal *** the 1986 statute requires doctors to stabilize or treat anyone who comes to *** hospital in an emergency that could include providing an emergency abortion to *** pregnant woman if it would mean saving her life or preventing her further harm. The Biden administration's HHS went on to say that when *** state law prohibits abortion, it does not include an exception for the life of the pregnant person. That state law is preempted Idaho disagreed and its challenge has made it all the way to the US Supreme Court. In April, the Supreme Court heard oral arguments in the case of Idaho and Moyle, the United States, which questions whether the federal government can pre-empt state law. In the case of abortions counsel, the problem we're having right now is that you're sort of putting preemption on its head. The whole purpose of preemption is to say that if the state passes *** law that violates federal law, the state law is no longer effective. Attorney Josh Turner, arguing on behalf of Idaho said that the state law protects doctors ability to make subjective decisions based on good faith medical judgment. As long as it's within the confines of state policy, including allowing an emergency abortion to save the pregnant person's life. There is *** life saving exception under *** but when justice is asked what if the pregnant person wasn't near death but their health was in peril. Would abortion be allowed just since the point which is they will present with *** serious medical condition that doctors in good faith can't say will present death but will present potential loss of an organ for serious medical complications for the woman. They can't perform those abortions if that hypothetical exists. Idaho law does say that abortions in that case aren't allowed. Solicitor General Elizabeth Prilo further illustrated what was at stake today. Doctors in Idaho and the women in Idaho are in an impossible position if *** woman comes to an emergency room facing *** grave threat to her health, but she isn't yet facing death. Doctors have to delay treatment and allow her condition to materially deteriorate or they're airlifting her out of the state so she can get emergency care that she needs key points of the argument went on to discuss how Idaho would determine if it were possible to stabilize the patient's condition and the health of the quote unborn child. Have you seen abortion statutes that use the phrase unborn child? Doesn't that tell us something under B one, if *** woman goes to hospital with an emergency medical condition, that's the phrase, the hospital must either stabilize the condition or under some circumstances transfer the woman to another facility. The term emergency medical condition is defined to include *** condition that places the health of the woman's unborn child in serious jeopardy. So in that situation, the hospital must stabilize the threat to the unborn child. And it seems that the plain meaning is that the hospital must try to eliminate any immediate threat to the child. But performing an abortion is antithetical to that duty note justice Alito's use of the term unborn child instead of fetus. *** fundamental marker of the pro life movement is to establish fetal personhood. The justices will continue to grapple with this argument until they deliver their decision, which is expected to come down in June. In the meantime, doctors of Idaho's largest medical system, Saint Luke's health have been forced to airlift patients to neighboring states for emergency pregnancy terminations. Six women in three months. This is justice show up here. I love watching in Florida. The questions around abortion access are equally fraught. Just before the US Supreme Court was hearing oral arguments regarding Idaho, the Florida Supreme Court made two major decisions. It allowed Florida's abortion ban to be reduced from 15 weeks to six weeks. *** ruling that not only impacts people in Florida but also delivers *** massive blow to abortion providers in the South. According to the Agency for Health Care Administration, Florida provided more than 84,000 abortions in 2023 including 8000 abortions for patients from neighboring states. Now, patients seeking an abortion after six weeks will have to go as far as North Carolina or Virginia to seek care. Although the law makes exceptions for victims of rape, incest and life threatening conditions. It criminalizes prescribing abortion pills through telehealth or sending pills in the mail. According to the CDC, 60% of abortions in Florida from 2018 to 2023 were medicated abortions. Florida's six week ban went into effect May 1st. However, the Florida Supreme Court also allowed an abortion amendment to be on the ballot in November, Floridians will get the chance to vote for amendment four. If they would like to enshrine abortion protections in the state constitution. The amendment states no law shall prohibit penalize delay or restrict abortion before viability or when necessary to protect the patient's health as determined by the patient's health care provider. As states debate abortion rights in the courts, our understanding of maternal mortality has also changed. *** new study released by the American Journal of Obstetrics and Gynecology questions. The maternal mortality rate reported by the CDC in 2021. The US ranks high in maternal mortality rate for *** developed nation. There are 10.4 deaths per 100,000 births and the maternal mortality rate for black women is significantly higher. Black patients are three times more likely to die from pregnancy related deaths. Even though 84% of maternal deaths are preventable. Women's health care and abortion are deeply linked and the impact of the Dobbs decision will likely be felt in the polls. This fall knowledge is power. What you do with it is your choice.
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The state of abortion access explained

Clarified examines how state abortion bans, Supreme Court decisions and maternal mortality rates are inextricably linked.

One in eight voters say abortion is the most important issue to them in the 2024 presidential election. Here are three things you should know about abortion access in the United States. EMTALACurrently, twenty-two states have either a ban or the strongest restrictions on abortion in the country. In response to the Supreme Court's ruling on Dobb's V. Jackson Women's Health in 2022, the Department of Health and Human Services instructed hospitals to comply with the federal Emergency Medical Treatment and Active Labor Act, or EMTALA. The 1986 statute requires doctors to “stabilize,” or treat anyone who comes to a hospital in an emergency, which includes providing an emergency abortion if it were needed to save a life or prevent further harm.The Biden administration’s HHS went on to say that, “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted." In April, the Supreme Court heard oral arguments in the case Moyle v. United States, which questions whether the federal government can preempt state law in the case of abortions. The justices are expected to deliver their decision in June.Florida's six week ban Florida's six-week ban went into effect on May 1. Although the law makes exceptions, for victims of rape, incest and life-threatening conditions, it criminalizes prescribing abortion pills through telehealth or sending pills in the mail. In November, Floridians will get the chance to vote for Amendment 4 if they would like to enshrine abortion protections in the state constitution. The Amendment states, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider.”Maternal mortality rates in question A new study released by the American Journal of Obstetrics and Gynecology, directly questions the maternal mortality rate reported by the CDC in 2021 and claims the CDC over-reported. According to AJOG, the US still ranks high in maternal mortality rate for a developed nation, but not as high as the CDC reported. They estimate that there are 10.4 deaths per 100,000 births. Black patients are three times more likely to die from pregnancy-related deaths-- even though 84% of maternal deaths are preventable.

One in eight voters say abortion is the most important issue to them in the 2024 presidential election. Here are three things you should know about abortion access in the United States.

  1. EMTALA
    Currently, twenty-two states have either a ban or the strongest restrictions on abortion in the country. In response to the Supreme Court's ruling on Dobb's V. Jackson Women's Health in 2022, the Department of Health and Human Services instructed hospitals to comply with the federal Emergency Medical Treatment and Active Labor Act, or EMTALA. The 1986 statute requires doctors to “stabilize,” or treat anyone who comes to a hospital in an emergency, which includes providing an emergency abortion if it were needed to save a life or prevent further harm.
    The Biden administration’s HHS went on to say that, “When a state law prohibits abortion and does not include an exception for the life of the pregnant person — or draws the exception more narrowly than EMTALA’s emergency medical condition definition — that state law is preempted."
    In April, the Supreme Court heard oral arguments in the case Moyle v. United States, which questions whether the federal government can preempt state law in the case of abortions. The justices are expected to deliver their decision in June.
  2. Florida's six week ban
    Florida's six-week ban went into effect on May 1. Although the law makes exceptions, for victims of rape, incest and life-threatening conditions, it criminalizes prescribing abortion pills through telehealth or sending pills in the mail. In November, Floridians will get the chance to vote for Amendment 4 if they would like to enshrine abortion protections in the state constitution. The Amendment states, “No law shall prohibit, penalize, delay, or restrict abortion before viability or when necessary to protect the patient's health, as determined by the patient's healthcare provider.”
  3. Maternal mortality rates in question
    A new study released by the American Journal of Obstetrics and Gynecology, directly questions the maternal mortality rate reported by the CDC in 2021 and claims the CDC over-reported. According to AJOG, the US still ranks high in maternal mortality rate for a developed nation, but not as high as the CDC reported. They estimate that there are 10.4 deaths per 100,000 births. Black patients are three times more likely to die from pregnancy-related deaths-- even though 84% of maternal deaths are preventable.
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