More ‘heartbeat’ abortion bans advancing in South, Midwest

MGN Online

If a new Mississippi law survives a court challenge, it will be nearly impossible for most pregnant women to get an abortion there.

Posted: May 11, 2019 7:26 PM
Updated: May 11, 2019 8:26 PM

If a new Mississippi law survives a court challenge, it will be nearly impossible for most pregnant women to get an abortion there.

Or, potentially, in neighboring Louisiana. Or Alabama. Or Georgia.

The Louisiana legislature is halfway toward passing a law — like the ones enacted in Mississippi and Georgia — that will ban abortions after a fetal heartbeat is detected, about six weeks into a pregnancy and before many women know they’re pregnant. Alabama is on the cusp of approving an even more restrictive bill.

State governments are on a course to virtually eliminate abortion access in large chunks of the Deep South and Midwest. Ohio and Kentucky also have passed heartbeat laws; Missouri’s Republican-controlled legislature is considering one.

Their hope is that a more conservative U.S. Supreme Court will approve, spelling the end of the constitutional right to abortion.

“For pro-life folks, these are huge victories,” said Sue Liebel, state director for the Susan B. Anthony List, an anti-abortion advocacy group. “And I think they’re indicative of the momentum and excitement and the hope that’s happening with changes in the Supreme Court and having such a pro-life president.”

For abortion right supporters, meanwhile, the trend is ominous. Said Diane Derzis, owner of Mississippi’s sole abortion clinic, the Jackson Women’s Health Organization: “I think it’s certainly more dire than it ever has been. They smell blood and that’s why they’re doing this.”

Already, Mississippi mandates a 24-hour wait between an in-person consultation. That means women must make at least two trips to her clinic, often traveling long distances.

Other states have passed similar, incremental laws restricting abortion in recent years, and aside from Mississippi, five states have just one clinic — Kentucky, Missouri, North and South Dakota, and West Virginia. But the latest efforts to bar the procedure represent the largest assault on abortion rights in decades.

Lawmakers sponsoring the bans have made it clear their goal is to spark court challenges in hopes of ultimately overturning the 1973 Roe v. Wade decision legalizing abortion.

Those challenges have begun. Derzis’ attorneys are scheduled to go before a judge on May 21, seeking to prevent Mississippi’s heartbeat law from taking effect July 1.

A judge in Kentucky blocked enforcement of that state’s heartbeat ban after the American Civil Liberties Union filed suit on behalf of the clinic in Louisville.

Similar legal action is expected before bans can take effect in Ohio and Georgia, where Republican Gov. Brian Kemp signed the latest heartbeat bill into law Tuesday. Kemp said he welcomed the fight, vowing: “We will not back down.”

Georgia’s ban doesn’t take effect until Jan. 1. But the impact was immediate.

An abortion clinic operated by The Women’s Centers in Atlanta began receiving anxious calls from patients soon after Kemp signed the law. Many callers had plans to travel from outside the state for abortions. Georgia’s heartbeat ban would have a wider impact because the state has 17 abortion clinics — more than the combined total in the other four Southern states that have passed or are considering bans.

“On a typical day we will see people from North Carolina, Tennessee, Alabama, South Carolina — all over the region,” said Dr. Lisa Haddad, the Atlanta clinic’s medical director. “And my thought is we’re not going to see those people coming here because they assume it’s already illegal in Georgia.”

Dr. Ernest Marshall, co-founder of Kentucky’s last remaining abortion clinic in Louisville, said in an email that banning abortions before most women know they’re pregnant would “have a disproportionate impact on poor women and communities of color throughout the South.”

Advocates for abortion rights expect judges to halt enforcement of any new bans while lawsuits work their way through the courts. That could take years.

“These laws are blatantly unconstitutional,” said Elisabeth Smith, chief counsel for state policy and advocacy for the Center for Reproductive Rights, which also has filed suit over Mississippi’s ban. “But if they were allowed to go into force, they would have devastating consequences for the residents of all of these states.”

If heartbeat bans are upheld, many women who are poor and have limited means to travel would have few options other than to try to terminate their own pregnancies, Haddad said, possibly using abortion drugs purchased online.

Others would have to drive or fly across multiple states, said Elizabeth Nash, a state policy analyst for the Guttmacher Institute, a research group that supports abortion rights.

“People would go to Florida, people would continue to go to Memphis,” Nash said. “How many states do you have to cross before you can access abortion services? It exacerbates all the issues we’ve already seen around taking time off from work and having the money to travel.”

Proposed heartbeat bans failed to pass this year in several Republican-led states, including Texas. There, GOP lawmakers lost ground to Democrats in the 2018 elections, and some abortion foes were wary after courts struck down prior abortion restrictions in the state. Such efforts also fell short in Florida, South Carolina, Tennessee and West Virginia.

Alabama lawmakers postponed until next week a vote on a proposal that would make performing nearly all abortions a felony. The measure has passed the state House, and the Senate suspended debate Thursday amid a heated dispute over whether exemptions for rape and incest should be stripped from the bill.

“You can’t put a price on unborn life,” Eric Johnston, president of the Alabama Pro-Life Coalition, said Wednesday, as a legislative committee heard testimony on the state’s proposed ban. “What you have to do is protect the people that live in this state and that includes unborn children.”

But Jenna King-Shepherd told Alabama lawmakers she believed the abortion she had at age 17 allowed her to finish college. She said her father, a part-time Baptist preacher furious about her pregnancy, drove her to the abortion clinic because he trusted her to make the right choice.

“I’m not asking you to support access to abortion,” King-Shepherd said. “I’m only asking you to let women, their families, their physicians and their God make this decision on how they want to start their families in private and trust them to do that.”

Mississippi Coronavirus Cases

Data is updated nightly.

Cases: 314710

Reported Deaths: 7254
CountyCasesDeaths
DeSoto21646260
Hinds20369416
Harrison17949309
Rankin13643278
Jackson13450246
Madison10113217
Lee9986174
Jones8384163
Forrest7689152
Lauderdale7198240
Lowndes6403148
Lamar623686
Lafayette6203119
Washington5341134
Bolivar4802132
Oktibbeha462998
Panola4596107
Pearl River4519146
Marshall4450103
Warren4393121
Pontotoc420872
Monroe4115133
Union411176
Neshoba4031176
Lincoln3969110
Hancock379586
Leflore3498125
Sunflower336290
Tate334784
Pike3327105
Scott316274
Alcorn313368
Yazoo311770
Itawamba300577
Copiah297465
Coahoma295579
Simpson295388
Tippah288768
Adams286982
Prentiss280060
Marion269380
Leake268473
Wayne262841
Grenada261587
Covington259881
George248148
Newton246862
Winston227581
Tishomingo227067
Jasper221148
Attala214473
Chickasaw208057
Holmes189174
Clay185554
Stone182833
Tallahatchie178941
Clarke178080
Calhoun170932
Yalobusha164638
Smith162534
Walthall134245
Greene130633
Lawrence128724
Montgomery127142
Noxubee126734
Perry126338
Amite123142
Carroll121829
Webster114532
Jefferson Davis107133
Tunica105726
Claiborne102430
Benton100025
Humphreys96733
Kemper95828
Franklin83923
Quitman81116
Choctaw76418
Wilkinson67531
Jefferson65728
Sharkey50217
Issaquena1686
Unassigned00

Alabama Coronavirus Cases

Cases: 537813

Reported Deaths: 11024
CountyCasesDeaths
Jefferson791691529
Mobile41177808
Madison35002507
Tuscaloosa25871454
Shelby25076249
Montgomery24549591
Baldwin21290309
Lee15946171
Calhoun14556319
Morgan14364280
Etowah13890353
Marshall12262223
Houston10602282
Elmore10115206
Limestone10031151
St. Clair9890245
Cullman9730194
Lauderdale9449243
DeKalb8853188
Talladega8325176
Walker7259277
Autauga6971108
Jackson6830112
Blount6750139
Colbert6317134
Coffee5546119
Dale4869113
Russell444338
Chilton4343113
Franklin426282
Covington4138118
Tallapoosa4040152
Escambia394577
Chambers3581123
Dallas3564153
Clarke351361
Marion3137101
Pike311977
Lawrence302298
Winston275673
Bibb263064
Geneva252577
Marengo249664
Pickens234862
Barbour231956
Hale223677
Butler217869
Fayette212462
Henry189644
Cherokee184345
Randolph182042
Monroe178140
Washington167639
Macon160750
Clay156957
Crenshaw153357
Cleburne149241
Lamar143035
Lowndes139653
Wilcox127430
Bullock123041
Conecuh110629
Coosa108928
Perry107826
Sumter104932
Greene92634
Choctaw61024
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