Unprecedented South Dakota Law Creates Major Obstacles For Women’s Health

MONTGOMERY, Ala. — A federal judge has issued a ruling making it clear that Alabama Attorney General Steve Marshall and district attorneys across the state cannot prosecute individuals, including health care providers and reproductive justice organizations, for helping pregnant Alabamians travel across state lines to access abortion care in states where abortion is legal. A group of health care providers filed this lawsuit in 2023 after Attorney General Marshall explicitly threatened that anyone who assists a pregnant Alabamian in accessing legal, out-of-state abortion care could face felony charges. As the federal court held today, the attorney general’s threats blatantly violate the constitutional rights to free speech and to travel freely across state lines. In the ruling, Judge Myron Thompson said, “At its core, this case is simply about whether a State may prevent people within its borders from going to another State, and from assisting others in going to another State, to engage in lawful conduct there. . . . The court now answers no, a State cannot.” Due to Attorney General Marshall’s threats, Alabama health care providers were forced to stop providing crucial information, counseling, and practical support to Alabamians seeking to exercise their constitutional right to travel and obtain legal abortion care outside Alabama. Abortion was outlawed in Alabama in 2022 after the Supreme Court overturned Roe v. Wade, so the ability to safely access out-of-state abortion is critical for patients in Alabama seeking that care. As a result of today’s decision, local health care providers are once again able to share information about and recommendations for specific, trusted out-of-state abortion providers, as well as financial and practical support resources, and can directly assist pregnant people in traveling across state lines, without the threat of criminal prosecution. Statement from Robin Marty, executive director, West Alabama Women’s Center: “We are thrilled that, with the court’s decision today, we are once again able to inform our patients and other pregnant Alabamians about where and how to safely obtain legal, time-sensitive abortion care outside of Alabama, and to point them towards resources that can help them in traveling across state lines to access that care. Health care providers should be able to support their patients in accessing all of their legally available medical care options without undue political interference, and certainly without the threat of criminal prosecution. While there’s still a long way to go in making that a reality in Alabama, today’s ruling is a step in the right direction.” Statement from Dr. Yashica Robinson, medical director, Alabama Women’s Center: “As medical professionals, we have an obligation to ensure that our patients have the information and support they need in order to make and effectuate their own decisions about their health, their bodies and their pregnancies, including the decision to have an abortion. The notion of criminalizing us for providing this vital information and support to our patients is not just ludicrous but counter to everything a patient expects from their health care provider. We are relieved that, with today’s ruling, we will once again be able to provide our patients and the communities we serve with the assistance that we feel ethically obligated to provide, without the threat of being thrown in jail for doing so.” Statement from Meagan Burrows, senior staff attorney with the ACLU Reproductive Freedom Project: “We are pleased that the court has put a stop to Attorney General Marshall’s attempt to prevent pregnant Alabamians from accessing the legal, out-of-state abortion care they need. The court’s decision today should send a strong message to any and all anti-abortion politicians who are considering similar efforts to muzzle health care providers or penalize those who assist others in crossing state lines to obtain legal abortion: such attacks on free speech and the fundamental right to travel fly in the face of the Constitution and cannot stand.” Statement from Alison Mollman, legal director, ACLU of Alabama: “The court’s decision today allows health care providers and others to resume providing vital information and assistance to those seeking to travel across state lines to access legal abortion care. This decision is certainly a win, but the fact of the matter is that abortion remains out of reach for Alabamians who are often unable to jump through the logistical hoops necessary to take time away from their jobs and families and make the often lengthy and expensive trip out of state for abortion. In a state like Alabama, which has one of the highest maternal mortality rates in the nation, the inability to access this often life-saving care can have grave consequences. While we breathe a sigh of relief today, we won’t stop fighting until true reproductive freedom for every Alabamian is secured.” This information and direct support are essential for those who need to travel to access abortion care. Indeed, without such assistance, pregnant people living in states that have banned abortion, like Alabama, will be significantly delayed in finding and accessing safe out-of-state abortion care, and potentially even forced to give birth against their will. This could have deadly consequences for Alabamians as a state that has one of the highest maternal mortality rates in the nation. The lawsuit, West Alabama Women’s Center, et al. v. Marshall, et al., was filed in the U.S. District Court for the Middle District of Alabama in Montgomery by the American Civil Liberties Union and the ACLU of Alabama on behalf of West Alabama Women’s Center, Dr. Yashica Robinson, and Alabama Women’s Center. A similar case was filed in federal court by the Lawyering Project on behalf of the Yellowhammer Fund. The cases were consolidated and decided together.

PHOENIX — Today, a Maricopa County Superior Court judge permanently blocked the state’s ban on abortion after 15 weeks of pregnancy. The case, filed in Maricopa County Superior Court, asserts that the ban is unconstitutional because it denies Arizonans’ access to abortion care in violation of the state’s 2024 constitutional amendment protecting the fundamental right to abortion. The ruling permanently blocks this ban, which Attorney General Kris Mayes agreed not to enforce under a December stipulation in which both the State and abortion providers agreed that the ban is unconstitutional. The stipulation allowed doctors across the state to begin providing care after 15 weeks of pregnancy shortly after Proposition 139, the Arizona Abortion Access Act, was certified and added to the state constitution. The Arizona Abortion Access Act (Proposition 139) restored Arizonans’ right to control their own bodies and medical decisions, enshrining the right to abortion into the state constitution. It was overwhelmingly approved by voters, who declared that politicians have no place in Arizonans’ reproductive health decisions. The case was brought by Dr. Eric M. Reuss, M.D., M.P.H., Dr. Paul A. Isaacson, M.D., and Planned Parenthood Arizona, Inc., represented by the American Civil Liberties Union, the ACLU of Arizona, Planned Parenthood Federation of America, the Center for Reproductive Rights, and Perkins Coie LLP. Statement from Dr. Eric M. Reuss, M.D., M.P.H., obstetrician and gynecologist, Scottsdale Obstetrics & Gynecology, P.C.: “We’re relieved that Arizona’s harmful abortion ban has been permanently blocked. For two years, I’ve seen firsthand how our state’s abortion ban has harmed my patients, with countless lives and futures changed because politicians thought their views of the right health care was more important than pregnant people and their medical providers. What we owe Arizonans is top-quality health care, full stop – not forcing them to wait for severe pregnancy complications to get worse before they can get care. Today’s decision will help pave the way for a future in which all Arizonans have access to the fundamental care they need.” Statement from Dr. Paul Isaacson, M.D., obstetrician and gynecologist, Family Planning Associates Medical Group: “For nearly three years, my hands were tied because of this cruel ban. It is a relief to no longer have to turn away patients from essential health care. All Arizonans deserve to make their own health care decisions with their doctors, without political interference. I will continue to provide the full spectrum of reproductive health care my patients need for their health and their futures – including abortion.” Statement from Dr. Misha Pangasa, physician, Planned Parenthood Arizona: “This is a huge moment for Arizonans, who voted to enshrine abortion access in the state constitution by passing Proposition 139 to stop the government from interfering in people’s health decisions. As an OBGYN who provides comprehensive reproductive healthcare, including abortion care, I firmly believe that people should be able to get care in their own communities, in a manner that is best for them, with the people they trust. This is why we at Planned Parenthood Arizona have been fighting tirelessly for the health and rights of our patients and we are proud to now be serving our community by providing abortion care beyond 15 weeks of pregnancy. Statement from Rebecca Chan, staff attorney, ACLU Reproductive Freedom Project: “Arizonans made it crystal clear that reproductive freedom is a core value in their state by passing Prop 139 in November, establishing a fundamental constitutional right to abortion. While this was a monumental win for the health and rights of people across the state, it was just the first step. While we celebrate today’s court order blocking Arizona’s abortion ban, we know that Arizonans will still need to navigate barriers to care that are medically unnecessary and undermine the will of the people.” Statement from Lauren Beall, staff attorney, ACLU of Arizona: “Today’s ruling to permanently block Arizona’s 15-week ban is an important milestone to protect access to abortion in Arizona. Arizonans made it clear that politicians have no business interfering with private medical decisions related to pregnancy and abortion care when they voted to enshrine the right to abortion in the state constitution. We are committed to working with providers and partners to ensure that all of Arizona’s laws fall in line with the will of the people.” Statement from Alexis McGill Johnson, president and CEO, Planned Parenthood Federation of America: “Today’s ruling demonstrates the power of direct democracy to create real, lasting changes for abortion access. With their vote on Proposition 139, Arizonans rejected the state’s abortion ban, saying decisively that the only people qualified to make pregnancy decisions are patients and their health care providers, not politicians. By permanently voiding the state’s 15-week abortion ban, this court brought Arizonans closer to achieving reproductive freedom for every person. Planned Parenthood Federation of America and our partners will continue our work to ensure that the promise of Proposition 139 is fulfilled.” Statement from Nancy Northup, president and CEO, Center for Reproductive Rights: “Today’s ruling is a people’s victory. Arizona voters made clear in November that they want their fundamental reproductive rights protected, including abortion access. This is democracy at work. Patients and providers can finally move forward without the lingering threat of this unjust ban. But barriers to abortion access in Arizona remain. Burdensome and pointless requirements leveled at abortion providers and mandatory waiting periods for patients continue to undermine the voters’ will. We will keep fighting to ensure that Arizonans get all the freedoms they voted for and rightfully expect.”

WASHINGTON – The Department of Justice (DOJ) intends to dismiss its challenge to Idaho’s ban on emergency abortion care, Idaho and Moyle, et al. v. United States, demonstrating that it will no longer fight to protect the health and lives of pregnant patients. According to a court filing today, DOJ sent counsel for St. Luke’s hospital, Idaho’s largest hospital system, an email informing them of their intent to dismiss the case as early as Wednesday, March 5. Because there is currently a preliminary injunction in place in DOJ’s case protecting doctors’ and hospitals’ ability to provide emergency care in Idaho, dismissal of that case will leave the health and lives of pregnant Idahoans hanging in the balance. In response, St. Luke’s today sought a temporary restraining order to protect their ability to provide pregnant patients necessary emergency care. Statement from Deirdre Schifeling, chief political and advocacy officer, American Civil Liberties Union: “The Trump administration has made clear they would let women die rather than get an abortion. In dropping the case, the administration sanctions preventing doctors from providing emergency medical care to patients that is necessary to save their lives and health. On the campaign trail, President Trump repeatedly promised not to interfere with women’s ability to access abortion and patients’ ability to get the care they need. His failure to keep that promise, six weeks into his administration, goes against the will of the vast majority of people in this country who want and expect their loved ones to be able to get the care they need at a hospital. This should not be a political issue at all, yet President Trump has sided with a radical fringe position that would put doctors who act to save the lives of their patients in jail and supports letting women die rather than access abortion. Make no mistake — women may die because of these actions, and President Trump will be directly responsible. “For 40 years, across presidential administrations, the federal government has protected the right of all people to emergency care, including abortions. Today, President Trump has abandoned pregnant patients, and his campaign promises to voters. The ACLU will continue to fight at the ballot box, in the courts, and in the streets across the nation to guarantee the fundamental rights of all Americans, including accessing emergency medical care.” Today’s revelation comes in connection with a challenge brought by DOJ in August 2022 to Idaho’s abortion ban, arguing that EMTALA — a nearly 40-year-old federal statute that requires hospitals that receive Medicare funds to provide emergency stabilizing treatment to any patient who needs it — prevents Idaho from enforcing its abortion ban to prohibit emergency abortions. Because of DOJ’s challenge, a federal court issued a preliminary injunction blocking Idaho from putting doctors in jail for providing pregnant patients emergency care. That injunction was subsequently lifted in January 2024, and then restored in June 2024, by the Supreme Court. During those six months that the injunction was not in effect, the consequences were devastating: hospitals were forced to either airlift their patients out of state or wait for their conditions to worsen before doctors could step in to provide critical care to save their patients’ health and lives.

ANNAPOLIS, Md. – The Maryland Supreme Court issued a ruling this week in the case Moira Akers v. State, overturning Moira Akers’ conviction on the grounds of inadmissible evidence. Moira suffered a traumatic stillbirth only to be charged with murder and sentenced to 30 years in prison. Despite the fact that abortion is legal in Maryland, prosecutors used her internet search history, in which she researched pregnancy termination options, and lack of prenatal care as evidence that she intended to commit a crime. By effectively criminalizing Moira’s ability to even contemplate an abortion, prosecutors undermined state law guaranteeing her right to make her own reproductive decisions. The court found that this improperly admitted evidence was irrelevant as a matter of law because Moira’s consideration of abortion and lack of prenatal care bore no logical connection to whether she would cause harm to a person. Accordingly, the court reversed Moira’s convictions. Statement from David Rocah, senior staff attorney, ACLU of Maryland: “The Maryland Supreme Court’s ruling overturning this wrongful conviction and striking evidence of Moira’s attempt to inform herself about her options during her pregnancy is a victory for both Moira Akers and the people of Maryland, who affirmed the state constitutional right to an abortion at the ballot box just last year. This ruling should serve as a cautionary tale that even states that safeguard abortion are not immune to unjust prosecutorial threats.” Statement from Lauren Johnson, director of the Abortion Criminal Defense Initiative at the American Civil Liberties Union: “We’re glad the court set this important precedent for abortion rights in Maryland and reversed Moira’s conviction. It was the right decision, though Moira should have never been put in this position by the state. This ruling should serve as a reminder that even states that have safeguarded abortion are not immune to unjust prosecutorial threats. It’s crucial that we stay vigilant. We must continue to fight back against the harm that the state inflicts against pregnant people. The ACLU remains committed to fighting for reproductive freedom across our country.”