MEMO: Ahead of the State of the Union, State of Reproductive Rights in New England
For Immediate Release: March 6, 2024
As Congress convenes to hear from President Biden about the State of the Union this Thursday night, one issue that remains top of mind for New Englanders and all Americans is the state of reproductive rights.
With reproductive rights under severe threat in New England and beyond through state legislative threats and in a current US Supreme Court case, New Englanders are looking to President Biden to hear about his plans not just to defend reproductive rights but to expand them.
As a reminder, Michelle Cilley Foisy, who has shared her story of needing an abortion later in pregnancy, will be the State of the Union guest of Representative Kuster.
Here is the current state of reproductive rights in New England and beyond:
Access to Medication Abortion Hangs in the Balance at U.S. Supreme Court
Mifepristone, the first of two drugs used in medication abortion, has since been used by more than five million people in the U.S. to safely end their pregnancies, and is used in over half of all abortions in the United States. That number is even higher at Planned Parenthood of Northern New England where about 70% of abortion patients choose medication abortion. Note that this medication is used exclusively early in pregnancy (before 11 weeks, or 77 days after the last missed period).
For more than 20 years, medication abortion has been an essential option for patients, has enabled access to abortion care at times when a health center visit wasn’t an option, and has allowed patients to make private medical decisions. But two months ago, the U.S. Supreme Court announced that it will consider a court challenge to the Federal Drug Administration's approval of mifepristone, where oral arguments are scheduled for March 26, 2024.
If the Supreme Court decides to curtail access to mifepristone, abortion early in pregnancy could become restricted for New Englanders just like everyone else across the nation. This case’s repercussions could also extend far beyond abortion care — it could stifle medical innovation, upend the country’s drug approval process, and put every approved medication in the political crosshairs.
Until the Supreme Court issues a decision, Mifepristone continues to be available to patients seeking abortion care at Planned Parenthood of Northern New England health centers in Vermont, New Hampshire, and Maine, and through the telehealth program.
Last month, the New Hampshire House passed HCR 11 by a bipartisan vote of 196-151, reaffirming medication abortion access in New Hampshire. Additionally, the Senate passed SB 567, which directs the New Hampshire Department of Health and Human Services to compile a report on the availability of mifepristone and misoprostol.
Future of IVF Uncertain
Two weeks ago, the Alabama Supreme Court ruled that stored embryos are “children,” which has caused providers to pause IVF care in the state and raises concerns in other states with personhood laws.
This case and other similar state cases regarding “personhood laws”, could have massive implications for families across the nation - including here in New England – who are planning to use IVF and other assisted reproductive technologies to grow their families. No family should be denied the freedom to decide when and how to become parents.
There is currently one bill, SB 558, in the NH Legislature to expand IVF services. In 2019 New Hampshire passed SB 279, a bill to reduce inequity in accessing fertility care.
Idaho Law - Which Puts Women’s Lives at Risk - Could Have Far-Reaching Implications
The U.S. Supreme Court scheduled oral argument on April 24 in Moyle v. United States and Idaho v. United States. This case will address whether Idaho and states with similar laws can enforce their abortion bans in cases that conflict with a federal law, the Emergency Medical Treatment and Labor Act (“EMTALA”).
EMTALA requires hospital providers to offer stabilizing medical care to patients experiencing medical emergencies in hospital emergency rooms. But currently, Idaho’s strict abortion law can effectively prevent a hospital provider from providing an abortion to stabilize a patient experiencing a medical emergency in Idaho even when the EMTALA requires that care.
This case could have fatal implications for women across the country, including in New England, who need abortion care to save their lives.
New England Lawmakers Continue to Push for Extreme Abortion Bans
Every year extreme lawmakers introduce abortion bans in New England, but with Roe v. Wade gone, resulting in no federal protections for abortion rights, these bills are incredibly dangerous. This session in New Hampshire for example, lawmakers introduced a 15-day abortion ban which would have prohibited abortion before most people even know that they are pregnant. While most New England states have state or constitutional protections for abortion rights, New Hampshire is the only exception, making these efforts extremely dangerous.
New Englanders, who are known nationwide for their support for personal freedom and individual rights, are not immune from nationwide attacks on reproductive and abortion rights. While some protections exist in some states, these Supreme Court cases could still have serious and far-reaching implications for abortion access in New England and beyond.
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Planned Parenthood New Hampshire Action Fund (PPNHAF) is an independent, nonpartisan, not-for-profit organization formed as the advocacy and political arm of Planned Parenthood of Northern New England in New Hampshire. The Action Fund engages in educational and electoral activity, including voter education, grassroots organizing, and legislative advocacy.