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Fighting for Reproductive Rights and Access to Abortion

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Fighting for Reproductive Rights and Access to Abortion FIGHTING FOR REPRODUCTIVE RIGHTS AND ACCESS TO ABORTION In the past decade, state and federal attacks on reproductive rights have increased significantly. Despite this, Democratic Attorneys General (AGs) have countered these destructive laws and policies by fighting back in the courts. Roe v. Wade guarantees the right to safe and legal abortions. To ensure that that fundamental right is preserved, Democratic AGs have repeatedly supported efforts to protect meaningful access to abortion and safe reproductive healthcare. A recent NPR/PBS NewsHour/Marist polli shows that 77 percent of Americans support preserving Roe. In fact, 53 percent of Americans say they would “definitely not” vote for a candidate who would appoint Supreme Court justices who would limit or overturn Roe. Even with a partisan divide, additional polling shows that 50 percent of Republicans do not want to see Roe overturned. Standing aligned with the majority of Americans, Democratic AGs are fighting to preserve access to reproductive healthcare and safe abortions. Below are a few highlights of the actions Democratic AGs have taken on reproductive rights and abortion access: Protecting Abortion Access and Autonomy ✓ A coalition of 20 AGs led by New York Attorney General Letitia James stopped efforts by the Trump Administration to allow healthcare providers the ability to refuse lawful medical care to patients based on religious or moral grounds.ii Washington Attorney General Bob Ferguson secured a similar ruling to block the Trump Administration’s “conscience rule.” Injunctive relief from these two suits are currently providing patients across the country protections from discriminatory practices.iii California Attorney General Xavier Becerra has also brought a separate suit against the Trump Administration on this issue and has sought a preliminary injunction against the rule.iv ✓ A coalition of 16 AGs led by Illinois Attorney General Kwame Raoul filed an amicus brief in Whole Woman’s Health Alliance v. Hill, a case that was filed after Alliance was unable to secure a license for a medication abortion clinic.v This case is pending in the U.S. Court of Appeals for the Seventh Circuit. ✓ A coalition of 22 AGs led by California Attorney General Xavier Becerra filed an amicus brief in Jackson Women’s Health Organization, et al. v. State Health Officer of the Mississippi Department of Health, et al., which was filed by Mississippi’s only abortion clinic after the state prohibited doctors from providing abortion services after 15 weeks of pregnancy. This case is pending in the U.S. Court of Appeals for the Fifth Circuit. ✓ A coalition of 21 AGs led by Nevada Attorney General Aaron Ford filed an amicus brief in EMW Women’s Surgical Center, P.S.C., et al. v. Meier, asking the U.S. Court of Appeals for the Sixth Circuit to affirm a lower court’s finding that a Kentucky law regulating reproductive healthcare services is unconstitutional under the 14th Amendment of the U.S. Constitution.vi Kentucky Attorney General Andy Beshear separately submitted an amicus brief in support of EMW Women’s Surgical Center on behalf of the state.vii This case is pending in the U.S. Court of Appeals for the Sixth Circuit. ✓ Democratic AGs took several actions to advocate for a detained immigrant minor’s rights to end a pregnancy, including a coalition of 19 AGs led by New York State’s Attorney General who filed an amicus brief in Garza v. Azar. The immigrant minor was ultimately granted access to an abortion. ✓ A coalition of 16 AGs led by California Attorney General Xavier Becerra filed an amicus brief in Hopkins v. Jegley, a case brought against an Arkansas state law that imposed serious restrictions on abortion providers. This case is pending in the U.S. Court of Appeals for the Eighth Circuit. Fighting to Keep Contraceptives Affordable ✓ Pennsylvania Attorney General Josh Shapiro and New Jersey Attorney General Gurbir Grewal secured an injunction in Pennsylvania v. Trump against efforts to eliminate employer provided birth control coverage as required under the Affordable Care Act.viii A coalition of 14 AGs led by California Attorney General Xavier Becerra also secured initial injunctions California v. Azar blocking the same proposals.ix These injunctions are in place today. Standing with Reproductive Access Providers ✓ In conjunction with a historic lawsuit filed by the American Medical Association and Planned Parenthood over the Trump Administration’s efforts to limit Title X funding, a coalition of 21 AGs led by Oregon Attorney General Ellen Rosenblum filed a lawsuit against the Administration in Oregon v. Azar and secured an initial injunction.x Additionally, California Attorney Xavier Becerra secured an initial injunction in California v. Azarxi and Washington Attorney General Bob Ferguson secured an injunction in Washington v. Azar,xii both injunctions temporarily blocking the Trump Administration from applying its gag rule to Title X clinics and providers. These case are ongoing. ✓ A coalition of 21 AGs led by Pennsylvania Attorney General Josh Shapiro filed an amicus brief in Planned Parenthood v. Azar supporting Planned Parenthood’s challenge to significant funding requirement changes to the federal Teen Pregnancy Prevention Program.xiii The U.S. District Court for the Southern District of N.Y. ruled in favor of Planned Parenthood. ✓ A coalition of 18 AGs led by New York State’s Attorney General filed an amicus brief in Planned Parenthood v. Himes, which challenged an Ohio law that proposed defunding abortion providers. The U.S. Court of Appeals for the Sixth Circuit (en banc) reversed an earlier ruling siding with Planned Parenthood. The Trump Administration’s attacks on reproductive rights have had serious consequences for low-income Americans, including the Administration’s recent efforts to limit Title X funding, its support for policies that restrict autonomy, and its push for programs and initiatives that limit, and in some cases outright remove, vital access to abortion. Democratic AGs remain on the frontline of this fight to ensure that the fundamental right to abortion is protected. i Domenico Montanaro, Poll: Majority Want To Keep Abortion Legal, But They Also Want Restrictions, NPR (June 7, 2019 5:00 AM), https://www.npr.org/2019/06/07/730183531/poll-majority-want-to-keep-abortion-legal-but-they-also-want-restrictions ii Press Release, New York State Office of the Attorney General, Attorney General James' Statement On Win In Refusal Of Care Lawsuit (Nov. 6, 2019), https://ag.ny.gov/press- release/2019/attorney-general-james-statement-win-refusal-care-lawsuit iii Press Release, Washington State Office of the Attorney General, Spokane Federal Judge Agrees with AG Ferguson, Strikes Down Unlawful Trump ‘Conscience Rule’ (Nov. 7, 2019), https://www.atg.wa.gov/news/news-releases/spokane-federal-judge-agrees-ag-ferguson-strikes-down-unlawful-trump-conscience iv Press Release, State of California Department of Justice Office of the Attorney General, Attorney General Becerra Seeks Preliminary Injunction to Stop Trump Administration’s Harmful “Healthcare Refusal Rule” (June 4, 2019), https://oag.ca.gov/news/press-releases/attorney-general-becerra-seeks-preliminary-injunction-stop-trump-administration v Press Release, Office of the Attorney General, Attorney General Raoul Files Brief to Protect Women’s Rights to Safe Abortion Services (Aug. 22, 2019), http://www.illinoisattorneygeneral.gov/pressroom/2019_08/20190822.html vi Press Release, Office of the Attorney General, Attorney General Ford Leads Multi-State Amicus Brief Protecting Women’s Access to Reproductive Healthcare Services (Apr. 4, 2019), http://ag.nv.gov/News/PR/2019/Attorney_General_Ford_Leads_Multi- State_Amicus_Brief_Protecting_Women%E2%80%99s_Access_to_Reproductive_Healthcare_Services/ vii Brief of Kentucky as Amicus Curiae in Support of Appellees, No. 19-2051 (6th Cir. Apr. 3, 2019) viii Press Release, Office of the Attorney General, Attorney General Josh Shapiro Wins Nationwide Injunction Protecting Women’s Access to Contraception (Jan. 14, 2019), https://www.attorneygeneral.gov/taking-action/press-releases/attorney-general-josh-shapiro-wins-nationwide-injunction-protecting-womens-access-to-contraception/ ix Press Release, State of California Department of Justice Office of the Attorney General, Attorney General Becerra and Coalition of Attorneys General Defeat Trump Administration Again in Court Protecting Women’s Access to Birth Control (Oct. 22, 2019), https://oag.ca.gov/news/press-releases/attorney-general-becerra-and-coalition- attorneys-general-defeat-trump x Press Release, Oregon Department of Justice, Oregon Leads National Lawsuit Challenging New Title X “Gag Rule” (Mar. 4, 2019), https://www.doj.state.or.us/media- home/news-media-releases/oregon-leads-national-lawsuit-challenging-new-title-x-gag-rule/ xi Press Release, State of California Department of Justice Office of the Attorney General, Attorney General Becerra Obtains Preliminary Injunction Protecting California’s Title X Program (Apr. 26, 2019), https://oag.ca.gov/news/press-releases/attorney-general-becerra-obtains-preliminary-injunction-protecting-california%E2%80%99s xii Press Release, Office of the Governor, UPDATED: Statements from Inslee and AG Ferguson regarding judge's national injunction ruling on Trump’s Title X ‘gag rule’ (Apr. 25, 2019), https://www.governor.wa.gov/news-media/updated-statements-inslee-and-ag-ferguson-regarding-judges-national-injunction-ruling xiii Press Release, Office of the Attorney General, Attorney General Shapiro Leads Coalition of 21 Attorneys General in Defense of Evidence-Based Teen Pregnancy Prevention Program (Mar. 19, 2019), https://www.attorneygeneral.gov/taking-action/press-releases/attorney-general-shapiro-leads-coalition-of-21-attorneys-general-in-defense-of- evidence-based-teen-pregnancy-prevention-program/ .
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