U.S. Repro Watch, February 26

U.S. Repro Watch provides periodic updates on news of interest on U.S. reproductive rights. Here are a few recent items you won’t want to miss.

1. Sepsis rates have soared among pregnant Texans due to the state’s extreme abortion ban.

• ProPublica reports in “Texas Banned Abortion. Then Sepsis Rates Soared” that the sepsis rate among women hospitalized for second-trimester pregnancy loss increased by over 50% after Texas banned abortion.
• Sepsis is a life-threatening condition that can lead to organ failure and death if not treated immediately. Without abortion care, people who experience PPROM and other pregnancy complications are at serious risk of infection and sepsis.
• Maternal health experts who reviewed ProPublica’s findings say they add to the evidence that the state’s abortion ban is leading to dangerous delays in care. Texas law threatens up to 99 years in prison for providing an abortion.

2. An Idaho lawmaker wants to charge abortion patients with murder.

• Idaho state senator Brandon Shippy introduced a bill to prosecute people who get abortions with homicide as well as other crimes.
• Five other states—Indiana, North Dakota, Oklahoma, South Carolina, and Texas—have also introduced bills to include homicide charges for pregnant people.
• Many of these states have the death penalty, which means abortion patients convicted of homicide could face capital punishment.

3. Months after voters approved abortion protections, Missouri clears the way for abortion care to resume for the first time since 2022.

• After a Missouri judge temporarily blocked licensing restrictions that made it nearly impossible for abortion clinics to operate, clinics have resumed abortion care in the state for the first time since June 2022, when the U.S. Supreme Court eliminated the constitutional right to abortion and Missouri’s trigger ban took effect.
• In November 2024, Missouri voters approved an amendment to their state constitution, which overturned the state’s total abortion ban.
• Despite the ruling—and the will of voters of Missouri—state lawmakers are introducing bills to overturn the amendment and reinstate restrictions on abortion.

4. One month of Trump 2.0: Amidst the chaos, attacks on reproductive health and rights.

• President Trump has already scrubbed abortion information from government websites, imposed global restrictions on abortion care, rescinded President Biden’s executive orders protecting reproductive health care, nominated a slew of anti-abortion extremists to his administration, and more.
• Learn about President Trump’s anti-repro appointees and harmful executive actions with the Center for Reproductive Rights’ web tool, Repro Red Flags: Agency Watch. 

5. Update on key Trump administration nominees:

• Robert F. Kennedy, Jr., confirmed as Secretary of Health and Human Services, will administer major federal agencies such as the Food and Drug Administration (FDA) and programs such as Title X and Medicaid. In his confirmation hearing, Kennedy promised to roll back abortion access.
• Dan Bishop, the nominee for Office of Management & Budget Deputy Director, is a vocal opponent of abortion who recently cosponsored a national abortion ban. His role would allow him to help make decisions about funding priorities—including funding fake abortion clinics designed to deter patients from having abortions.
• Harmeet Dhillon, the nominee for Assistant Attorney General for Civil Rights in the Department of Justice (DOJ), has called herself a “lawyer for the pro-life movement” and claimed that shield laws violate the Constitution. In her role, she could decide whether and how to enforce laws such as the Freedom of Access to Clinic Entrances (FACE) Act, which has protected abortion patients and providers. Dhillon’s initial committee hearing is February 26.
• Dean John Sauer, the nominee for the DOJ’s Solicitor General, has a long history of defending abortion restrictions. In his role, he will be responsible for representing the federal government before the Supreme Court. Sauer’s initial committee hearing is February 26.
• Aaron Reitz, the nominee for Assistant Attorney General for the DOJ’s Office of Legal Policy, is a vocal anti-abortion advocate who describes himself as “unequivocally pro-life.” In his role, he could recommend anti-abortion extremists for federal judgeships, which are lifetime appointments. Reitz’s initial committee hearing is February 26.

Anti-abortion extremists are trying to revive a Victorian-era law in an attempt to misuse it as a “backdoor” nationwide abortion ban.

• The 1873 law, called the Comstock Act, prohibits the use of the mail and common carriers to transport medications and obstetrical supplies used in abortion care—including supplies for any type of obstetrical care, including for miscarriages and dire pregnancy complications.
• The Comstock Act has long considered a “zombie law,” meaning it remained on the books but was not enforced. If enforced, the Act could effectively invalidate state laws, high court rulings, and even state constitutional amendments protecting abortion rights. Learn more from the Center’s Comstock Act FAQ.

March 5: Hearing on emergency abortion care under EMTALA in Idaho

• St. Luke’s, Idaho’s largest hospital system, sued Idaho last month, arguing that the state’s abortion ban prevents doctors from providing care in medical emergencies.
• St. Luke’s argues that under EMTALA—a federal law requiring hospitals to provide stabilizing care to all patients with emergency medical conditions—doctors should be allowed to provide emergency abortion care, regardless of the state ban.
• Idaho has one of the strictest abortion bans in the country. The lack of clarity and threat of prosecution under the ban has led to hospitals like St. Luke’s airlifting pregnant patients out of the state to save their lives.

March 25: Hearing on North Dakota’s abortion ban

• The Center filed a case challenging the ban in July 2022, shortly after it went into effect. A state court ruled the ban unconstitutional in September 2024.
• The case now heads to the North Dakota Supreme Court, which will hear arguments March 25 at 10 a.m.