U.S. Repro Watch, August 23

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. Court denies request to ensure access to abortion drug in three states.

• Earlier this week a federal court in Virginia denied a request by the Center for Reproductive Rights for a preliminary injunction that would have protected access to mifepristone in Virginia, Montana, and Kansas. The Center’s request in Whole Woman’s Health Alliance v. FDA sought to buttress the current access to mifepristone in line with a decision issued by a Washington court applicable to 17 states and D.C. The case will proceed in the trial court.
• The ruling came days after a ruling in a separate case upheld in large part a Texas court’s ruling to reinstate significant restrictions on the drug.

2. A Nebraska court refused to block restrictions on abortion and gender-affirming care.

• A state court judge disagreed with plaintiffs that the law violates a state constitutional requirement that legislative bills be limited to a single subject, and dismissed the lawsuit.
• The August 11 decision means that the state’s 12-week abortion ban will remain in effect, while the ban on gender-affirming care for young people is scheduled to take effect in October.

3. Court clears the way for Ohio’s ballot measure to protect abortion.

• The Ohio Supreme Court unanimously threw out a lawsuit attempting to stop an abortion rights measure from appearing on the ballot in November. The ruling clears the way for voters to weigh in on a proposed amendment to enshrine abortion protections in the state constitution.

4. Florida imposes excessive fine on abortion clinic.

• In Florida, officials at the state’s Agency for Health Care Administration (AHCA) ordered an Orlando abortion clinic to pay an exorbitant fine of $193,000 for allegedly violating a mandatory 24-hour waiting period law—triple the fine suggested by a judge. “This is a local abortion provider that is being charged excessive fees by AHCA, all designed to shut them down,” commented state representative Anna Eskamani, who represents Orlando.

Polling shows that the majority of Americans—nearly 65%—oppose laws banning access to abortion medication medication. The PBS NewsHour/NPR/Marist poll showed that across almost all demographic groups, people do not support laws that prohibit access to such prescription medications. Despite the findings, anti-abortion advocates and lawmakers continue attempts to restrict access to medication abortion.

Sept. 8 @ 9 a.m. ET: Hearing on Florida’s 15-week abortion ban.

• The Florida Supreme Court will hear arguments over a 15-week abortion ban that was passed months before Roe v. Wade was overturned. The Center for Reproductive Rights and its partners filed a case challenging the law in June 2022.
• Earlier this year, Gov. Ron DeSantis also signed a six-week abortion ban into law that will be triggered if the Florida Supreme Court upholds the 15-week ban.