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Morning Briefing

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Tuesday, Dec 5 2023

Full Issue

Arizona Judge Recuses Himself From Case Impacting Future Of Abortion

The Arizona Supreme Court judge who once accused Planned Parenthood of committing genocide has stepped away from an upcoming case on abortion law. Separately, Democrats see the case as pivotal in the state's Senate race. Other abortion news is from California, Ohio, Wyoming, and elsewhere.

An Arizona Supreme Court judge who once accused Planned Parenthood of committing genocide has agreed to recuse himself from a case involving the organization that will determine the future legality of abortion in the state. (Gomez and Mirror, 12/4)

Arizona鈥檚 Senate race may be the next contest for Democrats where abortion plays a decisive role. As the party looks to hold onto its slim majority in the upper chamber, it is leaning into an abortion rights platform, which helped it聽score numerous聽victories over the past year聽in red and purple states.聽Rep. Ruben Gallego (D-Ariz.), who鈥檚 running for Sen. Kyrsten Sinema鈥檚 (I-Ariz.) seat, is already targeting Republican candidate Kari Lake鈥檚 past comments on the issue. The contest comes amid a larger fight over the issue in the Grand Canyon State, as abortion rights advocates are looking to secure a ballot measure enshrining abortion rights in the state constitution. (Vakil, 12/4)

Abortion news from California, Ohio, West Virginia, Wyoming, and Kentucky 鈥

Planned Parenthood filed a formal complaint against the city of Fontana for allegedly blocking abortion access, which recently became a right protected by the California Constitution.聽"We did not want to be among the first organizations to file a lawsuit alleging violation of Californians' constitutional rights under Proposition 1," regional president Jon Dunn said. "However, we have chosen to defend the rights of our community members against the city of Fontana, due to their deliberate actions to actively deny their community access to healthcare services." (Rodriguez, 12/4)

A federal judge in Ohio has denied a group of anti-abortion advocates the ability to weigh in on long-running litigation over abortion clinic transfer agreements, as he assesses the impacts on the case of an abortion-rights amendment approved by voters this fall. In a brief order issued Monday, U.S. District Judge Michael R. Barrett said he rejected the advocates鈥 request to file a friend of the court brief because they 鈥渨ill not be of assistance in resolving or clarifying a question of law.鈥 (Smyth, 12/4)

Democrats in the General Assembly are poised to take their first step toward enshrining a right to abortion in the state constitution. What's happening: When lawmakers convene next month, they'll consider a constitutional amendment establishing a "fundamental right to reproductive freedom." Yes, but: There's ongoing debate about what it would actually do if passed. (Oliver, 12/5)

This fall, access to women鈥檚 health care in Jackson got a jolt. Three-decade institution, the Women鈥檚 Health and Family Care clinic, announced it鈥檚 closing later this month, citing rising costs as the region experiences a crisis of affordability. It鈥檚 the second women鈥檚 health center to close this year in Jackson, leaving just one major OB/GYN clinic left in town. Some doctors say they plan to resume services in the new year, but it leaves a gap 鈥 especially since the Women鈥檚 Health and Family Care clinic was also the only abortion provider for a large swath of the Mountain West. (Merzbach, 12/4)

Hadley Duvall鈥檚 ad about abortion rights helped Kentucky Gov. Andy Beshear win reelection 鈥 and she鈥檚 ready to campaign again in 2024. (Kitchener, 12/4)

Also 鈥

A federal law, known as the Emergency Medical Treatment and Labor Act (EMTALA), requires hospitals that accept Medicare funds to provide 鈥渟uch treatment as may be required to stabilize the medical condition鈥 of 鈥渁ny individual鈥 who arrives at the hospital鈥檚 ER with an 鈥渆mergency medical condition.鈥 ... Now we鈥檙e about to find out whether the Supreme Court will follow the text of EMTALA, in a pair of cases known as Idaho v. United States and Moyle v. United States. (Millhiser, 12/4)

The concept of fetal surgery captures the imagination when, from time to time, it makes the headlines. Few pregnant mothers will need the assistance of fetal medicine specialists; fewer still will need a fetal surgeon to save their children. But it can offer parents-to-be a sense of hope: In the appropriate circumstances, doctors may be able to help before the child is even born. Now, anti-abortion laws intended to protect the unborn may do the exact opposite by threatening this already-challenging field. (Francois I. Luks, Tippi Mackenzie and Thomas F. Tracy Jr., 12/5)

As attempts to restrict or outlaw abortion have failed after Roe v. Wade was overturned, Republicans increasingly favor a national policy, the 2023 American Family Survey shows. (Graham, 12/5)

This is part of the Morning Briefing, a summary of health policy coverage from major news organizations. Sign up for an email subscription.
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