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dobbs v jackson women s health organization
'MAGA Abortion Bans Kill Women': Pregnant Texas Teen Dead After Care Denied
"Make no mistake Donald Trump's abortion ban did this," said one reproductive rights leader. "We must stop him."
Nov 01, 2024
Nevaeh Crain would have turned 20 on Friday. Instead, she is yet another American woman killed by a Republican abortion ban.
After reporting on Amber Nicole Thurman and Candi Miller, who died because of a Georgia ban enacted in the wake of the U.S. Supreme Court reversingRoe v. Wade in 2022, ProPublica turned to Texas, sharing the stories of Josseli Barnica and Crain, who died at 18 years old last year, having endured a sepsis complication, the miscarriage of a daughter she planned to name Lillian, and delayed medical care.
"On the morning of their baby shower, October 28, 2023, Crain woke with a headache," ProPublica reported Friday. Soon vomiting with a fever, she sought care at two Texas hospitals a total of three times over 20 hours. As the outlet detailed: "On her third trip, a doctor insisted on two ultrasounds to 'confirm fetal demise' before moving her to intensive care. Hours later, Crain died."
As journalists Lizzie Presser and Kavitha Surana explained:
ProPublica condensed more than 800 pages of Crain's medical records into a four-page timeline in consultation with two maternal-fetal medicine specialists; reporters reviewed it with nine doctors, including researchers at prestigious universities, OB-GYNs who regularly handle miscarriages, and experts in emergency medicine and maternal health.
Some said the first ER missed warning signs of infection that deserved attention. All said that the doctor at the second hospital should never have sent Crain home when her signs of sepsis hadn't improved. And when she returned for the third time, all said there was no medical reason to make her wait for two ultrasounds before taking aggressive action to save her.
"This is how these restrictions kill women," said Dr. Dara Kass, a former regional director at the Department of Health and Human Services and an emergency room physician in New York. "It is never just one decision, it's never just one doctor, it's never just one nurse."
Crain and her mother, Candace Fails, "believed abortion was morally wrong," according to ProPublica. "The teen could only support it in the context of rape or life-threatening illness, she used to tell her mother. They didn't care whether the government banned it, just how their Christian faith guided their own actions."
Fails told the reporters that she still thought the doctors were obligated to do everything they could to save Crain, even if it meant losing the pregnancy, but they seemed more concerned with the fetal heartbeat. "I know it sounds selfish, and God knows I would rather have both of them, but if I had to choose," she said, "I would have chosen my daughter."
Although a federal law, the Emergency Medical Treatment and Labor Act (EMTALA), requires emergency departments that accept Medicare to provide patients with "necessary stabilizing treatment," which the Biden-Harris administration argues includes abortions, The Associated Pressrevealed in August that over 100 patients nationwide have been "turned away or negligently treated since 2022."
Republican officials in multiple states, including Texas Attorney General Ken Paxton, have fought against the Biden-Harris administration's interpretation of EMLATA, and last month the U.S. Supreme Court declined to review a lower court decision barring emergency abortions that violate Texas law.
ProPublica's reporting on Crain's death comes as early voting is underway for the November 5 elections. American voters are set to choose the next president—former Republican President Donald Trump or Democratic Vice President Kamala Harris—and which party controls each chamber of Congress.
Democrats have heavily campaigned on reproductive freedom, highlighting that Trump appointed three of the justices behind the 2022 Dobbs v. Jackson Women's Health Organization decision that ended nationwide abortion rights and he plans to vote against a Florida ballot measure that would outlaw pre-viability abortion bans in the state, where a six-week restriction is now in effect. In September, Harris, a former U.S. senator, endorsed eliminating the filibuster to codify Roe.
The GOP controls the U.S. House of Representatives but Senate Majority Leader Chuck Schumer (D-N.Y.) has held recent votes forcing Republicans to go on record against federal bills that would protect abortion care, birth control, and fertility treatments. Texas Congressman Colin Allred, the Democrat challenging U.S. Sen. Ted Cruz (R-Texas), took note of Crain's story on Friday.
"This is tragic. My heart goes out to Nevaeh's family," Allred said on social media. "Texas doctors can't do their jobs because of Ted Cruz's cruel abortion ban. Cruz even lobbied SCOTUS to allow states to ban life-saving emergency abortions. We can't afford six more years of Ted Cruz."
Others also responded to the new reporting by directing ire at anti-choice Republican officials working to restrict reproductive care.
"This latest story from ProPublica about Nevaeh Crain is gutting," said Cecile Richards, co-founder of Abortion in America and former president of Planned Parenthood. "She was a teenager who should be alive today, and isn't, because of Texas' abortion bans and refusal to provide lifesaving care even in a dire emergency."
Congresswoman Gwen Moore (D-Wis.)—who has publicly shared her own pre-Roe abortion story—declared that "MAGA abortion bans KILL WOMEN."
Center for American Progress' Alex Wall similarly said: "This is sickening. Nevaeh Crain should be alive today. Donald Trump's MAGA abortion bans are killing women."
Mini Timmaraju, president and CEO of Reproductive Freedom for All, which has endorsed Harris, stressed that "these Republican monsters in Texas fought the Biden-Harris administration efforts to protect women like Nevaeh and Josseli."
"There is a special place in hell for Ken Paxton," she continued, calling out the Texas attorney general. "Make no mistake Donald Trump's abortion ban did this. We must stop him."
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Post-Dobbs Infant Mortality Spike Shows 'We Must Restore Abortion Rights'
Rep. Pramila Jayapal called the findings "a direct result of Trump's right-wing Supreme Court and extreme MAGA abortion bans."
Oct 22, 2024
In yet another example of what's at stake in the November 5 elections, now just two weeks away, researchers revealed Monday that since the U.S. Supreme Court reversedRoe v. Wade in June 2022, babies have died at a higher rate across the country.
Responding to the findings on Tuesday, Congresswoman Pramila Jayapal (D-Wash.)—who has publicly shared her own abortion care story—took aim at Republican nominee Donald Trump, who as president appointed three of the justices behind the Dobbs v. Jackson Women's Health Organization ruling that unleashed a GOP attack on reproductive freedom nationwide.
"The U.S. has a higher infant mortality rate than before the Dobbs decision—a direct result of Trump’s right-wing Supreme Court and extreme MAGA abortion bans," Jayapal said on social media. "Another proof point that this was never about protecting life. We must restore abortion rights."
Research published in JAMA Pediatrics in June showed "increased infant mortality in Texas following passage of Senate Bill 8, banning abortion in early pregnancy," notes the new paper, published in the same journal. "The increase appeared pronounced among infants with congenital anomalies, potentially owing to frail fetuses more often being carried to term following the implementation of abortion restrictions."
"In the seven to 14 months after Roe v. Wade was overturned, we saw a 7% increase in infant mortality, and a 10% increase in those babies born with congenital anomalies."
Parvati Singh and Maria Gallo of Ohio State University decided to examine "whether national monthly trends in infant mortality exhibit similar patterns" following Dobbs. They found that "infant mortality was higher than expected, overall and among those with congenital anomalies, for several months after the Dobbs decision in the U.S."
Specifically, "in the seven to 14 months after Roe v. Wade was overturned, we saw a 7% increase in infant mortality, and a 10% increase in those babies born with congenital anomalies," said Singh, an assistant professor of epidemiology, in a statement.
More than 20 states currently have total abortion bans or limit care at various points during the first 18 weeks of pregnancy. Over the past two years, stories of pregnant people who have been denied emergency care or even died due to state restrictions have mounted.
Though some experts warned of such consequences back in 2022, Gallo said that "I'm not sure that people expected infant mortality rates to increase following Dobbs. It's not necessarily what people were thinking about. But when you restrict access to healthcare it can cause a broader impact on public health than can be foreseen."
"Will this continue past this time period? That's an open question," the epidemiology professor added. "It could be that, yes, it will because access is shut down in some states. But it also could be that eventually more state policymakers are seeing that this isn't what people in the state want and more will pass constitutional amendments to protect access."
Both the researchers behind this paper and the lead author of the Texas study, Johns Hopkins Bloomberg School of Public Health demographer and perinatal epidemiologist Alison Gemmill, pointed out that the infant mortality rates might have been even higher if the latest analysis focused on states where policies changed versus national trends.
"Prior to these abortion bans, people had the option to terminate if the fetus was found to have a severe congenital anomaly—we're talking about organs being outside of the body and other things that are very severe and not compatible with life," Gemmill told the Los Angeles Times. If patients in these positions are forced continue their pregnancies, she added, "those babies would die shortly after birth."
The Democratic nominee, Vice President Kamala Harris, and her allies warn that a Trump victory in November could result in a federal ban on abortion as well as restrictions on birth control and fertility treatments.
Although the Republican has tried to deflect criticism by claiming he supports leaving such decisions to states, that approach threatens the lives and rights of people living in GOP-controlled states. Given that Trump is also a well-documented liar, critics say his public promises to leave it up to the states doesn't mean he wouldn't sign a federal abortion ban if a Republican-held Congress put one on his desk.
Trump recently said he will vote against a Florida ballot measure that would strike down the state's six-week ban and prevent similar pre-viability prohibitions.
"Because of Donald Trump, millions of women across our nation are living under Trump abortion bans and lack access to critical reproductive healthcare," Harris said last week.
"Because of Donald Trump, doctors, and nurses face potential jail time for taking care of their patients," she continued. "And because of Donald Trump, women are facing horrific consequences to their health and lives—even death. Donald Trump is the architect of this healthcare crisis. He is 'proud' of overturning Roe v. Wade and if given the chance, he will make the crisis even worse in all 50 states. We will not let that happen."
In addition to choosing the next president, U.S. voters—some of whom are already casting ballots—will pick which party controls each chamber of Congress. Last month, Harris, a former senator, endorsed eliminating the Senate filibuster to codify Roe.
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Judge Strikes Down Georgia's Six-Week Abortion Ban in 'Absolutely Epic Ruling'
"Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy," Fulton County Judge Robert McBurney wrote in his decision.
Sep 30, 2024
Reproductive rights defenders cheered Monday's ruling by a Georgia judge striking down the state's six-week abortion ban as a violation of "a woman's right to control what happens to and within her body," a decision that means the medical procedure will be legal up to approximately 22 weeks of pregnancy.
Fulton County Judge Robert McBurney excoriated the LIFE Act, which was signed into law in 2019 by Republican Georgia Gov. Brian Kemp and prohibits abortion care after fetal cardiac activity can be detected. The so-called "fetal heartbeat" law—a medically misleading term—is applicable before many people even know they're pregnant.
Other states including Kentucky, Mississippi, and Ohio passed similar "heartbeat" laws in anticipation of the U.S. Supreme Court's reversal of Roe v. Wade, which occurred in 2022 when the tribunal's right-wing supermajority issued its Dobbs v. Jackson Women's Health Organization decision.
"Women are not some piece of collectively owned community property the disposition of which is decided by majority vote," McBurney wrote in his ruling. "Forcing a woman to carry an unwanted, not-yet-viable fetus to term violates her constitutional rights to liberty and privacy, even taking into consideration whatever bundle of rights the not-yet-viable fetus may have."
"It is not for a legislator, a judge, or a Commander from The Handmaid's Tale to tell these women what to do with their bodies during this period when the fetus cannot survive outside the womb any more so than society could—or should—force them to serve as a human tissue bank or to give up a kidney for the benefit of another," the judge said.
"It is generally men who promote and defend laws like the LIFE Act, the effect of which is to require only women—and, given the socio-economic and demographic evidence presented at trial, primarily poor women, which means in Georgia primarily Black and brown women—to engage in compulsory labor, i.e., the carrying of a pregnancy to term at the government's behest," McBurney added.
As Jessica Valenti noted on her Abortion, Every Day Substack, "the ruling comes just weeks after ProPublica's investigation into the deaths of two women killed by Georgia's abortion ban, Amber Nicole Thurman and Candi Miller.
As NBC Newsreported Monday:
The case stemmed from a lawsuit filed by SisterSong Women of Color Reproductive Justice Collective and other plaintiffs in 2019 soon after Kemp signed it into law. As it faced the legal challenge, in 2022, McBurney ruled that year that the law violated the U.S. Constitution in 2022 and struck it down. The Georgia Supreme Court, however, soon took up the case and allowed it to remain in effect. The case was sent back to McBurney, who found the law in violation of the state's constitution.
SisterSong Women of Color Reproductive Justice Collective executive director Monica Simpson said in a statement that Monday's ruling is "a significant step in the right direction towards achieving reproductive justice in Georgia."
"We are encouraged that a Georgia court has ruled for bodily autonomy," Simpson continued. "At the same time, we can't forget that every day the ban has been in place has been a day too long—and we have felt the dire consequences with the devastating and preventable deaths of Amber Nicole Thurman and Candi Miller."
"For years, Black women have sounded the alarm that abortion bans are deadly," she noted. "While true justice would mean Amber and Candi were still with us today, we will continue to demand accountability to ensure that their lives—and the lives of others who we have yet to learn of—were not lost in vain."
"We know that the fight continues as anti-abortion white supremacists will stop at nothing to control our bodies and attack our liberation," Simpson added. "We are ready for them and will never back down until we achieve reproductive justice: the human right to maintain personal bodily autonomy, the human right to have children, or not, and raise them in safe and sustainable communities."
Alice Wang, staff attorney at the Center for Reproductive Rights, said that McBurney "has rightfully struck down Georgia's six-week abortion ban as a flagrant violation of Georgia's longstanding and robust right to privacy, restoring access to abortion at a time when too many have been prevented from accessing this critical health care and from deciding what is best for their bodies, health, and family lives."
"For too long, the ban has caused a public health crisis, as evidenced by the testimony plaintiffs presented at trial and devastating stories recently reported about the preventable deaths of Candi Miller and Amber Nicole Thurman," she continued. "Today's ruling is a step toward ensuring that people can access and clinicians can provide critical healthcare without fear of criminalization or stigma."
"This victory demonstrates that when courts faithfully apply constitutional protections for bodily autonomy, laws that restrict access to abortion and force people to continue pregnancies against their will cannot stand," Wang added.
Since the Dobbs ruling, 13 states have passed abortion bans with limited exceptions and 28 states have prohibited the procedure based on gestational duration, according to the Guttmacher Institute.
However, there has been tremendous nationwide pushback against abortion bans, with voters opting to uphold reproductive rights every time the issue appears on state ballots—including in conservative Kansas, Kentucky, Montana, and Ohio.
As many as 10 states could have abortion rights measures on the ballot in this November's election, which at the top of the ticket pits reproductive freedom champion and Democratic Vice President Kamala Harris against former Republican President Donald Trump, who has boasted about appointing three right-wing Supreme Court justices who voted to overturn Roe and who critics fear would sign a national abortion ban if one were passed by Congress.
Trump also said he would allow states to monitor people's pregnancies and prosecute anyone who violates an abortion ban.
Kemp's office slammed McBurney's ruling.
"Once again, the will of Georgians and their representatives have been overruled by the personal beliefs of one judge," Garrison Douglas, a spokesperson for the governor, said in a statement. "Protecting the lives of the most vulnerable among us is one of our most sacred responsibilities, and Georgia will continue to be a place where we fight for the lives of the unborn."
Republican Georgia Attorney General Chris Carr is expected to appeal to the state Supreme Court to block Monday's ruling.
"We are prepared to continue fighting this case regardless," the Center for Reproductive Rights vowed on social media, "and we will NOT back down from this fight."
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