Several states have enacted abortion bans, classifying the procedures as “non-essential surgeries” in response to the coronavirus outbreak. However, federal judges intervened on Monday, providing a crucial win for Planned Parenthood, various abortion providers, and women seeking to terminate their pregnancies.
In a series of lawsuits, clinics across the nation challenged these state-imposed restrictions, and judges in states like Texas, Alabama, and Ohio have sided with the plaintiffs—at least for the time being. Republican-led states argued that abortion services consume personal protective equipment (PPE) and hospital resources that are critically needed for combating the pandemic, where shortages of masks and medical supplies put healthcare workers at risk. Alabama Attorney General Mark Johnson explicitly stated that the state would not provide a “blanket exemption” for abortion clinics.
In Ohio, the courts deemed the mandates unconstitutional if they obstruct access to abortions, instructing clinics to evaluate each case individually to determine whether a procedure could be postponed in order to conserve medical resources. If an abortion is deemed urgent, it should proceed as a medically necessary operation.
U.S. District Judge Samuel Turner noted that “the Supreme Court has made it clear” regarding a woman’s right to abortion after discovering that one Texas provider, Family Health Services, had canceled over 150 appointments following the initial order. “Concerning a woman’s right to a pre-fetal-viability abortion, the Supreme Court has spoken clearly. An outright ban on such a procedure is impermissible,” Judge Turner stated.
Organizations like Planned Parenthood, the American Civil Liberties Union, and the Center for Reproductive Rights have filed lawsuits, contesting the bans as direct violations of Roe v. Wade. Following the Texas ruling, Sarah Adams, president of the Center for Reproductive Rights, remarked, “This ruling sends a strong message to other states: exploiting this pandemic to restrict abortion access is unconstitutional.”
In the face of these bans, judges in Iowa, Mississippi, and Oklahoma are expected to make rulings soon, while governors in those states seek to limit PPE supply unless the abortion is necessary to avert serious health risks to the mother. Alabama District Court Judge Myron Thompson pointed out that the state’s desire to enforce the March 27 order—a broad directive aimed at curbing social gatherings—does not outweigh the plaintiffs’ significant concerns. Similarly, Ohio District Court Judge Michael Barrett concluded that the state failed to convincingly demonstrate that the abortion ban would conserve sufficient resources to justify the “irreparable harm” it would impose on women.
For additional insights on this topic, check out this related post on our blog. For more authoritative resources on pregnancy and home insemination, visit Johns Hopkins Medicine and Salmon for Babies, which provide valuable information.
In summary, federal judges have temporarily halted abortion bans in several states amid the coronavirus pandemic, emphasizing the importance of access to reproductive healthcare and the constitutional protections afforded to women.