By Rebekah Sager for the Michigan Independent.
Broadcast version by Chrystal Blair for Michigan News Connection reporting for the Michigan Independent-Public News Service Collaboration
The AP reported on Jan. 31 that a grand jury had indicted a doctor in New York on felony charges of criminal abortion for prescribing an abortion medication online for a patient in Louisiana.
The indictment was issued by a grand jury of the Louisiana 18th Judicial District Court for the Parish of West Baton Rouge against Dr. Margaret Carpenter, her New Paltz-based company Nightingale Medical, and the mother of the teen patient, who obtained and administered the medication. Arrest warrants were issued on Jan. 31 for Carpenter and the mother; the mother turned herself in to the police that day.
Louisiana law outlaws abortion completely, with exceptions for the life and health of the pregnant patient.
While 18th Judicial District Attorney Tony Clayton told the AP, "We expect Dr. Carpenter to come to Louisiana and answer to these charges, and if 12 people (a jury) think she's innocent then, let it go," New York's so-called shield law protects Carpenter from extradition, said Rachel Rebouché, the dean of Temple University Law School.
What are shield laws?
Eighteen states, including New York, have laws that protect medical providers from investigation, subpoenas, warrants, and demands for extradition from another state. New York's law says that the governor will not recognize such demands from another state as long as the provider was not physically located in that state when the procedure was carried out.
The law in eight of the 18 states - California, Colorado, Maine, Massachusetts, New York, Rhode Island, Vermont, and Washington - specifically protects reproductive health care, regardless of the patient's location.
What happens when a state's shield law is challenged?
Rebouché, who has worked closely with legislators and shield law advocates, said, "I think the long game is to stop mailed medication abortion, which is approved by the FDA as well."
"I think the consequences are, for the providers, I think there is a chilling effect," Rebouché continued. "No one wants to be indicted for a crime. No one wants to be sued for $100,000 and for Dr Carpenter, she can't go to Texas or Louisiana, she can't go to a state that might extradite her to one of those states."
Rebouché explained that in such cases of interstate conflict, each side has the right to pass its own laws. "Typically, states do cooperate," she said. "That's the baseline. But states have rights to also defend people in their jurisdictions."
"Maggie Carpenter is not breaking the law," Rebouché said. "She is complying entirely with New York law. Now, Texas and New York can disagree about what that means, but she, as a doctor, is not breaking the law. ... Almost half the country has got this through its legislature to protect people who are providing reproductive health care."
On Feb. 3, New York Democratic Gov. Kathy Hochul signed a law that gives doctors who prescribe abortion medication the right to ask that pharmacies only print the name of their medical practice on the prescription label and not the doctor's name.
"The intent of shield laws is to try to deflect attacks from out of state for providers in state through different levels, criminal, civil, professional discipline, insurance hikes," Rebouché said.
Officials in Louisiana continue to insist that they will prosecute Carpenter. "It is illegal to send abortion pills into this State and it's illegal to coerce another into having an abortion. I have said it before and I will say it again: We will hold individuals accountable for breaking the law," Louisiana Attorney General Liz Murrill said on the social media platform X.
Rebouché noted: "Louisiana can and has arrested her for what it claims is a violation of its abortion ban. It has to prove that in a criminal court. ... If Louisiana has prosecutors who are going to go after anybody who's helped somebody, that could have a significant chilling effect."
Rebekah Sager wrote this article for the Michigan Independent.
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Today marks the last day of Black Maternal Health Week, a nationally and internationally recognized observance that serves to build community collaboration around addressing the maternal health statistics for Black women.
Black women in the U.S. are more than three times more likely to die of a pregnancy-related cause than white women and are more than two times more likely to experience complications that negatively impact their health. The majority of them are preventable.
The weeklong campaign that serves to highlight these disparities was founded in 2018 by the Black Mamas Matter Alliance. Its executive director, Angela Aina, said while there have been great strides since the launch, more attention needs to be paid to the root causes of maternal morbidity and mortality.
"It really does point to how pervasive and how systemic and structural gendered racism and obstetric violence is very, very much seeped in our systems," she explained.
The rate of adverse outcomes for Black women in Wisconsin have increased significantly in the past decade. Across the state, they are more than 1.5 times more likely to experience adverse outcomes, and more than twice as likely to experience a pregnancy-related death.
In 2023, the overall maternal mortality rate in the U.S. decreased while rates for Black women slightly increased. The outcomes also impact infant health, with babies born to Black, American Indian and Alaska Native and Native Hawaiian and Pacific Islander women experiencing an increased mortality rates than those born to white people.
Aina said while Black Maternal Health Week amplifies the lived experiences of Black women, it does not exclude others.
"We want to see a change for those most impacted, those most vulnerable, those most at risk of these issues and these challenges - and that when we address it, has a ripple and domino effect for everybody else," she insisted.
Aina said such structural issues as housing, economics and maternity-care 'deserts' all play a role, and emphasized the need to increase midwifery care, the number of birth centers, and funding to community-based organizations to positively affect Black maternal-health outcomes.
"To really understand and value the lives of Black people, and the lives of Black women in particular, the lives of us all," she explained, "and the fact that we are all deserving of quality, comprehensive maternal and reproductive health care."
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By Jade Prévost-Manuel for Yes! Media.
Broadcast version by Farah Siddiqi for Ohio News Connection reporting for the Yes! Media-Public News Service Collaboration
Taylor Young has never wanted to be a mom. From the time the now 27-year-old began dating, she experienced persistent anxiety around the thought of getting pregnant in Ohio, a Republican-controlled state where Young felt her right to abortion was tenuous.
In 2018, she discovered the childfree subreddit, an online forum on Reddit for people who do not have children and do not want them. In that forum, she learned about bilateral salpingectomy, a procedure that removes both fallopian tubes and permanently prevents pregnancy.
"I was 19 or 20, and I knew I probably wouldn't be able to get it," says Young, who didn't meet the minimum age requirement to have a Medicaid-funded sterilization procedure at the time. "But it was something that was kind of in my back pocket."
In 2022, when a document suggesting the U.S. Supreme Court was likely going to overturn Roe v. Wade was leaked, Young, who now met the minimum age requirement, immediately made an appointment with her gynecologist for a bilateral salpingectomy.
After observing the mandatory one-month waiting period, Young received the procedure. "[I had felt like] an animal in a trap," she says. "But when I woke up from that surgery, it was just ... indescribable peace."
Young is one of many people of reproductive age whose health care decisions have been influenced by the overturning of Roe v. Wade, the fundamental ruling protecting the right to abortion in the United States.
In the years since, the rate of permanent sterilization procedures for people between 18 and 30 has jumped, particularly among female-born people. During the 2024 election, abortion rights were a key ballot issue and several states, including Maryland and Colorado, enshrined the right to abortion into their state constitutions.
Political promises to legalize abortion-a critical issue, but one topic in the much larger ecosystem of reproductive health care-have overlooked some of the discussions the country must have to improve reproductive rights for the millions of reproducing people in America. When we take a closer look at the quality of reproductive health care that most people receive, it's clear that simply restoring Roe v. Wade isn't enough.
"The populations with the best reproductive health care outcomes ... have all of [their] basic and human life needs met," says Dr. Regina Davis Moss, president and CEO of In Our Own Voice: National Black Women's Reproductive Justice Agenda, a group that amplifies Black voices to advocate for reproductive equity. "That is why we have some of the worst outcomes when we compare ourselves to other industrialized countries."
Pregnant people in the United States are more likely to die during pregnancy, childbirth, or postpartum than any other high-income nation, even though more than 80% of maternal deaths are preventable. The maternal death rate is double for Black women, who statistically are less likely to have access to high-quality medical care. On average, giving birth in the U.S. can cost more than $18,500.
Cost is a leading prohibitive factor for those who most need to access birth control, abortion, and other reproductive health care. But there are legal barriers to subsidizing reproductive health care services-such as the Hyde Amendment, which bans the use of federal funds for abortion with few exceptions-and in many counties, no one to provide them. An estimated one-third of American counties, for example, do not have a single birthing facility or obstetric clinician to deliver maternal care.
So, what might reproductive health care look like in a reimagined America that puts equity first? There's already a framework for it: reproductive justice, a critical feminist framework that advocates for the right to have children, the right not to have them, and the right to raise children in a safe environment.
A Quest for Overall Well-Being
In 1994, a group of Black women activists coined the term "reproductive justice" to achieve, as Loretta J. Ross writes, "the complete physical, mental, spiritual, political, social, and economic well-being of women and girls, based on the full achievement and protection of women's human rights."
While reproductive justice promotes equitable reproductive health care for everyone, the idea was born out of the struggles that people of color-particularly Black women-have faced in the United States since slavery, when they were forced to bear children to work on plantations.
The framework acknowledges that Black women face poorer reproductive health outcomes-and aims to do something about it. "The reproductive justice framework analyzes how the ability of any woman to determine her own reproductive destiny is linked directly to the conditions in her community-and these conditions are not just a matter of individual choice and access," Ross writes. "Reproductive justice addresses the social reality of inequality-specifically, the inequality of opportunities that we have to control our reproductive destiny."
There is a modern-day implicit bias in health care, says Davis Moss, that women as a whole can't be trusted to make their own decisions about their bodies. For example, Black women commonly report that health care providers are not offering them the full range of contraceptive options.
"The subjugation, the control, all that has happened ever since the country was born," says Davis Moss. "We've seen that happen over the years in our health care system, in segregated hospitals, all the way up to modern day in clinical care encounters."
Though Young's bilateral salpingectomy, which can cost thousands of dollars without insurance, was fully covered by Ohio Medicaid, cost remains a prohibitive factor for many people accessing reproductive health care in the United States.
Take contraception, for example. A 2022 KFF Women's Health Survey, which interviewed more than 5,000 female-born participants, looked at how cost influences contraceptive choice. Researchers found that a quarter of those surveyed with insurance had to pay at least part of their birth control costs out of pocket. "Any time you have to make a choice about day-to-day expenses and a copay... you know, living expenses, keeping food on the table... that is going to have an impact [on health]," says Davis Moss.
The survey also found that of those who were in their reproductive years, one in five women who were uninsured had to stop using a contraceptive method because they couldn't afford it. That data is supported by a Commonwealth Fund survey of women in several high-income nations, which found that women of reproductive age in the U.S. were the most likely to skip or delay necessary care due to cost.
Solutions for the Future
In 2023, In Our Own Voice and more than 50 other Black women's organizations published the Black Reproductive Policy Agenda, a playbook on how to improve reproductive justice for birthing people at the policy level.
The report makes more than a dozen policy recommendations that Davis Moss calls "proactive, comprehensive, and life-saving." Among them are making prescription birth control free, requiring states to provide maternity and newborn care for at least one year (the time frame in which most maternal deaths occur), and increasing access to doulas and midwives who advocate for patients.
Passing acts like the Equal Access to Abortion Coverage in Health Insurance Act would require the federal government to provide funding for abortion services. "That in and of itself directly impacts a large percentage of Black women of child-bearing age [who] are on Medicaid and Medicare," says Davis Moss.
For people struggling to pay for contraception, with or without health insurance, the cost of an in-person abortion-the median price is $600-is somewhat unthinkable. Medication abortion, however, can be cheaper and more accessible. Such is the promise of telehealth abortion, a virtual way to connect with a doctor, receive a prescription, and take abortion pills in a supportive environment.
Increasingly more women in the United States are finding themselves living in maternity care and reproductive health care deserts-areas where there is limited or nonexistent access to prenatal, postnatal, maternity, contraceptive, or abortion services. Telemedicine can provide a range of services for people living in these areas at a fraction of the cost-the median price of a telehealth medication abortion is $150.
"Telehealth does a lot to remove barriers to access to health care," says Dr. Ushma Upadhyay, a public health scientist at UC San Francisco who researches the impacts of telehealth abortion. "People who live in rural areas, young people, people who report facing food insecurity... in our research, they are the most likely to have said that telehealth enabled them to have an abortion."
But even with the advent of telehealth, both Upadhyay and Davis Moss say addressing racism is essential to establishing an equitable reproductive future. That's one of the reasons the Black Reproductive Policy Agenda recommends funding anti-Black racism programs as a part of its agenda.
"This is the reason those 12 Black women 30 years ago said 'You can't only focus on abortion,'" says Davis Moss. "It's impossible to have one without the other."
After getting a bilateral salpingectomy, Young feels relieved. Yet she still worries about what will happen with Medicaid and the Affordable Care Act-the resources she relies on to help her afford care for chronic health issues-under the Trump administration, and what that means for others seeking care.
"Thinking about if other women don't have access, that breaks my heart, and from the abortion side [...] it's too much to bear," she says, emotion tugging at her voice. "I feel relieved I got [the procedure] done when I did. I feel safe."
Jade Prévost-Manuel wrote this article for Yes! Media.
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With a few days left in the 2025 legislative session, Republican lawmakers pushed through a bill they say should reassure doctors they can rely on their medical judgment when treating pregnancy complications, despite the state's abortion ban.
But some Kentucky doctors said the wording of House Bill 90, in an effort to clarify the ban, is "junk language," which confuses them even more than current law.
Tamarra Weider, Kentucky state director for Planned Parenthood Alliance Advocates, said dozens of health care providers have signed onto a letter asking Gov. Andy Beshear to veto it.
"I think it's also important to note that House Bill 90 changes the definition of medical emergency in Kentucky law," Weider pointed out. "The current law gives providers the authority to make decisions in emergencies but this bill would allow judges to decide whether care was truly necessary."
Some Kentucky OB/GYNs said the state's abortion ban is forcing them to violate their oath as physicians and causing "devastating consequences" for patients. Two House Republicans brought forth the language, which was supported largely along party lines. Supporters said the bill will help save lives.
Weider noted physicians accused of violating Kentucky's abortion ban can be charged with a Class D felony and imprisoned, if convicted.
"I think that this is going to continue to chill doctors, continue to chill hospitals, and their lawyers and administrators," Weider emphasized. "Because it puts forward more confusion, more ambiguity."
The legislation said, "no action that requires separating a pregnant woman from her unborn child shall be performed, except the following, when performed by a physician based upon his or her reasonable medical judgment." Doctors said the use of "reasonable medical judgment" still does not protect providers from legal action.
This story is based on original reporting by Sarah Ladd for the Kentucky Lantern.
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