Federal Judge Says Abortion Should Be Illegal Because He Likes Looking at Pregnant Women

Here’s another edition of Hard to Believe It’s Only Tuesday, a weekly roundup of the top headlines, tweets (for now!), toks, takes, and more in abortion news. You can always email me ([email protected]) or DM me on instagram with action items, takes, and news clips. This post is probably too long for email, so click on the links up there ^ above the headline to open in your browser or the Substack app. You don’t want to miss this week’s Good Night and Good Dunk!

PROGRAMMING NOTE: Here’s a short, five-question, multiple-choice-answer survey for HTBIOT readers about content and frequency! I’d love for y’all to let me know how you feel about these roundups and how I can make them better and more useful for you. Literally this will take like 90 seconds, max.

The big takeaway: The Fifth Circuit Court of Absolutely Fucking Meatballs Assholes issued a (not-in-effect) ruling in the Alliance Defending Freedom’s lawsuit attempting to compel the FDA to rescind approval for medication abortion. Nothing changes about mife’s availability now; everything stays the same until the Supreme Court weighs in next year.

The Top Headlines

• Must-reads on/around/about the mife ruling:

  • “Breaking: Federal appeals court limits access to the abortion pill” (Prism)

  • “Fifth Circuit rules for mifepristone limits, but drug remains available on current terms by SCOTUS order” (Law Dork by )

  • “Trump Judge’s Anti-Abortion Ruling Followed Payments From Group Leading Case” (The Lever)

  • In Hell World, writer Luke O’Neil takes on Trump-appointed judge James Ho’s “aesthetic injury” nonsense in which Ho argues that pregnant women are very hot and thus must be denied abortions: “Women are public parks in others words. Or pretty little birds. Or flowers that are lovely to look at when pregnant and in full bloom. And it would make certain people sad to not have that. You will be harming them if you deprive them of pregnancies to behold. A bountiful crop of full bellies stretching as far as the eye can see. Nature as it was meant to be.”

  • Repro legal scholar Mary Ziegler is in Slate with thoughts on what comes next for anti-abortion legal strategy in light the mife ruling: “Reimposing 2016 restrictions on mifepristone would have dramatic effects. But as Judge Ho’s opinion makes clear, mifepristone rules are just the beginning. If these plaintiffs have standing, it’s hard to see how conservatives raising other challenges to controversial drugs, such as those used in gender-affirming care or IVF, won’t be able to establish the same thing. And if the Comstock Act means what Judge Ho thinks it does, then a Republican president could seek to treat any abortion anywhere as a federal crime.”

• “Out-of-state abortion care is becoming the norm in the Southeast, but resources for travel are drying up” (Prism)

• “Woman climbed through clinic window to dodge antiabortion protesters” (WaPo) — A dispatch from the ongoing trial of anti-abortion protesters in Washington, D.C. charged with violating the Freedom of Access to CLinic Entrances Act.

• “Military families dragged into Senate battle over abortion politics” (Politico)

• “The Real Agenda of Moms for Liberty” (The Nation) — I missed this for last week’s newsletter, but it’s an important look at the way anti-abortion lobbyists are weaponizing “parents’ rights” to go even further.

• “Court backs anti-abortion protesters who cited Black Lives Matter demonstrations in First Amendment suit” (USA Today)

• “Democrats aren’t the only ones voting for abortion rights, Ohio shows” (NBC News)

• 👩🏽‍⚕️ What’s happening with abortion clinics and providers:

  • “Dispute over all-trimester abortion clinic puts California’s image as a haven to the test” (Los Angeles Times) — Here’s a Jezebel write-up if the LAT is paywalled for you.

  • “Indiana Blocked Abortion Provider Who Treated 10-Year-Old Rape Victim From Prestigious Award” (Jezebel)

  • “Even after Planned Parenthood stopped performing abortions, Texas is still trying to shut it down” (Texas Tribune)

  • “Abortion Clinic Near California-Arizona Border Burns Down, a Major Blow to Regional Access” (Jezebel)

  • “Orlando abortion clinic hit with $193K fine over waiting period law” (Orlando Weekly) — The outsized fine is expressly, intentionally punitive.

• 🇺🇸 What politicians and politicos on the national stage are doing and saying about abortion in advance of the ‘24 election:

  • “RFK Jr. says he’d sign a federal abortion ban at 3 months of pregnancy, then reverses course” (NBC News) — This fuckin’ guy.

  • “Pence signals debate plan to attack Trump, DeSantis for not pushing national abortion ban” (WPTV)

• ⚖️ What’s going on with abortion bans, legal challenges, and bills at the state and local levels:

  • 🟢 “[Nebraska] Abortion rights advocates lay groundwork for ballot initiative in 2024” (Nebraska Examiner)

  • 🟢 “Colorado Medical Board votes to make 'abortion reversal' unprofessional conduct” (Colorado Politics) — This is a huge deal in the fight to make “abortion reversal,” which is not a thing, a thing of the past.

  • 🟡 “Planned Parenthood appeals ruling that let Nebraska abortion ban stand” (ABC News)

The Takes

• It’s me in MSNBC this week on the State of Texas’s arguments against (you read that right!) fetal personhood in federal court: “Just two days after threatening pharmacies for putting ‘women’ and ‘unborn children’ in danger by distributing perfectly legal medication, Paxton contradicted in federal court not just everything he’d said that week about Texas’s deep and compelling interest in protecting life, but practically everything he’s ever said on the subject.”

• Apparently the “Sex and the City” reboot, “And Just Like That,” just did a real bad job on an abortion plot line that, in the year of our Aesthetic Injury 2023, managed to avoid using the word abortion at all. Repro researcher Steph Herold has a twitter thread, and Jezebel’s Kylie Cheung unpacks the mess.

• UCSF/ANSIRH repro researcher Ushma Upadhyay has published a new paper urging folks to make sure we’re using the right language to talk about abortion.

Roe: The History of a National Obsession by Mary Ziegler

Certainly nary a week and probably nary a day goes by that repro legal scholar Mary Ziegler is not in the news, either providing context and clarity for reporters or writing her own op-eds and commentaries. Ziegler has written a number of books on abortion, reproductive rights, and the law, and I’m pleased to be giving away a copy of her latest, Roe: The History of a National Obsession, to a lucky reader. Listen to Ziegler on NPR’s Fresh Air, or check out a review of History of a National Obsession in WaPo.

I’ll draw a winner’s name from my subscriber list at random next week. Stay tuned!

The Tweets/Toks/Grams

• There are so many ways to support abortion funds besides donating! Here’s an essential thread from the Texas Equal Access Fund.

• Repro legal scholar Mary Ziegler points out that reporters need to be pushing anti-abortion politicians to talk about the Comstock Act: “Leading abortion opponents argue that it is a de facto ban that is *already on the books.* Asking about hypothetical bans that will never pass is way less useful.”

• Here’s a thread from the DuPont Clinic on their efforts to provide abortion care in Beverly Hills, where their landlord recently canceled their lease after pressure from anti-abortion lobbyists.

The Fuck Are We Supposed to Do About It?

• 👕 SWAG OF THE WEEK! 👕

  • I love love love these vintage-styled “Abortion Forever No Matter What” designs from Abortion Care for Tennessee.

• 💸 Anywhere: Here’s the verified crowdfunding page for “Ashley,” the 13-year-old mother who was denied abortion care in Mississippi and profiled earlier this week TIME magazine.

• 🍺 Roanoke, VA: The New River Abortion Access Fund’s Brews for ‘Bortion event is Saturday, August 26th at Blindhouse Brewery.

• 💻 Online: Via the North Dakota WIN Abortion Fund, Prairie Action North Dakota is hosting an online webinar on safe self-managed abortion scheduled for Saturday, August 26th.

• 🍕 Chicago: Join this repro justice lunch-and-learn on abolition with the Chicago Abortion Fund on Sunday, August 27th.

• 💻 Online: Harvard’s “Abortion Politics Worldwide and the Future of Gender Equality” panel discussion is on Thursday, September 14.

• 📓 Missouri: Abortion Action Missouri is looking for policy and research interns (there’s a stipend!). Apply by Friday, September 15th.

• 🥂 St. Louis: Abortion Access Missouri’s annual gala is Friday, September 29.

• 🚗 Kentucky: The Kentucky Health Justice Network is looking for volunteer drivers and case managers.

• ⛰️ Southwestern Virginia and Appalachia: The New River Abortion Access Fund is looking for volunteers!

• 📱 North Texas: The Texas Equal Access Fund is looking for bilingual Spanish-speaking volunteers for their text line. Here’s where to sign up.

• 📥 Anywhere: Looking for a job in repro? ReproJobs can help you spruce up your resume!

• 🧑🏾‍⚕️ Anywhere, for medical residents training in abortion care: Obstetricians for Reproductive Justice and others will fund residents who need to travel out of state for abortion care training through December 2023 (or retroactively since July 1, 2022). Here’s how to apply.

• 🤠 Texas: Local teen-friendly businesses in in Bryan, College Station, Lubbock, or San Angelo can become pickup spots for repro kits assembled by Jane’s Due Process. Here’s the application form.

• 💸 From your wallet:

  • Donate to support the Austin Women’s Health Center and their essential repro health services, including miscarriage management and abortion referrals!

  • Donate to ensure Desert Star Family Planning in Phoenix can keep providing essential abortion care to folks in the Southwest!

  • Contribute to the Repro Worker Aid Fund (or apply to be a recipient!)

  • Donate $$ and pads to Just the Pill’s mobile clinic.

  • Donate to the Online Abortion Resource Squad, which supports the R/Abortion subreddit 24/7/365.

  • Donate to Elevated Access, which transports folks for abortion and gender-affirming care.

  • Find your local abortion fund and donate!

  • The Valley Abortion Group is a new all-trimester abortion facility fundraising to open in New Mexico — donate to the GoFundMe.

  • Buy something off the wishlist of an independent clinic, abortion fund, or clinic defense group, or donate to support abortion funds. This link distributes your donation to 90+ funds around the country. Or donate to support independent abortion providers!

• ✍️ Sign and share:

  • Anywhere: Use All Above All*’s form to tell your congressperson to support the Abortion Justice Act.

  • Anywhere: Sign this multi-org-backed petition demanding Google stop “collecting and retaining location data and aiding abortion prosecutors.”

  • Anywhere: sign the Fight for the Future petition to demand better digital safety and security on Slack!

  • Anywhere: Sign the RJ Response to Stop Cop City.

  • Anywhere: All Above All*’s petition to lift outdated restrictions on medication abortion.

  • Anywhere: UltraViolet’s petition calling on pharmacies to provide medication abortion access where it’s legal to do so.

• 📖 Anywhere, resources edition:

  • Abortion rights, access, and support:

    • Looking for a clinical abortion provider? AbortionFinder and INeedAnA are trustworthy and updated regularly.

    • Here’s the National Immigration Law Center’s know-your-rights-guide to abortion access for immigrants.

    • Abortions Welcome is a “pro-choice spiritual companion for use before, during, and after abortion.”

  • Research:

    • Dr. Autumn Asher BlackDeer’s report “Towards an Indigenous Reproductive Justice: Examining Attitudes on Abortion among American Indian and Alaska Native Communities.”

  • Communicating about abortion:

    • Physicians for Reproductive Health’s wide-ranging messaging guide covers all kinds of topics in repro and abortion care.

    • Who Not When’s guide to reporting on later abortion is just great.

    • Check out the “Pro Choice, But” campaign to better understand how to talk with folks who are, well, pro-choice … but.

    • Read this guide on using trans-inclusive language from ARC-Southeast and the Transgender Law Center.

    • REPRO Rising Virginia has a thorough guide-via-Twitter-thread to keeping your protest signs fresh.

  • Abortion and pregnancy criminalization:

    • The Repro Legal Defense Fund and the Community Justice Exchange have an extensive, attractive, and fact-filled guide to abortion criminalization in both English and Spanish.

    • Listen to the No Body Criminalized podcast

    • Read this solidarity + organizing brief from Interrupting Criminalization and a coalition of repro and anti-criminalization orgs.

  • Self-managed abortion:

    • This gorgeous slideshow from South Texans for Reproductive Justice!

    • Plan C Pills has published a self-managed abortion field guide in super fun, accessible zine form.

    • The Digital Defense Fund has a useful guide to keeping your abortion private and secure.

    • If/When/How’s Repro Legal Helpline guide to internet safety.

    • Check out the SMAZine from Urge and LiberalJane.

That’s all for this week. I’m sure I’ve missed something you’d like to see featured in this roundup, for I am but one woman with a computer and an abortion-news-induced drinking problem. Holler at me — [email protected], or DM me on Instagram, and I’ll try to add follow-ups as I’m able.