Author: Shefali Luthra, The 19th

Shefali Luthra covers the intersection of women and health care at the 19th. Prior to joining The 19th, she was a correspondent at Kaiser Health News, where she spent six years covering national health care and policy.

Here’s What the Biden Administration Can Do About Abortion Before Trump Takes Office

Though President-elect Donald Trump has waffled on how his administration might handle abortion policy, antiabortion activists are already exerting a pressure campaign for the incoming Trump administration to take a hardline approach and undo many of the policies set in place by the Biden administration.

Still, with two months left before Biden leaves office, there are some areas where legal scholars and attorneys suggest the outgoing administration could still take action, even if the impact may be narrow or short-lived.

Supreme Court of Georgia Rules to Reinstate the State’s Six-Week Abortion Ban

The Supreme Court of Georgia will reinstate the state’s six-week abortion ban starting 5 p.m. Monday, just a week after a trial court struck down the law. 

Some abortion providers in the state had resumed offering abortions past six weeks of pregnancy since the state’s lower court struck down the ban. The lower court ruling had temporarily allowed legal abortion up to 22 weeks of pregnancy. Monday’s decision means the ban will remain in effect while the case challenging Georgia’s law makes its way through the state court system.

How a Kamala Harris Candidacy Could Supercharge Democrats’ Message on Abortion

and

President Joe Biden’s decision to not seek a second term—and his endorsement of Vice President Kamala Harris to replace him—gives Democrats the opportunity to elevate an eager and consistent messenger on abortion rights heading into the first presidential election since the fall of Roe v. Wade. 

Harris had already become the administration’s leading voice on the importance of abortion rights, one of the Democratic Party’s top issues, at the federal and state level. She has spent the last year using rallies and interviews to make a clear-eyed case to voters on how a second Donald Trump presidency and Republican majorities in Congress could restrict abortion access. 

Medical Records for Out-of-State Abortions Will Now Be Protected by HIPAA

Healthcare providers aren’t allowed to tell law enforcement about a patient’s abortion if they received the procedure in a state where it is legal, it is protected by federal law, or it is permitted by state law, the Biden administration said Monday. The rule will take effect in 30 days, and it represents a meaningful shift.

But it’s unclear whether it will protect medical data for people who self-manage their abortions by receiving medication in the mail, often from a prescribing physician in a state with laws protecting reproductive rights.

Abortion Funds in Texas Are Unsure if They Will Resume Supporting People After Court Ruling

Funds have halted abortion-related work since June, when Roe v. Wade was overturned. Resuming that work could affect hundreds of pregnant people in Texas, which is the largest state to ban abortion.

An Austin-based federal judge last month temporarily blocked Texas prosecutors from pursuing legal action against organizations that help people secure abortions in states where it is legal. The ruling offers a rare spot of relief for abortion rights proponents in Texas and comes as state lawmakers are increasingly targeting organizations that help people leave the state for an abortion. 

Oklahoma Just Passed a Near-Total Abortion Ban. More Restrictions Are Likely Coming.

As statehouses across the country rush to pass new abortion restrictions ahead of a consequential Supreme Court ruling this summer, Oklahoma lawmakers are trying to restrict abortion access by any and all means necessary. 

“Oklahoma is passing every type of abortion ban to give themselves the largest chance possible for one of them to go into effect. They may be essentially hedging their bets,” said Elizabeth Nash, who tracks state policy for the Guttmacher Institute. 

Idaho Is the Second State to Ban Abortion After Six Weeks

Idaho has become the second state to ban abortion after six weeks.

“By the time you get to six weeks into pregnancy, chances are it is very difficult to have gotten an abortion,” said Lisa Humes-Schulz, vice president of policy and regulatory affairs for Planned Parenthood Alliance Advocates Northwest. “It’s not when you find out you become pregnant, but how long it takes you to get an abortion when you find out in idaho. There’s so few providers, a waiting period, you have to travel and raise money. That’s a big task.”