Rolling Up Our Sleeves, Part 3: Fighting the Trump Administration with State Constitutions

A fierce feminist resistance is ready to defend women’s rights at the federal level—and creatively expand equality protections in the states. This is the third in a four-part series on the steps activists are taking to fight for our rights amid Trump’s attacks on democracy.

(This is the third in a four-part series on the steps activists are taking to fight for our rights amid Trump administration’s attacks on democracy.)

Pa. Court to Hear Arguments *Feb. 5* on State Ban on Medicaid Coverage for Abortion and Equal Rights Amendment

In January 2024, the Pennsylvania Supreme Court ruled that abortion providers can challenge the Pennsylvania’s Medicaid coverage exclusion on abortion for violating the state’s Equal Rights Amendment and Non-Discrimination Clause of the Pennsylvania Constitution.

On Wednesday, Feb. 5, lawyers for Pennsylvania’s freestanding abortion clinics will argue before the Pennsylvania Commonwealth Court that the ban discriminates on the basis of sex in violation of these constitutional provisions.

The case is the first Pennsylvania state court proceeding challenging an abortion restriction since the state Supreme Court restored the Pennsylvania Equal Rights Amendment last year.

Keeping Score: Trump’s Executive Orders Undo Progress; Meta Allows Hate Against Women and LGBTQ People; Abortion Ban States Are Losing Residents

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: Trump enacts harmful executive actions on immigration, global abortion care, DEI and foreign assistance; Trump’s new treasury secretary said expanding tax cuts for the wealthy is “the single most important economic issue of the day”; Trump pardoned anti-abortion extremists; ICE raids spread fear; 1.4 percent of trans teens participate in sports, but 40 percent are bullied at school; Whole Woman’s Health has expanded its 24/7 abortion care services; states hostile to abortion rights see challenges attracting and retaining workers; female firefighters will now receive federal compensation for treatment for reproductive cancers; remembering Cecile Richards, and more.

Rolling Up Our Sleeves, Part 1: Fighting the New Trump Administration’s Wave of Extremist Actions

After a narrow political victory in November, a second Trump administration is now threatening to reverse decades of hard-fought gains for women and girls. Luckily, a fierce feminist resistance is ready to defend women’s rights at the federal level—and creatively expand equality protections in the states.

This is the first in a four-part series on the steps activists are taking to fight for our rights amid Trump’s attacks on democracy.

Keeping Score: Senators Grill Hegseth, Call Trump Pick Unfit to Lead DOD; Pregnancy Doubles Homicide Risk for Women; Federal Judge Strikes Down Biden Title IX Rules

In every issue of Ms., we track research on our progress in the fight for equality, catalogue can’t-miss quotes from feminist voices and keep tabs on the feminist movement’s many milestones. We’re Keeping Score online, too—in this biweekly roundup.

This week: Getting pregnant doubles the risk of dying by homicide for women under 25; Biden has appointed a record 40 Black women to federal judgeships; Louisiana’s abortion ban has a chilling effect on maternal healthcare and miscarriage treatment; N.C. Republicans try to overturn the fair election of a Democratic justice; the psychological toll on children in Gaza is severe; Biden’s Title IX protections struck down; Blake Lively filed a lawsuit against actor and director Justin Baldoni for repeated sexual harassment and retaliation; Trump’s Cabinet will be the wealthiest in American history; and more.

Trump Pardoning Jan. 6 Insurrectionists Would Endorse Attacks on Democracy

Rewarding people who tried to ignite an insurrection turns the pardon power on its head.

Trump’s pardons are not about people and their communities—they are about personal loyalty to him. Trump summoned these individuals to the Capitol to support him and now he will pardon them to complete that transaction. Trump will use the pardon power to make it clear that violence and violation of the law can be forgiven in service to himself.

International Human Rights Court Rules in Favor of Abortion Rights in Case Against El Salvador

The Inter-American Court of Human Rights (IACHR) issued a significant ruling on Dec. 20, with the potential to further transform the legal landscape of abortion rights in Latin America. In particular, IACHR ruled that El Salvador violated a series of rights by denying a 22-year-old woman an abortion in 2013, despite her health and life being at risk and the pregnancy being unviable. According to the court, the government violated her right to health, personal integrity, privacy, access to justice, and to live a life free of violence—rights stated in the Inter-American Convention of Human Rights and the Belém do Pará Convention to prevent, punish and eradicate violence against women.

The ruling was received as a triumph by Beatriz’s family and the activists that supported them in this case—but their work does not stop here. Activists are now committing to monitor the government’s compliance with the court’s ruling.

‘Significant Victory’: Ninth Circuit Court Mixed Ruling ‘Frees Idahoans to Talk With Pregnant Minors About Abortion’

In April of 2023, Idaho passed the nation’s first abortion “trafficking” law (travel ban) making it a crime to procure an abortion for a minor. The law was challenged by reproductive rights advocates, who argued that the legislature had created a statute that makes unclear when lawful mentoring support stops, and unlawful conduct begins. Agreeing with the plaintiffs, in November of 2023, a federal district court issued a preliminary injunction preventing the law from going into effect.

On Dec. 2, the Ninth Circuit Court of Appeals issued a mixed decision in the case. Although not a complete win, as Wendy Heipt of Legal Voice, one of the attorneys for the plaintiffs put it: The “decision is a significant victory … as it frees Idahoans to talk with pregnant minors about abortion healthcare.” 

“Encouragement, counseling, and emotional support are plainly protected speech under Supreme Court precedent,” wrote the Ninth Circuit Court last week, “including when offered in the difficult context of deciding whether to have an abortion.”