Mount Holyoke News – July 9, 2022

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Mount Holyoke News AN INDEPENDENT STUDENT NEWSPAPER SINCE 1917 MOUNTHOLYOKENEWS.COM

SATURDAY, JULY 9, 2022

Leading medical groups condemn the Court’s decision in Dobbs v. Jackson Women’s Health Center BY SHIRA SADEH ’25 STAFF WRITER

Content warning: This article discusses abortion. The Supreme Court of the United States overturned Roe v. Wade on June 24, 2022, as stated by a SCOTUSblog analysis of the recent decision in Dobbs v. Jackson Women’s Health Center. This decision was based on controversial scientific assertions, and was made against the advice of the American Medical Association. According to an archival case record on Oyez, the 1973 landmark case protected abortion access in all 50 states during the first trimester of pregnancy, limited the amount of regulations a state could impose during the second trimester and required states to legally protect the life of the pregnant person during the third trimester. SCOTUSblog went on to explain that the Dobbs v. Jackson decision overruled these protections and confirmed that the right to an abortion is not granted to the people through the Constitution, therefore returning legislation of this issue back to individual states. According to The New York Times tracker on abortion legality, approximately half of the U.S. will likely ban or restrict abortion. Currently, nine states — Alabama, Arkansas, Mississippi, Oklahoma, South Dakota, West Virginia, Missouri, Texas and Wisconsin — have a complete ban in effect. Another five states — Idaho, North Dakota, Tennessee, and Wyoming — have bans that are expected to come into effect soon, and Arizona, Kentucky, Louisiana and Utah have had their bans blocked by a judge. Some states have opted for partial bans which rely on the gestational stage of the fetus to determine abortion legality, although these laws may become more restrictive in the near future. Florida, Ohio, South Carolina, Tennessee, and Utah currently have a gestation limit for the procedure. Arizona and Georgia are expected to impose gestational limits soon and Kentucky’s limit has been temporarily blocked by a judge.

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Photo courtesy of Pinotgris for English Wikipedia via WikiMedia Commons The American Medical Association, headquarters pictured above, released a statement urging the Supreme Court to uphold the Roe v. Wade ruling.

Abortion remains protected in seven states — Alaska, Colorado, Illinois, Nevada, New Hampshire, Maine and Rhode Island. 14 states — California; Connecticut; Washington, D.C.; Delaware; Hawaii; Maryland; Massachusetts; Minnesota; New Jersey; New Mexico; New York; Oregon; Vermont and Washington — have moved to expand access. The future of abortion access in Indiana, Iowa, Kansas, Michigan, Montana, Nebraska, North Carolina, Pennsylvania and Virginia remains uncertain. The American College of Obstetricians and Gynecologists released a statement on abortion policies affirming that abortion is “an essential component of comprehensive, evidence-based health care.” The organization also stated that it opposes any attempt to block access to the procedure in the form of stigmatization, violence or legal penalties targeting any abortion provider or their families. This May, the American Medical Association joined ACOG in condemning the Supreme Court’s

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curtailing of abortion rights in a press release reacting to the leaked draft of the Dobbs decision. “​​ This opinion would lead to government interference in the patient-physician relationship, dangerous intrusion into the practice of medicine and potentially criminalizing care. As discussed in an amicus brief … filed with the Court, the AMA and more than two dozen leading medical organizations believe abortion is safe medical care that is a decision to be made between the patient and the physician, subject to the physician’s clinical judgment, and the patient’s informed consent,” Gerald E. Harmon M.D., president of the AMA, wrote. The amicus brief mentioned by President Harmon was filed in September 2021 by 24 medical organizations. The Dobbs case, which challenged Mississippi’s ban on abortions after 15 weeks of pregnancy, garnered widespread concern from within the medical community. The brief clearly advised the Court that abortion bans such as the one in Mississippi would lead to adverse

effects to the physical and psychological health of the pregnant individuals who require an abortion past the 15-week deadline, and would increase the number of individuals who attempt to self-induce an abortion. The press release posted by the AMA concerning the amicus brief summarized these concerns, stating, “This ban is not grounded on medical evidence and threatens the health and well-being of pregnant individuals, with a disproportionate impact on people from communities of color; those without ample financial resources and those in rural areas without close proximity to safe, effective reproductive health care. By preventing clinicians from providing patients with necessary medical care, the ban represents gross interference in the patient-clinician relationship and impedes on a clinician’s medical ethics by forcing them to choose between what is right for their patients and adherence to an unscientific, harmful law.” The Guttmacher Institute provided more information on legisla-

Global impact of Roe overturn

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tion termed “gestational age bans,” or abortion policy based on the gestational age of the embryo or fetus. Published in 2019 following attempted bans in multiple states, the Guttmacher Institute explained that only five percent of pregnancies end on the estimated due date, showing that pregnancy data is often unreliable. Therefore, passing inflexible legislation which forces medical professionals to rely on this data rather than the health of their patient poses a threat to the patient’s safety. The unscientific nature of “Heartbeat” Laws — a type of gestational age ban — was further explained by Dr. Nisha Verma in a May NPR article republished in response to the leaked Supreme Court opinion draft. Verma explained that an audible heartbeat from an adult heart is caused by the opening and closing of cardiac valves, and that at six weeks gestation those valves don’t yet exist. Instead, the flickering seen on the ultrasound is caused by electrical activity and the sound picked up is made by the ultrasound machine. Dr. Jessica Kerns was quoted in the same article specifying that the term “fetus” does not apply to a sixweek old pregnancy. She elaborated that most obstetricans would use the word “embryo” until the eighth week. “The term ‘fetus’ certainly evokes images of a well-formed baby, so it’s advantageous to use that term instead of ‘embryo’ — which may not be as easy for the public to feel strongly about, since embryos don’t look like a baby,” she said. Additionally, ACOG has long opposed abortion bans which claim to be based on scientific reasoning, such as “Fetal Heartbeat” legislation. In 2018, when the House of Representatives voted on H.R. 490, a bill that would have banned abortion at the detection of a fetal heartbeat which can occur as early as six weeks gestation — six weeks since the last menstrual period — ACOG released a statement regarding fetal development. The statement explained that abortion is a medical and legal right until fetal viability is determined, which occurs at a much later point of the pregnancy.

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