Judge Temporarily Blocks Biden's Attempt to Remove Coverage for Natural Family Planning

On August 12, US District Judge Jeremy Kernodle placed a temporary injunction against new rules by the HHS that removed health coverage for fertility awareness-based methods (FABM) of family planning.

FABM methods of family planning involve tracking a woman's reproductive cycle to achieve or avoid pregnancy without the use of contraception. After a 2016 revision to the Affordable Care Act, medical professionals could bill patients' insurance for FABM counseling visits. The change submitted by the Biden administration would remove this coverage, however.

Dr. Cami Jo Tice-Harouff, a family nurse practitioner who provided counseling for FABM, filed a lawsuit against the Biden administration with the help of Alliance Defending Freedom when she noticed her clients no longer had coverage for her services through the Affordable Care Act. As it turns out, HHS did not follow proper procedures when revising regulations.

HHS published draft changes in November 2021 and implemented them in December 2021. Alliance Defending Freedom wrote in a press release that, despite objections by FABM organizations, there was “no notice-and-comment process nor any rationale, which are mandated by the Administrative Procedure Act.”

The removal of coverage is blocked until he makes a full decision or the HHS follows proper procedures for making the change.

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Walmart Announces Plan to Pay Abortion Costs and Travel Expenses

Walmart, the largest private employer in the nation, announced on August 19 that will expand its abortion coverage for employees.

Walmart's previous benefits plan covered abortion if the mother's health was in danger or the child was unlikely to survive birth. The new benefits plan will extend coverage to pay for abortions in cases of rape, incest, or if the abortion would take place at any point before fetal viability. General medical consensus places viability at 23-24 weeks gestation. With medical assistance, however, preemies have survived after only 21 weeks.

Additionally, Walmart will pay the travel expenses of any employee who does not live within 100 miles of an abortion business. This will be used to abort children who would otherwise be protected by pro-life laws.

A memo by Walmart's Chief People Officer Donna Morris also said that the retail giant is launching a "center for fertility services," and increasing its financial support for adoptions from $5,000 to $20,000.

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Michigan County Judge Blocks 1931 Abortion Ban

Oakland County Judge Jacob Cunningham issued a ruling on Aug. 19 blocking the enforcement of Michigan's 1931 abortion ban.

Planned Parenthood, anticipating a decision to overrule Roe v. Wade, filed a lawsuit in April to have the law blocked. A temporary injunction was placed in May. Pro-life prosecutors have asked a Court of Appeals to rule on the issue, while Michigan Gov. Gretchen Whitmer has filed her own lawsuit in hopes of overturning the law.

Cunningham wrote in his ruling “A person carrying a child has the right to bodily autonomy and integrity as well as a safe doctor-patient relationship free from government interference, as they have been able to do so for nearly 50 years.”

“As currently applied, the court finds (the abortion law) is chilling and dangerous to our state’s population of childbearing people and the medical professionals who care for them,” Cunningham continued. “The harm to the body of women and people capable of pregnancy in not issuing the injunction could not be more real, clear, present and dangerous to the court.”

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Planned Parenthood to Spend $50 Million on Midterms

Breaking its previous spending record of $45 million during the 2020 election cycle, Planned Parenthood has announced plans to spend $50 million to promote pro-abortion candidates and policies before the 2022 midterms.

According to the Associated Press, Planned Parenthood will be focusing its efforts on voters in Arizona, Georgia, Michigan, Minnesota, Nevada, New Hampshire, North Carolina, Pennsylvania, and Wisconsin.

Pro-abortion organizations outspent pro-life ones by over $1 million in Kansas before voters rejected Kansas's "Value Them Both" amendment. With this spending, these organizations tried to convince voters that the amendment would ban abortion outright rather than clarify that the state constitution did not contain a right to abortion. If Kansas legislators wanted to pass an outright abortion ban, they would need to push additional legislation. Increased spending from Planned Parenthood will likely be used to mislead voters again.

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City of Nashville, Tennessee Now Requires Businesses Seeking Grants and Tax Breaks to Report Whether they Pay for Abortion Travel

The joint government from Nashville, Tennessee and Davidson County signed an ordinance Wednesday creating a new hurdle for businesses seeking grants or tax relief. This comes as Tennessee's trigger law banning abortion is set to take effect on August 25.

A business seeking grants or tax relief from Nashville or Davidson County will now be required to “report whether it provides its employees with benefits that include covering the cost of transportation, accommodations, and other related costs when necessary to obtain medical treatment not otherwise available in the employee’s home state…[which] would include reproductive healthcare treatment such as abortion.”

The resolution includes a declaration by members of the council. It states,

"The Metropolitan Council supports the right to abortion access previously established under Roe v. Wade and finds that restrictions upon reproductive rights and private healthcare decisions threaten the safety and wellbeing of the residents of Nashville and Davidson County, particularly for women unable to travel to neighboring jurisdictions where abortion care is safe and legal..."

Actions such as this by local governments and businesses circumvent the laws of pro-life states and further enable abortion businesses in states where abortion is legal to exploit disadvantaged women across state borders. Once Tennessee's trigger law takes effect, Illinois will be a primary location for abortion-seeking women from places like Nashville.

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Federal Judge Reinstates North Carolina 20-Week Abortion Ban

On August 17, Federal District Judge William Osteen reinstated a North Carolina law banning abortion after 20 weeks gestation.

Osteen ruled that the law was unconstitutional based on Supreme Court precedent in 2019. That decision was later upheld by the 4th Circuit Court of Appeals. After the US Supreme Court ruled to overturn Roe v. Wade, however, that precedent no longer stands.

“Under Dobbs, there is now no constitutional right to a pre-viability abortion, thus depriving the injunction of any constitutional basis from which to enjoin the challenged North Carolina laws regulating abortion,” Osteen wrote. 

Osteen disagreed with parties who argued lifting the injunction would create confusion.

“...leaving the injunction in place wrongfully heightens confusion because to do so is misleading as to the effect of Dobbs. If, as Plaintiffs argue, [abortion] providers are providing services in accordance with the terms of the injunction…, then those providers are acting contrary to North Carolina law. Neither this court, nor the public, nor counsel, nor providers have the right to ignore the rule of law as determined by the Supreme Court.”

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Abortionists to Open New Locations in Carbondale

Following the reversal of Roe v. Wade, abortionists in states with pro-life laws have been moving their businesses to locations where governments are willing to condone their deadly practices. Illinois is one such state. While we have recently highlighted a Wisconsin abortionist opening an abortion business in Rockford, it is also true that at least two abortionists are planning to open abortion facilities in Carbondale.

Jennifer Pepper, the CEO of CHOICES abortion clinic in Memphis, Tennessee, spoke about her plans in an interview with St. Louis Public Radio: “When they announced the Dobbs case, we knew that meant that we were likely going to lose access to abortion in Tennessee within the next 12 months,” she said. “I stared at a map and it just kind of all came to me and (I) said to my team — ‘I think it’s this town, in Carbondale. Carbondale had this opportunity to be a critical access point for the entire southeastern United States.”

Abortionist Alan Braid, who openly defied Texas's Heartbeat law after it took effect earlier this year, also announced he plans to relocate to Carbondale.

Carbondale has an Amtrack station connecting it to various pro-life states south of Illinois. It's also a college town. Southern Illinois University has a campus in Carbondale that might draw abortion businesses to the location.

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New Indiana Law Creates $45 Million Fund to Support Pregnant and Postpartum Women

On the same day that Indiana Gov. Eric Holcomb signed the first post-Roe abortion ban in the nation, he signed Senate Enrolled Act 2. This law establishes the $45 million Hoosier Families First Fund, which will be used to provide support to pregnant and postpartum women and their children.

The funds will be allocated to the state's Department of Child Services, the Family and Social Services Administration, the Indiana Department of Health, and the Department of Homeland Security to provide this support.

Foster homes, adoptive families, low-income families, and non-abortive pregnancy centers will benefit from the funding. The law also exempts diapers from the state's gross retail tax and creates a $3,000 tax credit for each adoptive child below the age of 19 (24 if the child is a full-time student).

“Today, I proudly signed Senate Enrolled Act 2 to return $1 billion back to Hoosier taxpayers,” said Holcomb in a statement. “This fulfills what I set out to accomplish when calling the General Assembly into special session in order to help Hoosiers hurting from historically high inflation. I am also especially grateful for the nearly $100 million in long overdue increased funding to support the health of our Hoosier mothers and babies. While there is still more to do, better access and awareness of all our programs will be critical to improving our infant and maternal mortality rates – a long-standing priority of my administration.”

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Idaho Supreme Court Rules Abortion Ban Can Take Effect August 25

On August 12, the Idaho Supreme Court ruled that a state law banning abortion can take effect on August 25 while challenges to the law are considered by the judicial system.

The Idaho Supreme Court determined that “the plaintiffs also didn’t have enough evidence that they had a ‘clear right’ to a remedy, or that they were likely to win on the merits of the case.”

Justice Robyn Brody wrote for the majority in the court's decision to allow the law to take effect. “What petitioners are asking this Court to ultimately do is to declare a right to abortion under the Idaho Constitution when — on its face — there is none.” She added, “In fact, before Roe announced a federal constitutional right to abortion in 1973, abortion had been a longstanding criminal offense in Idaho.

She later writes, “In short, given the legal history of Idaho, we cannot simply infer such a right exists absent Roe without breaking new legal ground, which should only occur after the matter is finally submitted on the merits.”

Oral arguments for the three lawsuits—which have been consolidated into one— are scheduled for September 29.

In a separate lawsuit, the Biden administration sued Idaho and requested that the law be put on hold for supposed violation of the Emergency Medical Treatment and Labor Act.

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Planned Parenthood Drops Lawsuit Against Iowa Waiting Period Law

Planned Parenthood announced on August 5 that it is dropping its lawsuit challenging Iowa's law requiring women to wait 24 hours after an initial appointment before having an abortion.

“It was an extremely difficult decision to dismiss this case, knowing the harms that a mandatory delay law imposes on Iowans who need abortion care,” she said. “Iowa politicians should never have passed this law, which has no medical basis and only makes accessing abortion more difficult.”

The Iowa Supreme Court ruled on June 17 that the state constitution does not include a "fundamental right to abortion." This sent Planned Parenthood's challenge to the waiting period law back to a lower court. Now, however, the abortion giant has decided that its legal budget is better spent elsewhere.

“The motion filed today does not mean we are giving up in our fight to keep abortion safe and legal in Iowa — quite the opposite,” Planned Parenthood public affairs director Mazie Stilwell in a statement. “We are instead intentionally shifting our time and resources away from this case to other looming battles, including the constitutional amendment stripping Iowans of their right to abortion and the Governor’s announced attempt to revive a six-week ban.”

The six-week ban Stilwell referenced is a 2018 law that was blocked by courts after it was signed into law. Given Iowa Supreme Court's ruling and the repeal of Roe v. Wade, Gov. Kim Reynolds is pushing for this law to be reinstated. Further, Iowa legislators are in the process of drafting an amendment that would prevent judges from ruling in the future that Iowa's constitution includes a right to abortion.

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DOJ Sues Idaho to Block Abortion Trigger Law

US Attorney General Merrick Garland (D)

On August 2, the US Department of Justice filed a lawsuit against the state of Idaho in an attempt to stop the state from enforcing a "trigger" law that would ban abortion except in cases of rape, incest, or to save the life of the mother.

The Justice Department argues that the law violates the Emergency Medical Treatment and Labor Act, which requires medical facilities to provide treatment for patients experiencing medical emergencies. It argues that the Idaho abortion law's exception to save the life of the mother is too vague.

“Instead of complying with the requirements of this provision [the Emergency Medical Treatment and Labor Act],” Idaho Attorney General Lawrence Wasden (R) said, “or even attempting to engage Idaho in a meaningful dialogue on the issue, the federal government has chosen to waste taxpayer dollars on an unnecessary lawsuit.”

Idaho Gov. Brad Little (R) said that he will work with Wasden to defend the law from the Biden administration's "politically motivated" lawsuit.

Unless blocked by a judge, Idaho's abortion ban would take effect on August 25.

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Georgia Now Allows Residents to Claim Preborn Children as Dependents on State Tax Returns

Georgia residents will now be able to claim preborn children with detectable heartbeats as dependents on their tax returns. As a result, Georgia taxpayers will be able to claim $3,000 tax exemptions for each preborn child they include on their tax returns.

The Georgia Department of Revenue issued a statement on August 1 detailing its plans to offer the tax deduction.

After the Supreme Court overturned Roe v. Wade, the 11th Circuit Court of Appeals decided Sistersong Reproductive Justice Collective v. Brian Kemp on July 20. The ruling allows Georgia to enforce HB 481, which bans the abortion of preborn children with detectable heartbeats. The law includes exceptions for rape, incest, and when the mother's life is at risk.

Interestingly, the decision also redefined "natural person" in Georgia to include preborn children. This allowed the Georgia Department of Revenue to offer a tax break for the parents of preborn children.

Georgia Gov. Brian Kemp said he is "overjoyed" with the ruling. “Since taking office in 2019, our family has committed to serving Georgia in a way that cherishes and values each and every human being, and today’s decision by the 11th Circuit affirms our promise to protect life at all stages,” Kemp said after the court issued its decision.

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Illinois Hospital System Pays $10 Million Settlement Over COVID Vaccine Mandate

500 former and current health care workers who sued NorthShore University Health Care System settled for a payment of $10,337,500. The workers were denied religious exemptions from the Illinois hospital system's COVID-19 vaccine mandate. Some were fired as a result.

Because all currently available COVID-19 vaccines used a line fetal cells harvested from aborted children during their research and/or production, pro-life health care workers often object to taking them.

Liberty Counsel, which represented the workers, released a statement announcing the settlement terms:

As a result of the settlement, NorthShore will pay $10,337,500 to compensate these health care employees who were victims of religious discrimination, and who were punished for their religious beliefs against taking an injection associated with aborted fetal cells. 

This is a historic, first-of-its-kind class action settlement against a private employer who unlawfully denied hundreds of religious exemption requests to COVID-19 shots.

The statement continues,

As part of the settlement agreement, NorthShore will also change its unlawful “no religious accommodations” policy to make it consistent with the law, and to provide religious accommodations in every position across its numerous facilities. No position in any NorthShore facility will be considered off limits to unvaccinated employees with approved religious exemptions. 

In addition, employees who were terminated because of their religious refusal of the COVID shots will be eligible for rehire if they apply within 90 days of final settlement approval by the court, and they will retain their previous seniority level.

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Kentucky Appeals Court Lifts Injunction Against Pro-Life Laws

On August 1, the Kentucky Court of Appeals decided to end a temporary injunction blocking the state from enforcing two pro-life laws

The Human Life Protection Act prohibits all abortions except when the mother's life is at risk. The Heartbeat Law prohibits abortion at six weeks gestation. Jefferson Circuit Court Judge Mitch Perry issued the temporary injunction against the laws on July 22. Now that the injunction has been lifted, Kentucky can enforce them.

Attorney General Daniel Cameron, who is running for Governor of Kentucky, Tweeted this response to the court's action: “Today the Court of Appeals granted our motion to have the Kentucky Human Life Protection Act and the Heartbeat Law reinstated in the Commonwealth. I appreciate the court’s decision to allow Kentucky’s pro-life laws to take effect while we continue to vigorously defend the constitutionality of these important protections for women and unborn children across the Commonwealth.”

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Indiana Gov. Signs First Post-Roe Abortion Ban

Indiana Gov Eric Holcomb (R)

Indiana Gov. Eric Holcomb signed a bill on August 5 banning most abortions from the moment of fertilization. With this legislation, Indiana became the first state to pass an abortion ban after the repeal of Roe v. Wade.

Conservative lawmakers spent a significant amount of time debating exceptions to the law. The exceptions that made their way into final law include rape, incest, to protect the life of the mother, and if the preborn child is diagnosed with a terminal anomaly. The law also states that any abortions must take place in hospitals or surgical centers; not abortion clinics.

The pro-life Thomas More Society warned that the legislation might encourage doctors to pressure families into aborting children with difficult diagnoses rather than attempt potential lifesaving treatments.

Indiana Right to Life pushed for a version of the bill that only offered exceptions if the mother's life is in danger. After it was passed in its final form, they released the following statement:

“Indiana Right to Life believes substantive changes to SB1 in the House provide renewed hope that over 95% of Indiana’s 8,414 abortions will end if it becomes law. House amendments will make abortion clinics a thing of the past in Indiana, requiring that abortions for limited circumstances be done in hospitals, or hospital-owned surgical centers. The House also tightened language for the life of the mother exception, limited abortions to ten weeks in circumstances of rape or incest, and limited abortions for lethal fetal anomalies to 20 weeks.

While we are disappointed that an amendment to limit abortions to only the life of the mother fell short in a roll call vote, we applaud those House members supporting the amendment for doing all they could to limit SB1’s exceptions. We will continue to work to build consensus going forward that all lives are to be valued, regardless of the means of one’s conception.

While we cannot fully endorse the amended SB1 due to it rape, incest, and lethal fetal anomaly exceptions, we acknowledge the path forward is either the potential to end the vast majority of abortions in Indiana, beginning with the closure of Indiana abortion clinics in mid-September, or allowing all abortions to continue under current law, as women from Ohio, Kentucky, and other states travel to Indiana for abortions. We urge every legislator to prayerfully consider how their vote will impact the path Indiana now chooses."

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Rep Jackie Walorski Killed in Car Accident

US Rep. Jackie Walorski (R-IN), along with staff members Emma Thomson and Zachery Potts, died in a car accident on Wednesday, August 3. Walorski leaves a pro-life legacy during her time as a legislator.

Rep. Jim Banks (R-IN) wrote of his colleague on Twitter, “Jackie [was] selfless, humble, and compassionate." He called her, “a dear friend and one of the greatest public servants I’ve ever known.”

Walorski was well-known for her strong pro-life voting record. She held a 100% pro-life voting record with National Right to Life. While serving in the US House of Representatives, Walorski introduced the Dignity for Aborted Children Act (HR 620) in 2019. The legislation was a response to the discovery of 2,400+ bodies of aborted children hoarded by Indiana abortionist Ulrich Klopfer's home in Illinois. The legislation would have required the respectful burial or cremation of aborted children; thereby preventing abortionists from collecting bodies like trophies.

Walorski championed several other pro-life bills during her time in office, including the Born-Alive Abortion Survivors Protection Act, the No Taxpayer Funding for Abortion and Abortion Insurance Full Disclosure Act of 2021, and the Title X Abortion Provider Prohibition Act.

The day before she died, Walorski visited the pro-life pregnancy center Bella Vita in Knox, Indiana.

“We mourn the loss of Representative Jackie Waloski who supported protections for the most vulnerable among us,” said Carol Tobias, president of National Right to Life. “The pro-life movement is deeply indebted to Congresswoman Walorski for her service on behalf of the unborn.”

“Our thoughts and prayers are with the congresswoman’s family at this time.”

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Biden Signs Executive Order Allowing Medicaid Funding of Abortions

President Biden signed an executive order Wednesday, August 3 that would allow states to use Medicaid funding to pay for abortions for women who travel from pro-life states to pro-abortion states.

While the wording of the executive order itself is vague, White House Press Secretary Karine Jean-Pierre clarified Wednesday that the order “paves the way for Medicaid to pay for abortions for women having to travel out of state.” States could apply for Medicaid waivers that would allow them to use Medicaid funds to pay for abortions.

Pro-life leaders pointed out that the order violates the Hyde Amendment, which restricts federal abortion funding. When reporters asked Jean-Pierre how the Biden administration could legally bypass the Hyde Amendment to provide funding this way, she responded, “we’re going to leave it to HHS to come up with the details on the specifics on how they’re going to work with states — if a state asks for a waiver — and what that’s going to look like.”

This is President Biden's second executive order designed to undermine the Supreme Court's Dobbs v. Jackson decision, which gave the right to regulate abortion back to the people through their elected state lawmakers. The first he signed on July 8.

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Kansas Voters Reject Pro-Life Constitutional Amendment

59% of Kansas voters voted Tuesday to reject the "Value Them Both" amendment to the state constitution that would clarify that it does not provide a right to abortion.

The amendment was put on the ballot by pro-life Kansas legislators to correct a 2019 Kansas Supreme Court decision asserting that the state constitution's guarantee of "equal and inalienable natural rights" included the right to abortion.

If the amendment was ratified into the constitution, Kansas would be able to enforce pro-life laws and guarantee that tax dollars are not used to fund abortion.

The amendment appeared on the Kansas ballot as follows:

"Regulation of abortion. Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother."

Pro-life leaders gave two potential explanations for the loss. The wording of the amendment may have been confusing, and pro-abortion organizations used false information and large amounts of spending to urge voters to oppose the amendment.

National Right to Life President Carol Tobias responded to the vote with the following statement:

"Sadly, thousands and thousands of babies will die in Kansas.

Lies about ectopic pregnancies and miscarriages, and false claims that women who have abortions would be prosecuted, promulgated by the media and the abortion industry, resulted in a tragic loss for women and their unborn babies. 

Contrary to those lies, pro-life legislation allows the removal of ectopic pregnancies and other procedures to save the life of the mother, the treatment of miscarriages, and does not impose any penalties on women who have abortions. Over 70 pro-life organizations signed a statement opposing criminal penalties for women who have abortions."

Kentucky is set to have a similar amendment on its ballot this November.

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Chicago Mayor Signs Executive Order to Protect Abortionists

Chicago Mayor Lori Lightfoot (D)

Chicago Mayor Lori Lightfoot signed an executive order on July 28 to protect abortionists from criminal investigations.

The executive order prohibits city officials from cooperating with pro-life states during investigations involving abortion-related crimes.

"Through this Executive Order, I am taking yet another step to help to safeguard all those who come to our city for reproductive healthcare," Lightfoot said in a press release. "I am proud of the continued collaboration between Planned Parenthood, the Chicago Department of Public Health, members of City Council and other City departments, who are working tirelessly to ensure that everyone in Chicago is able to receive the care they need and maintain control over their bodies."

This executive order is only the most recent part of Lightfoot's abortion initiative. As part of what she called the "Justice for All Pledge," Chicago allocated $500,000 from the Chicago Department of Health to pay for abortion-related expenses.

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Biden Nominates Dobbs v. Jackson Lawyer to 1st Circuit Court of Appeals

President Joe Biden nominated Julie Rikelman to a position on the 1st Circuit Court of Appeals. Julie Rikelman is known most recently as the lawyer who represented Jackson Women's Health Organization in Dobbs v. Jackson Women’s Health Organization. In that case, which ended in the repeal of Roe v. Wade, Rikelman argued to keep Roe's precedent in place.

Rikelman currently works as a senior litigation director for the Center for Reproductive Rights. Her profile on the pro-abortion organization's website states, “In addition to challenging bans and clinic closing laws around the country, Julie’s other litigation work at the Center has included leading the Center’s efforts against invasive ultrasound laws, fighting to preserve access to medication abortion, and defending the rights of young people in Florida and Alaska to make their own reproductive health decisions.”

Nominees such as Rikelman are clearly intended to act as judicial activists rather than objective interpreters of federal law. It seems unlikely that Rikelman would uphold the Dobbs v. Jackson ruling that she argued against before the Supreme Court. Pro-abortion organizations joyfully echo this sentiment. National Abortion Rights Action League (NARAL) President Mini Timmaraju tweeted, “Having experts with demonstrable records of standing up for abortion rights like Julie Rikelman in the judicial branch will serve as a critical defense from future attacks on our rights.”

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