rePROs Fight Back

 Next week, the Supreme Court term will begin. While there are no abortion cases on the docket yet, there are many cases that concern sexual and reproductive health, rights, and justice and the rights of the LGBTQI+ community. Jessica Mason Pieklo, Senior Vice President and Executive Editor at Rewire News Group and co-host of Rewire News Group's podcast Boom! Lawyered, sits down to talk with us about some cases that face SCOTUS this term, as well as potential cases to keep a careful eye on.  

United States v. Skrimetti, which will be before the Court this term, involves challenges to Kentucky and Tennessee’s ban on gender-affirming care for minors, and whether those bans violate the equal protection clause of the Constitution. In addition, some cases that could make their way up the docket include a grouping of conservative attorneys general are attempting to bring back challenges to mifepristone access, Idaho’s resurrection of EMTALA challenges, and Oklahoma’s appeal to challenge the Biden administration on requirements for Title X funding. Lastly, a petition currently sits before the Supreme Court that could potentially end the case that green-lit wrongful death suits related to invitro fertilization in Alabama. 

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Economics and reproductive health and rights are connected issues. Especially in states where abortion is banned and contraception faces increasing attacks, associated costs for care can vary widely. Kate Bahn, Chief Economist and Senior Vice President of Research at the Institute for Women’s Policy Research, sits down to talk with us about the economic impacts of attacks to reproductive health and rights—on an individual, local, and national level.

Access (or lack thereof) to abortion and contraception can carry a host of indirect and direct financial consequences. Costs from traveling to access abortion, obtaining childcare, and booking lodging can impact how people make their reproductive choices. Individuals can also be financially impacted by unplanned fertility outcomes, such as having a child at a time when they were not planning to. To learn more, you can find our podcast episode on the Turnaway Study with Dr. Diana Greene Foster here. Other financial considerations should also be afforded to those undergoing invitro fertilization and navigating miscarriage. In addition, research shows that those who have access to contraception and abortion experience more flexibility and exploration in academic and professional opportunities. 

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The Equal Rights Amendment, an amendment to the Constitution, protects people from discrimination on the basis of sex. Kate Kelly, Senior Director of the Women’s Initiative at the Center for American Progress, sits down to talk with us all about the Equal Rights Amendment—its history, its importance for abortion access preservation, and what’s necessary for certification.  

The ERA, passed in 1923, is not a law but a constitutional amendment. Once put in, it cannot be removed. The ERA’s introduction and popularity became a target for the conservative right, and its ratification has faced barriers ever since, including during the Trump administration. The current Federal Register archivist has said in her confirmation hearings that she will not certify anything she isn’t instructed to, which leaves the U.S. at its current standing. Many organizations and Congresspeople, though, are pushing for the ERA’s introduction into the Constitution as the 28th amendment. 

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The Midwest is a patchwork of different abortion laws—while some states like Michigan and Minnesota have protected access, others have completely banned care, like Indiana and Missouri. Garnet Henderson, Senior Multiplatform Reporter at Rewire News Group and host and producer of ACCESS: A Podcast About Abortion, sits down to talk with us about abortion access in the Midwest, including how it may be further impacted by recent funding changes to the National Abortion Federation and Planned Parenthood Federation of America.

People residing in or near states that have banned abortion often travel to Illinois for care (although some may also travel to states like Nebraska, Minnesota, and Kansas), which was the state with the single largest increase in its abortion rate after Dobbs due to out-of-state travelers. These states are having to absorb skyrocketing rates of traveling patients on top of in-state patients seeking care. Iowa’s abortion restrictions and abysmal access rates to OB/GYN care and maternity care has resulted in maternity care deserts across large swaths of the state, and a shocking 61% of hospitals in rural areas having no labor and delivery service. Simultaneously, the Justice Fund, a financial assistance fund for low-income patients which is shared between PPFA and NAF, has been reduced with less than a month’s notice from 50% coverage per patient to 30%. This leaves patients with an even more shrunken lifeline to access.

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The United Nations Population Fund (UNFPA) is the United Nations sexual and reproductive health agency. The agency advocates for, provides access to, and educates on sexual and reproductive health and rights services.  Rebecca Zerzan, editor with UNFPA, sits down to talk with us about UNFPA’s 2024 state of world population report, Interwoven Lives, Threads of Hope: Ending Inequalities in Sexual and Reproductive Health and Rights. Rebecca also details the ways in which global misinformation impacts access to care.

UNFPA is the world’s largest procurer of donated contraception, which is distributed mostly in low- and middle-income countries. UNFPA also works closely with local organizations and agencies to facilitate access to medically accurate, culturally sensitive education. UNFPA’s recent report looks back over the last three decades, when the scale of maternal death was unknown, rates of adolescent births were higher, and rates of women’s contraception usage was halved, and discusses global progress. The report also researches misinformation around the world and how that impacts an individual’s access to comprehensive care.

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Title IX, a civil rights law enacted in 1972, is a statute meant to protect students from sex discrimination in educational environments to maintain equal opportunity to educational access. This year, the Biden administration released a new Title IX rule, which provides additional protections for those who are most likely to experience sex discrimination at school. Shiwali Patel, Senior Director of Safe and Inclusive Schools at the National Women’s Law Center, sits down with us to talk about what this rule change accomplishes and what challenges it faces. 

In April 2024, the Biden administration released the new rule, which, most significantly, clarified protections for LGBTQI+ students, provided additional protections for pregnant and parenting students, and expands protections against sexual harassment. The rule also undid many of the Trump administration’s harmful Title IX changes. Unfortunately, these celebrated changes are being challenged in court. In addition, some congressional members are using the Congressional Review Act to attempt to reverse these protections.

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In previous episodes, we’ve outlined Project 2025’s reach into global governance, LGBTQI+ health and rights, and the international sphere. Sabrina Talukder, Director of the Women’s Initiative at the Center for American Progress, sits down to talk with us about what the Heritage Foundation’s conservative roadmap means specifically for U.S. sexual and reproductive health and rights.

Project 2025 seeks to misapply the Comstock Act— a 150-year-old law which would allow enforcement power to investigate the U.S. mail for items of an “illicit,” “lewd,” or “immoral” purpose, including items related to abortion—as a national, backdoor abortion ban. Comstock could be applied not only to abortion education and medication sent through the mail, but medical equipment, as well. In addition, Project 2025 seeks to eliminate the Affordable Care Act, which protects free access to emergency contraception for 48 million women in the U.S. Project 2025 will no doubt negatively impact the U.S.’ already abysmal Black maternal health crisis.

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Many of the outlined ambitions of Project 2025 are focused around concentrating executive power, de-regulation, and religious protections, all of which have massive implications in the U.S. and around the world. Gillian Kane, Director of Global Research and Advocacy at Ipas, sits down to talks with us about the active, global reach of Project 2025 and Protego—in multiple countries and in global governance.  

In the previous administration, the Geneva Consensus Declaration (GCD) was a tool to cement America and its allies as anti-abortion. This manifesto, signed by 36+ countries, pushes national sovereignty, “traditional” family structures, and anti-abortion ideology, and is used as a guide for Project 2025. Protego, a program designed by the Institute for Women’s Health (IWH), is a new project dedicated to ensuring the GCD takes off. Valerie Huber, past member of the Trump administration and current head of the IWH, has traveled to multiple countries and spoken primarily to first ladies on the implementation of Protego. Valerie Huber is known to be anti-abortion, anti-LBTQI+, and a proponent of abstinence-only education. 

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In conflicts, disasters, and climate and health emergencies, many often consider food, shelter, and water to be the immediate needs of those impacted. While these are incredibly important requirements, women and girls are uniquely impacted by these emergencies, and sexual and reproductive health and rights must also be realized. Gayatri Patel, Chief of External Affairs at the Malala Fund and Senior Fellow with rePROs Fight Back, talks to us about the importance of SRHR provision in humanitarian settings.

Gaps in healthcare access extend to abortion, contraception, gender-based violence and sexual violence counseling and care, STI testing/treatment, and more, often brought on by impacted health infrastructure and supply chains. The implementation, support, and prioritization of these comprehensive needs is a step in the right direction for protecting women and girls in crisis scenarios. Some new practices and approaches are showing promising results, and include mobile clinics, cash assistance, legal assistance and further availability of contraception and midwives. 

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Project 2025 is a broad vision regarding the future of the United States led by the Heritage Foundation. The project is hundreds of pages, centered on continuing a conservative United States through consolidating power in presidency, getting rid of civil servants, and further marginalizing already vulnerable communities. Sarah Warbelow, Vice President, Legal, at the Human Rights Campaign, sits down to talk with us about Project 2025’s specific restrictions targeted at the LGBTQI+ community.

Project 2025 seeks to gut protections against discrimination based on sex across education, healthcare, employment, and more. Project 2025 also seeks to rid the federal government’s website of LGBTQI+ inclusive language, prevent access to gender-affirming healthcare, and prevent LGBTQI+ families from adopting children. Anti-LGBTQI+ policy in Project 2025 extends not only in the U.S., but around the world.

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