Kavanaugh included language that could expand protections for physicians who refuse to provide emergency abortions, potentially imperiling lives.
against the most common method of abortion, unanimously holding that the plaintiffs lacked standing to sue in the first place. Justice Brett Kavanaugh’sfor the court maintains access to mifepristone, the first drug in a medication abortion, which the Food and Drug Administration approved in 2000. The plaintiffs, a group of anti-abortion doctors and dentists, argued that federal courts must ban or roll back the public’s access to mifepristone in all 50 states, presentingabout its alleged dangers.
Look, we already have conscience protections for health care providers. Doctors are not going to be forced to do anything they don’t want to, including terminating a pregnancythat this is not a net neutral on conscience rights. In fact, she posits, Kavanaugh’s opinion significantly broadens conscience protections from what they were before.So there were two ways the Supreme Court could’ve written this opinion.
So Kavanaugh effectively grafted those failed amendments into the law by simply declaring, as a statement of fact, that conscience protections are so strong that doctors never have to assist in emergency abortions. It’s a clever move: In this so-called victory for medication abortion, Kavanaugh slipped in a wildly expansive reading of the conscience clause that was, up until now, very much in dispute.
Supreme-Court Abortion Reproductive-Rights Brett-Kavanaugh Opinionpalooza-2024
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