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STATES MOVING QUICKLY TO BAN, CRIMINALIZE ABORTION: Republican state lawmakers across the U.S. are moving quickly to enact restrictions on abortion.
Many of the new laws are being contested in court by organizations such as the American Civil Liberties Union or stayed by judges, but lawmakers are emboldened by the Supreme Court’s conservative bent with the additions of Justices Neil Gorsuch and Brett Kavanaugh. Republicans hope ultimately to challenge Roe v. Wade, the 1973 Supreme Court decision that legalized abortion nationwide.
On Thursday, Ohio became the sixth state to pass a ban on abortion six weeks into a pregnancy, and Georgia isn’t far behind. Not all of the laws contain exemptions for rape or incest, and they carry felony charges against doctors.
These bills are dubbed “heartbeat bills” because they’re intended to stop abortions that occur once a heartbeat can be detected. Abortion rights groups say that these kinds of bills effectively outlaw abortion because many women don’t know until past six weeks into gestation that they are pregnant.
“With this surge in six-week abortion bans, antiabortion activists and politicians are showing their true agenda — banning abortion for any reason and at any point during pregnancy,” Elizabeth Nash, senior state issues manager at the Guttmacher Institute, said in a statement.
In North Dakota, Republican Gov. Doug Burgum on Thursday signed a bill to ban dilation and evacuation, a type of abortion that uses surgical tools and suction and is common in the second trimester. Legal challenges in Alabama, Arkansas, Kansas, Kentucky, Louisiana, Ohio, Oklahoma, and Texas have put similar laws on hold.
For many of these challenges, split circuit rulings could be enough to trigger the Supreme Court to take up abortion. At this time, the Supreme Court is still considering whether to hear a challenge to an Indiana law that makes it illegal for women to have an abortion on the basis of race or sex or because they learn they will otherwise give birth to a baby with Down syndrome.
If the Supreme Court were to overturn Roe, then the decision over whether to legalize abortion would fall to the states.
In Congress, meanwhile, Republicans in both the House and Senate have been drawing attention to later abortions. Earlier this week, the Senate Judiciary Committee held a hearing on a bill that would ban abortion after 20 weeks of pregnancy. In the House, GOP leaders have launched a discharge petition that would force a floor vote on a bill clarifying that babies born alive frombotched abortions must receive medical care.
Anti-abortion politicians and advocates differ on the best way to challenge Roe. Susan B. Anthony List, an anti-abortion advocacy group that is influential with the Trump administration, said it is focused on the 20-week ban, known as the Pain Capable Unborn Child Protection Act, rather than on heartbeat bills.
“We support state legislators working to pass any kind of pro-life law,” said Mallory Quigley, spokeswoman for the group. “We just think in terms of the best legal, political legislative strategy we think the pain capable bill is the strongest — but we are not opposed to the other efforts.”
Good morning and welcome to the Washington Examiner’s Daily on Healthcare! This newsletter is written by senior healthcare reporter Kimberly Leonard (@LeonardKL) and healthcare reporter Cassidy Morrison (@CassMorrison94). You can reach us with tips, calendar items, or suggestions at [email protected]. If someone forwarded you this email and you’d like to receive it regularly, you can subscribe here.
ERNST, LEE FAMILY LEAVE PILOT PLAN WOULD HAVE NEGLIGIBLE EFFECT ON SOCIAL SECURITY FINANCES, ADMINISTRATION ESTIMATES: A paid family leave bill from Sens. Joni Ernst, R-Iowa, and Mike Lee, R-Utah, that would let new parents tap into their Social Security in exchange for delaying retirement would not harm Social Security’s finances, according to an analysis from the Social Security Administration.
The long-term effects of the proposal aren’t detailed in the report because the bill is a pilot project that would need to be reauthorized after 2025, assuming it going into effect in 2021. “This would force Congress to reassess the program to ensure it is meeting its intended purpose,” said Conn Carroll, Lee’s spokesman. “Should it function as we currently envision, we would certainly hope that Congress would reauthorize the program for an additional, longer period of time.”
The findings were similar to the administration’s estimates for a parental leave bill from Sen. Marco Rubio, R-Fla. The Ernst-Lee bill, called the Child Rearing and Development Leave Empowerment Act, differs from the Rubio bill by obligating parents stay home to spend time with their child, rather than allowing them to have the option to return part-time.
GRASSLEY: OBAMACARE REPLACEMENT NOT NEEDED BECAUSE SCOTUS WON’T THROW OUT THE LAW: Sen. Chuck Grassley, R-Iowa, the chairman of the Senate Finance Committee, told the Des Moines Register that he doesn’t believe Obamacare will be invalidated in court, and that therefore he doesn’t see a need for Republicans to come up with a replacement plan. He then added, however, that he thought Congress could come up with a quick replacement if it were to be overturned.
“You could easily put together legislation that’s been around the Congress for a long time, that you would say would be a replacement,” he said. “There’s all kinds of ideas out there about what that ought to be, but we’re not talking about starting from scratch. We’re talking about things that could have been ideas that went back to Hillary Care of 1993.”
The case is expected to be heard in the 5th Circuit this summer after a federal district court judge invalidated the law, stayed to allow for the appeal, a ruling the Trump administration has sided with.
LAWYER ON OBAMACARE CASE IS LEAVING: Department of Justice deputy assistant attorney Brett Shumate, one of the lead attorneys to invalidate Obamacare, is leaving the agency and withdrawing from the lawsuit. Shumate worked at the agency for two years.
MCCONNELL: TRUMP SHOULD CONSULT WITH GOP IN CONGRESS BEFORE ACTING: Senate Majority Leader Mitch McConnell said President Trump should consult with congressional Republicans more closely before making major policy announcements or floating nominations to major administrative or Cabinet positions. “That’s good advice,” McConnell, R-Ky., said during an interview with reporters in his Capitol Hill office. Trump is facing a backlash among the Senate GOP on Capitol Hill over his recent announcement, now withdrawn, that he wanted Congress to pass a bill to repeal and replace Obamacare this year.
SCOTT GOTTLIEB WARNS RITE AID ABOUT SELLING CBD COSMETICS: Former Food and Drug Administration Commissioner Scott Gottlieb said Thursday that Rite Aid is likely to run into regulatory trouble with its decision to sell CBD in creams, lotions, and lip balms this month in 200 stores across Washington and Oregon. CBD is not intoxicating, but the FDA has not approved it to be added to food or into supplements.
DRINKING ALLOWED: FDA ROLLS BACK ALCOHOL RESTRICTION ON FEMALE LIBIDO PILL: Users of the first FDA-approved female libido medication can now drink alcohol while on it — just not two hours before taking the pill. The change is a win for Sprout Pharmaceuticals, which has had trouble with sales of flibanserin, marketed as Addyi, because of the agency’s prior total prohibition on imbibing while using the medication.
FDA LAUNCHES REVIEW OF HAND SANITIZER INGREDIENTS: The FDA announced Thursday that it will investigate the three most common active ingredients in hand sanitizers to make sure they are safe and effective. Manufacturers of hand sanitizers will provide the FDA with more information about the three ingredients used in about 97 percent of all hand sanitizers to verify that they are safe for daily use. The FDA, said, however, that the announcement does not mean it believes the ingredients to be unsafe or harmful.
GRASSLEY WANTS ANSWERS ABOUT HHS CYBERSECURITY: Grassley is seeking details about the Department of Health and Human Services’ plans to implement new cyber security policies to reduce the likelihood of security breaches after an inspector general audit. The report was based on two years of network security testing, which found numerous systems vulnerabilities ranging from “critical” to “low” risk in several agencies within the department.
NJ GOVERNOR SIGNS MENTAL HEALTH LEGISLATION: New Jersey Governor Phil Murphy, a Democrat, signed legislation Thursday that requires health insurers to provide coverage for mental health conditions and substance use disorders under the same terms and conditions as provided for any other sickness. “Providing access to health care remains a priority for my administration and we will continue to work to remove obstacles that hinder people’s abilities to receive the care they need,” Murphy said.
GAY AND BISEXUAL MEN ARE MORE LIKELY TO CONTRACT EXTRAGENITAL STDS: STUDY: New Centers for Disease Control and Prevention data suggest that men who have sex with men are at elevated risk for extragenital STDs (e.g., chlamydia or gonorrhea in the throat or rectum), which can be difficult to treat, lead to drug resistance, and increase the risk of HIV infection.
The Rundown
The New York Times Abnormal levels of a protein linked to C.T.E. found in N.F.L players’ brains, study shows
The Hill GOP senator issues stark warning to Republicans on health care
The Sacramento Bee Meet the Sacramento runner with nonverbal autism competing in the Boston Marathon
Associated Press Tennessee House advances bill seeking to overhaul Medicaid
The Washington Post New York City vaccination order shines spotlight on insular Jewish community
Calendar
FRIDAY | April 12
April 10-12. Marriott Marquis. Business Health Agenda Conference. Agenda.
MONDAY | April 15
House and Senate in recess.
WEDNESDAY | April 17
Noon. Dirksen G-50. Alliance for Health Policy event on “Right Care, Right Patient, Right Time: The Role of Comparative Effectiveness Research.” Details.
