Policy Brief: Week of February 3rd
They Are Coming for A National Abortion Ban
With Executive Orders being rolled out in the middle of the night and at such a rapid pace, on top of an active Coup at the Department of Treasury, I have been trying to wade through all the information and learn what has standing/ precedent and what is just a distraction. With that out of the way, let’s get into it.
Legislation I’m Watching
HR 629 : Amendment to Prohibit Chemical Abortions
What is it: A bill that would Prohibit medical abortions ( medication induced abortions that usually are a combination of two pills: mifepristone (1 pill) and misoprostol (4-6 pills))
Why does this matter- the WHO listed these medications as essential medicines since 2005. These medicines also have important uses outside of abortion care such as addressing cushing syndrome and uterine leiomyomas. Access to this essential medicines are apart of the right to the highest attainable standard of health and is well- founded in numerous international human rights treaties
Status it has been Introduced to the Judiciary Committee in the House
HR 722: A National Abortion Ban
What is it: It lays the groundwork for a national abortion ban and government control over personal medical decisions by giving “personhood” to a fetus. This legislation aims at changing the 14th amendment to “To implement equal protection under the 14th article of amendment to the Constitution for the right to life of each born and preborn human person”
This bill will: Grant legal rights to fetus, criminalizing abortion nationwide, Block access to fertility treatments like IVF, Interfere with birth control and essential reproductive care.
Status it has been Introduced to the Judiciary Committee in the House
Legislation overturning The FACE Act
The Freedom of Access to Clinic Entrances (FACE) Act is a federal law, signed by President Bill Clinton in 1994, that prohibits the use of force, threats, or obstruction to prevent people from accessing reproductive health care or places of worship, as well as damaging or destroying these facilities. It also bans using force, threats, or obstruction to interfere with people’s First Amendment right to religious freedom. The law can be enforced by reproductive health care providers, state attorneys general, and the federal government, and it has been used to prosecute pro-life activists, sometimes for peaceful actions such as praying outside abortion clinics.
On his first day in office, President Donald Trump signed dozens of executive orders but none pertained to abortion. Then, on his fifth day, the Department of Justice released a memo aiming to weaken enforcement of a law protecting reproductive health centers. The Trump Administration instructed federal prosecutors to limit prosecutions concerning the Freedom of Access to Clinic Entrances (FACE) Act — citing unfair prosecution against anti-abortion protesters, according to the Jan. 24 memo released by the Department of Justice.
What the FACE Act prohibits:
Using force, threats, or obstruction to prevent people from getting reproductive health care
Damaging or destroying reproductive health care facilities or places of worship
Using force, threats, or obstruction to prevent people from exercising their First Amendment right to religious freedom
How the FACE Act has been used:
The FACE Act has been used to prosecute pro-life activists, sometimes for peaceful actions like praying outside of abortion clinics
The Trump administration limited enforcement of the FACE Act, instructing prosecutors to only enforce it in "extraordinary circumstances"
The Comstock Act aka an 1870s Chastity Law
Trump is looking at enacting this Act to seize contraceptives and condoms as well as barring birth control and abortion drugs/ devices. This would also prohibit the mailing of many. This Chastity law was written before women could vote.
What I’m Watching in the Courts
On January 31, 2025, a Louisiana grand jury indicted Dr. Carpenter, a New York physician, on felony charges for prescribing abortion pills to a minor in Louisiana. She is also facing a civil lawsuit from Texas Attorney General Ken Paxton, and a warrant has been issued for her arrest. The minor and her mother have been charged as well. In a statement, New York Attorney General Letitia James condemned the charges against Dr. Carpenter as a “cowardly attempt” to “weaponize the law against out-of-state providers,” adding, “We will not allow bad actors to undermine our providers’ ability to deliver critical care.” It is important to clarify that if a minor is pregnant, that means that they are not of age to consent to sex, therefore legally this minor was raped (Texas has no exception for situations of rape and more states look to enact the same policy).
This case is a major test of whether states can prosecute abortion providers outside their borders and of the power of states that support abortion rights to shield providers from such prosecutions. It is the first time a state has brought criminal charges against an abortion provider since Roe v. Wade was overturned in 2022.
In response, New York Gov Kathy Hochul signed a bill to shield the identifies of doctors who prescribe abortion medications. Hochul, a Democrat, said she would not sign an extradition request to send Carpenter to Louisiana and said authorities in Louisiana discovered the name of the doctor because it was on the medication label.
What I’m Watching on the World Stage
Trump withdraws the US from the United Nations Human Rights Council: Not only does this allow a blank check for the United States to (illegally) invading The Gaza Strip. The Human Rights Council meets annually to discuss human rights issues with a mission of “strengthening the promotion and protection of human rights around the globe”. Make no mistake that bodily autonomy and reproductive rights is a Human Right. By withdrawing from this agency, we are signally to the world that the United States no longer sees “inalienable rights” as rule of law.
Marco Rubio was confirmed as Secretary of State, where he is expected to implement the Global Gag Rule, limiting abortion access worldwide.
As part of President Donald Trump's first week in office, he reinstated the "Global Gag Rule"—a sweeping policy that will decrease abortion access in countries around the world. This policy defunds health organizations in other countries that provide abortion services or even information, regardless of circumstances, including in cases of sexual assault.
The new executive order reflects Project 2025's agenda to expand the Global Gag Rule even further, targeting an estimated $51 billion in foreign assistance, including humanitarian aid. If implemented, this expansion would have catastrophic effects on global health and human rights. Read more about how this move jeopardizes billions in funding for global reproductive rights.
In response, the Center for Reproductive Rights is relaunching its Global Gag Rule Pro Bono Clearinghouse. First established during Trump's previous administration, this initiative mobilizes leading global law firms to provide pro bono legal supportfor NGOs impacted by the Global Gag Rule. This vital resource aims to help organizations navigate legal challenges, ensure compliance, and continue their critical work.
The Most Common Way People Give Up Their Power is By Thinking They Don’t Have Any. - Alice Walker
TAKE ACTION NOW
It’s so much easier to live life with your head in the sand, see all these terrible policies rolling out, panicking/ getting upset/ overwhelmed and then doing nothing. Unfortunately, the five alarm emergency bells are going off now and we don’t have the privilege of doing nothing. These roll back of human rights aren’t just stopping with women’s rights. They aren’t stopping with leaving it up to the states to decide on the topic of abortion. They are going to be coming for EVERYONE.
If you are a medical professional, know your right to provide abortion care.
Join your local Indivisible movement, Working Families, or local activist group.
Call your Senator and demand they vote “NO” on RFK for Secretary of Health- In a response during his hearing, RFK said he “doesn’t” know if women should have the right to emergency abortion care for life- threatening conditions.
Please make a separate call and email to tell them to vote “NO” on Vought (if you ask for multiple things on one call, it gets logged differently by staffers. One call = one demand).
Join Reproductive Equity Now, Donate to the ACLU, Donate to Yellowhammer Fund, Florida Access Network, SPARK reproductive Justice etc.
As of right now, ALL 50 STATES CAN GET ACCESS TO ABORTION MEDICATION. Do not wait. Order yours here
With tariffs and us entering a period of isiolationism, more mutual aid is going to be needed than ever before. Going to the grocery store? Pick up an extra package of tampons or pads to donate to your local women’s shelter/ nonprofit advocacy center. Little things add up.
It’s a scary time but the power is with us, the people. If we don’t stay informed, continue to take care of our most vulnerable, and continuing to stay loud on these injustices- we are in trouble. IDK about you but I’m not going down to these oligarchs.
Take care of yourself, and if you can, someone else too.