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ACLU/PPFA sue three states for treating elective abortions as “non-essential” surgery in their efforts to contain spread of coronavirus

Mar 30, 2020

By Dave Andrusko

A headline for a Friday Des Moines Register story, written by Barbara Rodriquez, read: “Governor’s office says order suspending ‘non-essential’ surgery includes surgical abortions.”

And another headline, from a story in today’s Hill gives us a predictable response: “Planned Parenthood, ACLU sue three states over abortion restrictions during pandemic.” 

Iowa is one of the  three, Jessie Hellmann writes. The other two states are Ohio and Alabama.

Pro-life Iowa Gov. Kim Reynolds issued her proclamation on Thursday, Rodriquez explained. “The proclamation defines a non-essential surgery or procedure as ‘one that can be delayed without undue risk to the current or future health of a patient.’ That includes considering ‘all appropriate factors’ including but not limited to:

  • Threat to the patient’s life if the surgery or procedure is not performed.
  • Threat of permanent dysfunction of an extremity or organ system.
  • Risk of metastasis or progression of staging.
  • Risk of rapidly worsening to severe symptoms.

According to Rodriquez, Pat Garrett, a spokesman for Gov. Reynolds, said in an email on Friday, “Proclamation suspends all nonessential or elective surgeries and procedures until April 16th, that includes surgical abortion procedures.”

Meanwhile, the usual duo—Planned Parenthood and the ACLU—sued government officials in Iowa, Ohio, and Alabama “to ensure access to abortion during the coronavirus pandemic,” Hellmann writes. “A global pandemic is not an excuse to attack essential, time-sensitive medical procedures like abortion,” complained Alexis McGill Johnson, acting president and CEO of Planned Parenthood Federation of America.

In addition, as reported last week, Planned Parenthood and the Center for Reproductive Rights sued Texas Gov. Greg Abbott (R) who suspended non-essential medical procedures amid the coronavirus outbreak and did not exempt elective abortions.

“The suit claims the suspension is an unconstitutional infringement on the ‘right’ to abortion, enforcement of which should be immediately blocked,” Calvin Freiburger reported. “It also claims the wording of Paxton’s ‘any type of abortion; decree could be interpreted as prohibiting the use of abortion pills, despite the fact that the passage in question refers to ‘scheduled healthcare procedures,’ not products.”

According to the Hill’s Hellemann, “Meanwhile, governors in  Virginia, New Jersey, Washington and New York have said abortion is an essential medical procedure that can be continued during the pandemic.”

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