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'Not Sick Enough Yet': Report Details Harms of Florida Abortion Ban
For one patient, doctors "had to wait for her creatinine to bump and her kidneys to be about to fail" before they could even offer her abortion care.
Sep 17, 2024
As new reporting on Amber Nicole Thurman's death highlights the dangers of Georgia Republicans' six-week abortion ban, a human rights group on Tuesday released a research brief about how a similar policy in a neighboring state "harms the health and safety of Florida patients while obstructing clinicians from providing basic reproductive and maternal medical care."
The Physicians for Human Rights (PHR) report, Delayed and Denied: How Florida's Abortion Ban Criminalizes Medical Care, focuses on the prohibition that was signed by Republican Gov. Ron DeSantis last year but didn't take effect until May, following a state Supreme Court ruling.
The PHR brief follows late May reporting on how wait times soared at abortion clinics in the states closest to Florida after its ban took effect and the Guttmacher Institute's findings from last week that the law led to a "substantial drop" in clinician-provided abortions across the state, in part because many people don't even know they are pregnant until after six weeks.
"Florida clinicians shared harrowing accounts of how routine medical care has been delayed, denied, and deviated from standards of care."
This summer, PHR interviewed 25 of Florida's reproductive healthcare providers about their experiences caring for pregnant patients under the six-week ban. Brief co-author Dr. Michele Heisler said in a Tuesday statement that "Florida clinicians shared harrowing accounts of how routine medical care has been delayed, denied, and deviated from standards of care."
"Not only abortion care but miscarriage and broader maternal healthcare have suffered gravely due to the state's ban," noted Heisler, PHR's medical director and a professor of internal medicine and public health at the University of Michigan.
"Our research brief sheds new light on the health and rights crisis fueled by Florida's abortion ban—on patients, providers, and the medical system as a whole," she said. "Under the state's abortion ban, Floridians have lost their reproductive autonomy."
One Florida doctor in private practice told PHR that "with the six-week ban, I would say it is more like the inability to really offer anything at all now. I mean, we see patients for their new obstetrician-gynecologist visits usually around eight weeks, and sometimes we see them earlier, if they are having bleeding or other issues where we end up scanning them earlier."
"But I do not think I have ever had a viable pregnancy that was less than six weeks that I could offer a termination," the OB-GYN said. "They are never less than six weeks, so it is essentially impossible. By the time we see them for their first visit, that option is already gone."
Florida's ban technically allows some abortions after six weeks—in cases of rape and incest, or to protect the health of the pregnant person—though medical professionals and reproductive rights advocates often point out that many patients are still denied legal care even with the limited "exceptions" in place.
Before the current law, Floridians were living under a 15-week ban, which took effect in the wake of the U.S. Supreme Court's right-wing supermajority reversingRoe v. Wade with its June 2022 Dobbs v. Jackson Women's Health Organization ruling.
One doctor who spoke with PHR recalled a story from that period: "I strongly remember a patient who had severe kidney disease and was admitted to the hospital and was teetering on the edge of that 15 weeks. I think she was 14 weeks or so, and she got admitted, and we were trying to figure out how best to help her. She was getting sicker and sicker."
"[We] had to bring it to the head people of the hospital and be like, 'What are we allowed to do?' And they were like, 'She is not sick enough yet.' And we had to wait for her to get sicker before we were even allowed to offer her termination. And she was past 15 weeks at that point," the OB-GYN explained.
"I think it took over two weeks for us to get an answer from the hospital administrators," the doctor added. "So that hit very strongly, because it was kind of insane that we had to wait for her to become sicker. We had to wait for her creatinine to bump and her kidneys to be about to fail before we were allowed to even offer her [termination]. Then we had to jump through so many hoops to be able to do it. It really changed everything that we did in our practice."
The report features several other stories of patient and provider frustrations and the dangers created by the six-week ban.
"The findings of PHR's research brief demonstrate the need to remove Florida's extreme abortion ban and restore access to comprehensive reproductive healthcare in the state," argued Payal Shah, brief co-author and the group's director of advocacy, legal, and research. "Both patients and providers are trapped in an unworkable legal landscape."
"Despite state health agency statements to the contrary, the state's abortion ban is an egregious intrusion on patient autonomy that is causing medical harm," Shah added. "The ban's criminal penalties and narrow, vague exceptions have compelled clinicians to deviate from established standards of care and medical ethics. These impacts constitute violations of Floridians' human rights."
Florida voters will soon have an opportunity to restore much broader access to abortion care. This November, they can vote "yes" on Amendment 4, a state constitutional amendment backed by Floridians Protecting Freedom that would enshrine the right to abortion before viability in Florida.
Former President Donald Trump, a Florida resident and the Republican nominee facing Democratic Vice President Kamala Harris in the battle for the White House, confirmed last month that he plans to vote "no" on the ballot measure. In response, Harris said that "I trust women to make their own healthcare decisions and believe the government should never come between a woman and her doctor... The choice in this election is clear."
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'Unhinged and Undemocratic': Florida Cops Question Abortion Petition Signers
"This is what state-authorized election interference looks like," said the ACLU of Florida.
Sep 06, 2024
Floridians and reproductive rights advocates responded with alarm on Friday to Tampa Bay Timesreporting that Florida law enforcement officers have been sent to the homes of multiple voters who signed a petition to get an abortion rights measure on the November ballot.
While Isaac Menasche told the newspaper that he isn't sure which agency the plainclothes officer who came to his home is with, fellow Lee County resident Becky Castellanos said Florida Department of Law Enforcement Officer Gary Negrinelli showed his badge and gave his card.
Both visits were about potential fraud related to the petition for Amendment 4, which would outlaw pre-viability abortion bans in Florida. Menasche was asked if he signed the petition, which he had. Negrinelli inquired about Castellanos' relative, who also signed the petition.
"This is pure voter intimidation, just like with the 'election police' in 2022. It's Gestapo tactics."
The officer inquiries appear "to be part of a broad—and unusual—effort by Gov. Ron DeSantis' administration to inspect thousands of already verified and validated petitions for Amendment 4 in the final two months before Election Day," the Times reported.
The Republican governor signed the state's six-week ban that would end if the ballot measure passes. He has also faced criticism for creating an Office of Election Crimes and Security, whose work has led to the arrest of Floridians who believed they were legally allowed to vote following the passage of a referendum that restored voting rights to many people with past felony convictions.
As the Times detailed Friday:
Since last week, DeSantis' secretary of state has ordered elections supervisors in at leastfour counties to send to Tallahassee at least 36,000 petition forms already deemed to have been signed by real people. Since the Timesfirst reported on this effort, Alachua and Broward counties have confirmed they also received requests from the state.
One 16-year supervisor said the request was unprecedented. The state did not ask for rejected petitions, which have been the basis for past fraud cases.
While Department of State spokesperson Ryan Ash said the agency has "uncovered evidence of illegal conduct with fraudulent petitions" and "we have a duty to seek justice for Florida citizens who were victimized," a representative for the coalition behind Amendment 4 criticized the state effort.
"This is very clearly a fishing expedition," ACLU of Florida spokesperson Keisha Mulfort, whose group is part of Floridians Protecting Freedom, told the Times. "It is more important than ever for Floridians to reject these authoritarian tactics and vote yes on Amendment 4 in November."
Promoting the report on social media, the ACLU of Florida added, "This is what state-authorized election interference looks like."
Democrats in the state were similarly critical. Florida state Rep. Anna V. Eskamani (D-42) shared a social media post in which Menasche described feeling "shaken" and "troubled" by the encounter with the officer.
"This is unhinged and undemocratic behavior being pushed by DeSantis and his cronies in an effort to continue our state's near total abortion ban," said Eskamani. "It's clear voter intimidation and plain corruption—continue to call it out and fight back. Vote @yes4florida and spread the word."
Responding to Eskamani, Pamela Castellana, chair of the Brevard Democratic Executive Committee, said: "This literally took my breath away. This is pure voter intimidation, just like with the 'election police' in 2022. It's Gestapo tactics. If you live in Florida you know. If you don't—please help me get the word out. Stop authoritarianism."
Journalist Jessica Valenti argued Friday that Republicans "don't care that voters want abortion rights restored—and if they need to dismantle democracy to keep it banned, so be it."
"We've seen lots of Republican attacks on pro-choice ballot measures—but what makes this one especially insidious is that it's trying to gaslight Americans into thinking that voters don't really want abortion rights restored, but that the overwhelming support is fabricated," she added.
In addition to raising concerns about the fraud allegations, Amendment 4 supporters are outraged over the Florida Agency for Health Care Administration on Thursday launching a webpage claiming that the ballot measure "threatens women's safety."
Florida Senate Minority Leader Lauren Book (D-35) pledged that she is looking into "appropriate legal action," while Bacardi Jackson, executive director of the ACLU of Florida, said in a statement that "this kind of propaganda issued by the state, using taxpayer money and operating outside of the political process, sets a dangerous precedent."
"This is what we would expect to see from an authoritarian regime," added Jackson, "not in the so-called 'Free State of Florida.'"
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Trump Says He Plans to Vote 'No' on Florida Abortion Rights Measure
"He will vote to uphold an abortion ban so extreme it applies before many women even know they are pregnant," said Democratic nominee Kamala Harris. "The choice in this election is clear."
Aug 30, 2024
After deflecting reporters' questions earlier this month, former U.S. President Donald Trump, the Republican nominee, finally confirmed on Friday that he plans to vote against a Florida ballot measure that would end the state's strict abortion ban.
Amendment 4 would would outlaw pre-viability abortion bans in Florida, where Republican Gov. Ron DeSantis' six-week ban is currently in effect, forcing many patients to travel long distances to receive care in other states.
The Trump War Room account on the social media platform X, formerly Twitter, shared a video of Trump's new comments to Fox News and falsely claimed the proposed amendment would legalize abortions through the ninth month of pregnancy, echoing the GOP candidate's lies in the interview.
"You need more time than six weeks. I've disagreed with that right from the early primaries. When I heard about it, I disagreed with it," Trump told Fox News. "At the same time, the Democrats are radical because the nine months is just a ridiculous situation."
"You can do an abortion in the ninth month, and you know, some of the states, like Minnesota and other states, have it where you can actually execute the baby after birth, and all of that stuff is unacceptable," he added. "So I'll be voting no for that reason."
In response, Democratic strategist and consultant Sawyer Hackett said: "There it is. Trump supports states passing total abortion bans. No question he will sign a national abortion ban if it's put on his desk."
Laws like Florida's are effectively total bans on abortion because the window in which patients can receive care often passes before they even know they are pregnant. GOP efforts to enact such state policies have ramped up since the U.S. Supreme Court's right-wing supermajority—which includes three Trump appointees—reversedRoe v. Wade in 2022.
Trump's confirmation of how he plans to vote on Amendment 4 and dishonesty about abortion laws in Democrat-controlled states came a day after he told an NBC News reporter that "it has to be more time" than six weeks but refused to answer whether he would be voting "yes" or "no" on his state's ballot measure—and then bragged about his role in reversing Roe.
"Really cannot trust anything Trump says, but gotta love it when anti-abortion politicians (including Trump who created the pathway for Roe to be overturned!!) is now all squirmy when it comes to Florida's near-total abortion ban," Florida state Rep. Anna V. Eskamani (D-42) said about his remarks to NBC, urging Floridians to vote yes on Amendment 4.
Amendment 4 has been championed by Floridians Protecting Freedom, a coalition that includes the ACLU of Florida, Florida Rising, Women's Voices of Southwest Florida, Florida Women's Freedom Coalition, SEIU 1199 Florida, and Planned Parenthood organizations in the state.
Trump was previously asked about the ballot measure during an August 8 press conference from Mar-a-Lago, his residence in Palm Beach. At the time, he told reporters he would hold an event to reveal his position at a later date and claimed that abortion "seems to be much less of an issue."
The Democratic nominee, Vice President Kamala Harris, and her running mate, Minnesota Gov. Tim Walz, have worked to make reproductive freedom a key issue in this contest, and their campaign swiftly responded to Trump's Friday remarks.
"Donald Trump just made his position on abortion very clear: He will vote to uphold an abortion ban so extreme it applies before many women even know they are pregnant," Harris said. "Trump proudly brags about the role that he played in overturning Roe v. Wade and said there should be punishment for women who have an abortion. So, of course he thinks it's a 'beautiful thing' that women in Florida and across the country are being turned away from emergency rooms, face life-threatening situations, and are forced to travel hundreds of miles for the care they need."
"And, understand: He is not done," she warned. "As a part of Donald Trump's Project 2025 agenda, he and his allies would limit access to birth control, threaten access to fertility treatments, and ban abortion nationwide, with or without Congress."
Harris stressed that "I trust women to make their own healthcare decisions and believe the government should never come between a woman and her doctor. When I'm president and Congress passes a bill to restore reproductive freedom, I will proudly sign it into law. The choice in this election is clear."
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