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Federal judge dismisses suit against Catholic hospital that withheld emergency abortion care

A federal judge on Monday dismissed a lawsuit filed by the American Civil Liberties Union (ACLU) of Michigan that challenged a Catholic health system for allegedly violating federal law by withholding emergency abortion care for women experiencing pregnancy complications, the Detroit News reports (Williams, Detroit News, 4/11).

Background

Catholic hospitals operate under the Ethical and Religious Directives for Catholic Health Care Services, which ban Catholic facilities from performing abortion, sterilizations and certain other procedures. The number of Catholic hospitals in the United States increased by 16 percent from 2001 to 2011 (Women's Health Policy Report, 2/22).

In July 2015, ACLU of Michigan and ACLU filed the lawsuit on behalf of their members against Trinity Health Corporation, a Catholic health care system (U.S. District Court ruling, 4/11). The system includes 86 facilities in 21 states.

The lawsuit alleged that Trinity violated the Emergency Medical Treatment and Active Labor Act (EMTALA) by withholding emergency abortion care from women suffering from pregnancy complications who presented for care at Trinity hospital emergency departments (ED) (Dalbey, Plymouth-Canton Patch, 4/11). Under EMTALA, Medicare-participating hospitals with EDs are required to provide stabilizing treatment to patients with emergency medical conditions (Women's Health Policy Report, 2/22).

Specifically, the lawsuit alleged that at least one of ACLU of Michigan's members "suffered severe harm" because of a Trinity hospital's compliance with the Catholic directives, while other members, including one pregnant member, is at risk for future harm (U.S. District Court ruling, 4/11).

Monday's ruling

On Monday, U.S. District Judge Gershwin Drain granted a motion filed by Trinity to dismiss ACLU's complaint.

In the motion, Trinity claimed that ACLU lacked standing to bring the lawsuit on behalf of a woman denied care or on behalf of women who might be at risk during a current or future pregnancy. Drain in his ruling agreed with Trinity, stating that ACLU did not sufficiently demonstrate how its members were harmed by the hospital system.

Drain also said ACLU's argument that Trinity's policy withholding emergency abortion care could harm pregnant women in the future was speculative.

Alexa Kolbi-Molinas, an attorney at ACLU, said the ruling will have "grave implications" for pregnant women and those close to them. She stated, "It is important to recognize that the court's decision says nothing about whether Trinity's policies of withholding emergency abortions from women is lawful." She added, "We are considering next steps in this case and will continue to fight for pregnant women who are denied potentially life-saving care because doctors are forced to follow religious directives rather than best medical practices" (Detroit News, 4/11).

Video Round Up

Broadly shares a behind-the-scenes clip from "Across the Line," a virtual reality documentary that uses video and audio recordings from antiabortion-rights protests at U.S. clinics to show viewers what many women experience when trying to access abortion care.

Video Round Up

In this clip, RTV6's Katie Heinz discusses a new social medial campaign launched in reaction to a harmful Indiana law (HB 1337) that bans abortion care based on the sex of the fetus or a fetal disability diagnosis, among other restrictions.

Video Round Up

In this clip, Fox 17 News' Michele DeSelms covers legislation (HB 4787, HB 4830) passed last week in the Michigan House that would penalize individuals who coerce a woman into receiving an abortion.

Video Round Up

In part of a longer clip covering multiple topics, Reuters TV reports on an omnibus antiabortion-rights measure (HB 1411) recently signed into law by Florida Gov. Rick Scott (R) that bars local health departments from distributing funds for non-abortion-related care to organizations affiliated with abortion providers, among several other provisions.

Video Round Up

WTVF's Chris Conte reports on the outcome of a Tennessee House subcommittee hearing, which advanced one antiabortion-rights bill while deferring or withdrawing several others.

Video Round Up

In this clip, Los Angeles Times reporter Molly Hennessy-Fiske hears from Kristeena Banda -- a clinic administrator at Whole Woman's Health, an abortion clinic in McAllen, Texas -- about what is at stake in a legal challenge to parts of Texas' omnibus antiabortion-rights law (HB 2).

Video Round Up

13 News WOWK reporter Alyssa Meisner interviews several women in West Virginia about Nurx, a smartphone application that helps women access birth control.

Video Round Up

In a segment on HB 2, comedian Samantha Bee interviews Ilyse Hogue, president of NARAL Pro-Choice America, and Texas Rep. Dan Flynn (R), one of the bill's authors, for TBS' "Full Frontal with Samantha Bee," Vox reports.

Video Round Up

John Oliver on HBO's "Last Week Tonight with John Oliver" discusses the proliferation of attacks on abortion rights in the United States and comments on how such restrictions affect a woman's access to abortion care.

Video Round Up

MSNBC's Andrea Mitchell hears from Nancy Northup, president of the Center for Reproductive Rights, about oral arguments before the Supreme Court in a case challenging provisions of Texas' omnibus antiabortion-rights law (HB 2).

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Datapoints

This map, from Bloomberg Business, highlights the rapid decline in abortion access in the United States since 2011.

Datapoints

These maps, compiled using data from the New York Times and the Guttmacher Institute, underscore findings from a recent Times investigation, including that there were more than 700,000 searches for how to self-induce an abortion in 2015.

Datapoints

This chart, compiled by NPR, shows how the majority of countries affected by the Zika virus, which might be linked to a severe birth defect, curb access to contraception and abortion care.

Datapoints

In this map, Center for American Progress' "ThinkProgress" spotlights the 12 states that have cleared Planned Parenthood of any wrongdoing after launching investigations into the organization.

Datapoints

In its latest report card, the Population Institute provides a snapshot of the condition of reproductive rights and health in each state in 2015.

Datapoints

The Guttmacher Institute in this graph shows the rapid increase in the number of state abortion restrictions over the past few years.

Datapoints

In this map, the Kaiser Family Foundation shows how widely abortion coverage varies from state to state in insurance plans sold through the Affordable Care Act's (PL 111-148) insurance marketplaces.

Datapoints

This infographic, released with a new Guttmacher Institute study, shows the increase in use of long-acting reversible contraception among U.S. women between 2002 and 2012.

Datapoints

This map, released with a study from the University of Michigan Health System, shows how an increasing number of state Medicaid programs over the last three years are providing reimbursement for immediate postpartum LARC provision.

Datapoints

In this infographic, the Guttmacher Institute shows how the proportion of uninsured reproductive-age women in the U.S. declined from 17.9% in 2013 to 13.9% in 2014, the first year in which the Affordable Care Act was implemented fully.

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At a Glance

"A woman's ability to end her pregnancy too often depends on where she lives, her age and how much money is in her pocket."

— Marcela Howell of In Our Own Voice: National Black Women's Reproductive Justice Agenda, discussing ongoing disparities in women's access to abortion care on the 43rd anniversary of Roe v. Wade.

At a Glance

"If women are not free to make decisions about their own lives and health, they are not free. And if women are not free, none of us are."

— Abortion provider Warren Hern, in a STAT News opinion piece on why he continues to offer abortion care despite receiving harassment and death threats throughout his 42-year career.

At a Glance

"Not since before Roe v. Wade has a law or court decision had the potential to devastate access to reproductive health care on such a sweeping scale."

— Nancy Northup, president and CEO of the Center for Reproductive Rights, on a ruling from the 5th U.S. Circuit Court of Appeals that upheld major portions of a Texas antiabortion-rights law.