Posted on Jul 4, 2022
Doctors weren't considered in Dobbs, but now they're on abortion's legal front lines
219
7
1
5
5
0
https://www.npr.org/sections/health-shots/2022/07/03/ [login to see] /doctors-werent-considered-in-dobbs-but-now-theyre-on-abortions-legal-front-lines
Historically, doctors have played a big role in abortion's legality. Back in the 1860s, physicians with the newly-formed American Medical Association worked to outlaw abortion in the U.S.
A century later, they were doing the opposite.
In the 1950s and 1960s, when states were liberalizing abortion laws, "the charge for that actually came from doctors who said, 'This is insane, we can't practice medicine, we can't exercise our medical judgment if you're telling us that this is off the table,' " explains Melissa Murray, law professor at New York University.
The Supreme Court ruled in doctors' favor in Roe v. Wade in 1973. The majority opinion spoke of "the right of a woman in consultation with her physician to choose an abortion," Murray says.
Yet doctors and patients are all but absent from the latest Supreme Court majority opinion on abortion in Dobbs v. Jackson Women's Health Organization. In fact, in the opinion, Justice Samuel Alito uses the derogatory term "abortionist" instead of physician or doctor or obstetrician-gynecologist.
Historically, doctors have played a big role in abortion's legality. Back in the 1860s, physicians with the newly-formed American Medical Association worked to outlaw abortion in the U.S.
A century later, they were doing the opposite.
In the 1950s and 1960s, when states were liberalizing abortion laws, "the charge for that actually came from doctors who said, 'This is insane, we can't practice medicine, we can't exercise our medical judgment if you're telling us that this is off the table,' " explains Melissa Murray, law professor at New York University.
The Supreme Court ruled in doctors' favor in Roe v. Wade in 1973. The majority opinion spoke of "the right of a woman in consultation with her physician to choose an abortion," Murray says.
Yet doctors and patients are all but absent from the latest Supreme Court majority opinion on abortion in Dobbs v. Jackson Women's Health Organization. In fact, in the opinion, Justice Samuel Alito uses the derogatory term "abortionist" instead of physician or doctor or obstetrician-gynecologist.
Doctors weren't considered in Dobbs, but now they're on abortion's legal front lines
Posted from npr.org
Supreme Court
Abortion
Medical
Health
American History
Posted 2 y ago
Responses: 1
2
2
0
PO1 William "Chip" Nagel
..."he role of doctors ahead
Physicians who provide abortions are in an incredibly difficult spot as they try to navigate the new legal landscape, especially in cases where a pregnant patient is sick or has complications. Intervene, and you risk violating the law and being sued, losing your medical license, even going to jail. Don't intervene and you could be risking your patient's life, and potentially being sued by the patient or family.
"We are hearing from our doctors on the ground at all times of day and night," says Meegan of ACOG. "They are scared, they are in an impossible situation, and they don't know how to define laws that are happening by the minute."
Dr. Katie McHugh is an OB-GYN who provides labor and delivery and abortion care at several clinics around Indiana, where abortion is currently still legal. Since the Supreme Court decision, she's seen a wave of new patients coming from Ohio, Tennessee, and Kentucky for abortion care. She's trying to keep track of the laws in these neighboring states to know what she can do for these patients.
"We're trying to be very, very careful," she says. "Especially as things are evolving, I'm sure that I have made a mistake. And it is so scary to me to know that I'm not only worrying about my patients' medical safety, which I always worry about, but now I am worrying about their legal safety, my own legal safety."
"The criminalization of both patients and providers is incredibly disruptive to just normal patient care," she adds.
The legal landscape is very much in flux. Bans are going into effect, some have been blocked by judges, and new restrictions are being drafted by state lawmakers. The laws that are in effect are often confusing and unclear, and doctors warn that is likely to affect care beyond abortion, including miscarriage care and treatment for ectopic pregnancy and more.
It could be that doctors' groups like the American Medical Association and ACOG get involved in the legal fight here and again play a role in pushing to liberalize abortion laws, just like they did decades ago.
"I think that medical societies have a responsibility and an influence that should be used right now," says Meegan. She notes AMA recently adopted a resolution that defines abortion as a human right, and that many organized medical groups across specialties are united in fighting against the criminalization of medical care.
"Recent political and legal mobilizations around abortion have not been led by doctors," notes Ziegler. "Historically, doctors have been a really big reason abortion was decriminalized before, and if [they're] going to be again, I think you have to have the medical profession potentially be more outspoken and united in talking about this than it has been to date."
..."he role of doctors ahead
Physicians who provide abortions are in an incredibly difficult spot as they try to navigate the new legal landscape, especially in cases where a pregnant patient is sick or has complications. Intervene, and you risk violating the law and being sued, losing your medical license, even going to jail. Don't intervene and you could be risking your patient's life, and potentially being sued by the patient or family.
"We are hearing from our doctors on the ground at all times of day and night," says Meegan of ACOG. "They are scared, they are in an impossible situation, and they don't know how to define laws that are happening by the minute."
Dr. Katie McHugh is an OB-GYN who provides labor and delivery and abortion care at several clinics around Indiana, where abortion is currently still legal. Since the Supreme Court decision, she's seen a wave of new patients coming from Ohio, Tennessee, and Kentucky for abortion care. She's trying to keep track of the laws in these neighboring states to know what she can do for these patients.
"We're trying to be very, very careful," she says. "Especially as things are evolving, I'm sure that I have made a mistake. And it is so scary to me to know that I'm not only worrying about my patients' medical safety, which I always worry about, but now I am worrying about their legal safety, my own legal safety."
"The criminalization of both patients and providers is incredibly disruptive to just normal patient care," she adds.
The legal landscape is very much in flux. Bans are going into effect, some have been blocked by judges, and new restrictions are being drafted by state lawmakers. The laws that are in effect are often confusing and unclear, and doctors warn that is likely to affect care beyond abortion, including miscarriage care and treatment for ectopic pregnancy and more.
It could be that doctors' groups like the American Medical Association and ACOG get involved in the legal fight here and again play a role in pushing to liberalize abortion laws, just like they did decades ago.
"I think that medical societies have a responsibility and an influence that should be used right now," says Meegan. She notes AMA recently adopted a resolution that defines abortion as a human right, and that many organized medical groups across specialties are united in fighting against the criminalization of medical care.
"Recent political and legal mobilizations around abortion have not been led by doctors," notes Ziegler. "Historically, doctors have been a really big reason abortion was decriminalized before, and if [they're] going to be again, I think you have to have the medical profession potentially be more outspoken and united in talking about this than it has been to date."
(2)
(0)
Read This Next
Continue with Facebook 
Continue with Google