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  • Don't buy right-wing media's gaslighting: Brett Kavanaugh is a threat to abortion access

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court, right-wing media have attempted to downplay the odds that, if confirmed, Kavanaugh would cast a deciding vote on abortion rights. In reality, Kavanaugh’s background demonstrates that he will most likely be key to overturning or further gutting Roe v. Wade -- and such an outcome would have devastating consequences for abortion access in the United States.

    On July 9, Trump nominated D.C. Circuit Court of Appeals Judge Brett Kavanaugh for the Supreme Court to fill a vacancy left after Justice Anthony Kennedy announced his retirement in late June. Kavanaugh’s name was included on a list put out by the White House that was “preapproved by the Federalist Society and the Heritage Foundation.” According to New York magazine, this list was “extremely important to Trump’s relationship with the conservative movement and particularly with conservative Christian leaders.” Subsequently, anti-abortion groups praised Kavanaugh’s nomination as an opportunity to finally overturn Roe v. Wade and put an end legal abortion. And despite right-wing media’s gaslighting, Kavanaugh's record demonstrates that he will likely do just that.

    Kavanaugh’s record on abortion suggests he’ll gladly overturn Roe or further curtail abortion rights

    In 2017, Kavanaugh dissented in a case involving an unaccompanied pregnant immigrant teen (called Jane Doe) who was in federal custody and wanted to have an abortion. The Department of Health and Human Services’ Office of Refugee Resettlement was prohibiting Doe from leaving the facility to have an abortion because the agency did not want to “facilitate” the practice.

    • As BuzzFeed News’ Zoe Tillman explained, Kavanaugh said in his dissent that the original order stopping the abortion was “in line with Supreme Court cases that said the government could have an interest in ‘favoring fetal life’” and “that it was not an ‘undue burden’ for the US government to say it wouldn’t ‘facilitate’ abortions for teens in custody.”
    • ThinkProgress’ Ian Millhiser further argued that “Kavanaugh’s approach” in the case, which would have required Doe to obtain a sponsor in the United States, “very well could have let the Trump administration run out the clock until she could no longer obtain a legal abortion” if the search lasted past Texas’ 20-week cut-off after which abortions are impermissible.

    Beyond the substance of his opinion in the Jane Doe case, others have pointed to Kavanaugh’s reliance on “coded language” as evidence of his underlying intentions about abortion rights.

    • HuffPost’s Laura Bassett pointed out that in his decision, Kavanaugh used “coded language that’s only ever employed by anti-abortion activists” by referring to “abortion on demand.”
    • NBC’s Heidi Przybyla also noted that “code” words like “abortion on demand” are “widely understood to be a signal for … views on Roe.” This language also mirrors that used frequently by right-wing media to fearmonger about abortion and to spread misinformation.

    Kavanaugh’s decision in Doe’s case, as well as his previous comments on abortion-related matters, also demonstrate that he might leave Roe on the books while still obliterating abortion rights.

    • As Slate’s Mark Joseph Stern explained, Kavanaugh has already proved that “he can pretend to adhere to Roe while hollowing out its core holding” as evidenced by his finding that the Trump administration did not place an “undue burden” on Doe’s ability to obtain an abortion.
    • Kavanaugh also praised former Chief Justice William Rehnquist’s dissent in Roe during a speech in 2017 -- which Rewire.News’ Jessica Mason Pieklo noted made sense, given that Rehnquist’s dissent in Roe and Kavanaugh’s dissent in the Jane Doe case both “fundamentally den[y] reproductive autonomy all while purporting to be respecting the bounds of the law.”

    Here’s what abortion access will probably look like with Kavanaugh on the Supreme Court

    Even before Kavanaugh was officially nominated, right-wing media were already claiming that a Trump-nominated justice wouldn’t be that bad for abortion access. However, with Kavanaugh on the court, a decision gutting or overturning of Roe is likely and would have devastating consequences.

    Although some (including Trump) have argued that overturning Roe will only return abortion regulations “back to the states,” this would functionally outlaw abortion across large parts of the country.

    • As the Center for Reproductive Rights’ Amy Myrick told Kaiser Health News’ Julie Rovner, “We think there are 22 states likely to ban abortion without Roe” due to “a combination of factors, including existing laws and regulations on the books and the positions of the governors and state legislatures.”
    • Reva Siegel, a professor at Yale Law School, wrote for The New York Times that returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free rein.

    Independent of how abortion is regulated, economic and logistical barriers that already impede access will only grow worse in a world without Roe. As Carole Joffe, a professor in the Advancing New Standards in Reproductive Health program at the University of California, San Francisco, explained:

    Geographic areas without access to abortion place an extreme burden on the disproportionate number of abortion patients who are poor (50 percent are below the official poverty line and another 25 percent are classified as low income). Besides having to pay for the procedure, they need the funds to pay for lodging (some states have waiting periods of 24 hours or more, necessitating overnight stays), child care (about 60 percent of abortion patients are already parents) and of course for the travel itself. And this journey also involves confronting one or more days of lost wages as well.

    • Historian Rickie Solinger wrote for Vox that people seeking abortions “will be forced to flout the law to achieve personal dignity and safety,” but those “with economic resources will continue to have more options and access than others.”

    Regardless of state regulations, conservatives have recently attempted to push federal regulation on abortion. As author and lecturer Scott Lemieux explained for Vox, “a Republican government with slightly larger Senate majorities than it has now would be able to pass national abortion regulations” that could outright or effectively ban abortion.

    Yet right-wing media are acting like Kavanaugh’s nomination is not a big deal for abortion access and attacking those who are concerned as “overreacting”

    Despite the threat that Kavanaugh poses to abortion rights, right-wing media have been busy gaslighting viewers in an apparent attempt to paint Kavanaugh as a “moderate” or otherwise suggest he wouldn’t overturn Roe:

    • Fox News contributor Katie Pavlich said on Fox News’ Outnumbered she was not “as a woman … worried about” Roe being overturned or losing access to contraceptives, and called such fears “scare tactics.”
    • Fox News contributor Byron York claimed on America’s Newsroom that because Kavanaugh “talked a lot about the role of women in his life” and “has two daughters,” he wouldn’t pose a threat to women’s rights.
    • Fox News host Brit Hume said on Tucker Carlson Tonight that “if Roe v. Wade were reversed, it would not mean that abortion would become illegal across this country.” He argued that saying otherwise “is hysterical and overstated.”
    • The Federalist’s Margot Cleveland wrote that “overturning Roe v. Wade will not criminalize abortion,” but instead would mean that “the question of abortion, and any limits on abortions, would return to the states and in most cases the legislative branch.”
    • The Wrap reported that Fox News host Jeanine Pirro said that she thinks Kavanaugh “will follow precedent” in any decision impacting Roe v. Wade.
    • On Fox News Channel’s Hannity, host Sean Hannity mentioned the “fearmongering has already begun” around Kavanaugh’s nomination. Fox’s Gregg Jarrett agreed, saying that “the left is already conjuring up the hysteria, claiming that this means abortion will be outlawed in America,” which he called a “lie perpetuated by the left.”
    • The Heritage Foundation’s John Malcolm said on Fox Business Network’s Lou Dobbs Tonight that Democrats were “trotting out, as they always do, scare tactics with respect to Roe versus Wade.”
    • American Constitution Union’s Matt Schlapp told Stuart Varney on Fox Business Network’s Varney & Company that “most conservatives and constitutionalists believe” that without Roe, abortion regulation “goes to the states,” which he claimed was just a continuation of what is “already happening” with abortion regulations.
    • On Fox News Channel’s The Daily Briefing with Dana Perino, Judicial Crisis Network’s Carrie Severino downplayed Trump’s promise during the 2016 presidential campaign that he would appoint “pro-life justices” as only “shorthand” used “during the campaign” and that he “can’t actually ask any nominee … how they would rule on a specific issue.”
    • During a segment on Fox News Channel’s Your World with Neil Cavuto, the Federalist Society’s Leonard Leo, who also serves as Trump’s judicial nominations adviser, pointed to a book Kavanaugh wrote about the principle of stare decisis -- the idea that Supreme Court’s previous rulings should be followed -- and said that Kavanaugh’s record shows “he does believe that the courts need to consider precedent.”
    • Responding to a clip of Sen. Kamala Harris (D-CA) talking about the danger Kavanaugh poses for women’s rights, Fox News host Laura Ingraham said, “So, Brett Kavanaugh is essentially -- we’re supposed to believe … -- standing at a Planned Parenthood abortion clinic and barring women from going in.” Guest Rep. Sean Duffy (R-WI) argued that if there was a concern about women’s rights, “how about protecting a woman when she’s in the womb as an infant?”
    • On Fox News’ Fox & Friends, National Rifle Association spokesperson Dana Loesch characterized concerns about abortion access as advocates claiming that Kavanaugh’s nomination “means that women by some magical force field are going to be prevented from going and seeking health care.” She continued that “abortion is not health care, nor is it a constitutional right.”
  • The Supreme Court could overturn Roe v. Wade. Don’t buy these right-wing excuses that it’s not a big deal.

    Blog ››› ››› SHARON KANN & JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the announcement of Supreme Court Justice Anthony Kennedy’s retirement, media have been speculating about the possibility of a nominee selected by President Donald Trump casting the deciding vote overturning Roe v. Wade.

    While some mainstream outlets have rightly warned about the likelihood and negative impacts of overturning, or even further hollowing out, Roe’s protections, many conservative outlets and figures deployed a variety of excuses either to suggest that Roe is not at risk or to downplay any potential negative effects such a move would have. But make no mistake -- the Trump administration and its anti-abortion allies haven’t been shy about their goal: making abortion inaccessible or even illegal in the United States, no matter what the consequences.

    In 2016, then-candidate Trump said in response to a debate question about whether he would overturn Roe: “Well, if we put another two or perhaps three justice on, that’s really what’s going to be — that will happen. And that’ll happen automatically, in my opinion, because I am putting pro-life justices on the court.” Previously, in July 2016, then-vice presidential nominee Mike Pence said that he believed that electing Trump would lead to the overturning of Roe and that he wanted to see the decision “consigned to the ash heap of history where it belongs.” In return, anti-abortion groups have also supported the administration -- a fact underscored by Trump’s keynote address at the anti-abortion group Susan B. Anthony List’s (SBA List) gala in May.

    Despite the administration’s promise, conservative media and figures are deploying a number of inaccurate excuses to either deny or downplay the severity of the threat to abortion rights with another Trump-appointed justice on the court:

    1. Claiming that abortion rights are safe because Roe is precedent, and none of the current justices will vote to overturn it.

    In the aftermath of Kennedy’s announcement, some conservative media argued that abortion rights are not threatened because the sitting justices -- including Chief Justice John Roberts and Trump’s previous nominee Justice Neil Gorsuch -- would be reticent to overturn precedent.

    For example, an editorial in The Wall Street Journal argued that because “the Court has upheld [Roe’s] core right so many times, ... the Chief Justice and perhaps even the other conservatives aren’t likely to overrule stare decisis on a 5-4 vote.” Similarly, during a June 27 appearance on Fox Business Network’s Lou Dobbs Tonight, conservative lawyer Alan Dershowitz claimed that Roe is safe because “true conservatives also follow precedent,” and therefore any conservative appointee would not vote to overturn it. Short-serving former White House Communications Director Anthony Scaramucci said it is unlikely that Roe would be overturned because “the court recognizes that there are certain fundamental principles that are in place and certain presidential precedent-setting principles in place." He concluded, “I know there are conservatives out there that want it to be overturned but I just don't see it happening."

    It appears highly unlikely that the new Supreme Court would keep Roe intact. Slate’s Mark Joseph Stern wrote that Kennedy’s retirement “ensured” that Roe will be overturned -- even if it ultimately will “die with a whimper” as the Supreme Court would allow anti-choice lawmakers to foist “extreme regulations on clinics, outlawing abortion after a certain number of weeks, or barring a woman from terminating a pregnancy on the basis of the fetus’ disability or identity.” As Stern concluded, “the constitutional right to abortion access in America is living on borrowed time.” This argument was also echoed by The Daily Beast’s Erin Gloria Ryan who contended that one more Supreme Court vote against abortion would mean that “the conservative minority in this country will have the power to uphold laws designed to force pregnant women into motherhood.” During the June 27 edition of MSNBC’s Deadline: White House, host Nicole Wallace explained that the impact of Kennedy’s retirement means “actually talking about a future generation growing up with abortion being illegal again” and “young women and men taking the kinds of risks that a generation now hasn't had to consider.”

    2. Arguing that Roe is “bad” law, and therefore a Trump nominee would only be correcting judicial overreach.

    In other instances, conservative media have argued that Roe is "bad" law because the constitution doesn't include a right to abortion. By this logic, they contend, a reversal of precedent is inconsequential because the new nominee would merely be helping correct previous judicial overreach.

    In an opinion piece for The Sacramento Bee, The Daily Wire’s Ben Shapiro argued that Roe v. Wade is a decision that was rendered “without even the most peremptory respect for the text and history of the Constitution,” but that “pleased the Left.” An improved Supreme Court, according to Shapiro, “would leave room for legislatures – Democrats or Republicans – to make laws that don’t conflict with the Constitution.”

    In National Review, Rich Lowry similarly said that Roe “is, in short, a travesty that a constitutionalist Supreme Court should excise from its body of work with all due haste.” Lowry concluded that Roe “has no sound constitutional basis” and implied that it should be overturned because it is an embarrassment for the court.

    The Federalist’s Mollie Hemingway claimed on Fox News’ Special Report with Bret Baier, “Even people who are pro-choice recognize that it was a poorly argued judicial decision.” She also said that Trump does not need to ask the judicial candidates about Roe v. Wade as “so many people regard it as such a poorly reasoned decision.” Fox News contributor Robert Jeffress also said on Fox News’ Hannity that Trump doesn’t need to ask about Roe because “there is no right to abortion.” Jeffress continued that though abortion is “nowhere in the Constitution” there is, however, a constitutionally protected “right to life that has been erased for 50 million children butchered in the womb since 1973.”

    But, as legal analyst Bridgette Dunlap wrote for Rewire.News, these claims that Roe is bad law are part of a conservative tactic to invalidate abortion rights more broadly. She explained: “In order to portray abortion rights as illegitimate, conservatives like to argue—inaccurately—that the Court legalized abortion in Roe v. Wade by inventing a right to privacy that is not grounded in the Constitution’s actual text.” Instead, she noted, Roe is based on the idea that “using the force of law to compel a person to use her body against her will to bring a pregnancy to term is a violation of her physical autonomy and decisional freedom—which the Constitution does not allow.”

    In addition, Roe is not just an important acknowledgement of the right to legally access abortion care -- even if states have already chipped away at the accessibility of that care. As Lourdes Rivera of the Center for Reproductive Rights explained in the National Law Journal, overturning Roe would impact the right to privacy and mean “uprooting a half-century of judicial decision-making, with profound consequences for our most cherished rights and essential freedoms.” Lawyer Jill Filipovic similarly wrote for Time magazine that “if Roe is done away with under the theory that privacy rights don’t exist, this could mean that there is no constitutional right to birth control, either.” In addition, she said, “cases that came after Roe, including Lawrence v. Texas, which invalidated a Texas law that criminalized sex between two men, were decided on similar premises — and could be similarly imperiled.”

    3. Claiming that abortion would not be completely outlawed because regulatory power would merely be “returned to the states.”

    A common argument by conservative media -- and in some cases, Trump himself -- is that an overturning of Roe would merely return abortion regulations to the states and not completely outlaw the practice.

    For instance, according to Fox News guest and constitutional attorney Mark W. Smith, even if Roe were overturned, it wouldn’t “outlaw abortion” in the United States, it would just allow “states and voters [to] decide what to do about abortion.” Fox News commentator Andrew Napolitano also made this claim, saying the “worst case scenario” is that if Roe “were to be repealed or reversed, the effect would be the 50 states would decide” their own abortion regulations. This inaccurate claim was also made during segments on CNN and MSNBC. During a June 27 appearance on CNN Newsroom with Brooke Baldwin, CNN legal commentator and former Virginia Attorney General Ken Cuccinelli argued that “all overturning Roe v. Wade does is” give the regulation power “to the states.” The Weekly Standard’s Bill Kristol made a similar claim on MSNBC Live with Velshi and Ruhle, when he argued that overturning Roe would merely “kick [abortion regulation] back to the states.”

    In reality, sending abortion regulation “back to the states” would functionally outlaw abortion access across large parts of the country. As Reva Siegel, a professor at Yale Law School wrote for The New York Times, returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free reign. New York magazine’s Lisa Ryan similarly reported that currently “there are only 19 states in which the right to abortion would be secure” if Roe is overturned.

    This landscape could easily worsen with anti-abortion groups turning their attention more directly to legislation on the state level rather than the federal level. As HuffPost’s Laura Bassett noted, a number of “abortion cases are already worming their way through the lower courts” that could further entrench abortion restrictions in a number of states. In 2016, ThinkProgress explained what a world before Roe looked like: “Wealthy women were able to access safe, though illegal, abortions, but everyone else had to risk their safety and sometimes their lives, and doctors had to risk going to jail.”

    4. Casting blame on abortion rights supporters for “overreacting” or trying to “attack” any Trump nominee on principle.

    Another common reaction among conservative media has been to cast blame back on abortion rights supporters. In this case, right-wing media have attacked supporters of Roe for “overreacting” to the potential loss of abortion rights, and accused others of opposing Trump’s nominee not on facts, but on principle.

    For example, during the June 27 edition of Fox Business’ Making Money with Charles Payne, guest and attorney Gayle Trotter argued that abortion rights supporters were just “trying to scare people” in order to “defeat the president’s nominee.” Federalist Society Executive Vice President Leonard Leo also echoed this argument during a June 27 appearance on Fox News’ Special Report with Bret Baier. According to Leo, “The left has been using the Roe v. Wade scare tactic since 1982, when Sandra O’Connor was nominated. And over 30 years later, nothing has happened to Roe v. Wade.”

    Similarly, on June 29, Trump supporters and YouTube personalities Lynnette Hardaway and Rochelle Richardson, popularly known as Diamond and Silk, appeared on Fox News’ Fox and Friends to discuss potential replacements for Kennedy. During the segment, Diamond asked why Democrats were “fearmongering” and “going into a frenzy” before knowing the nominee or their position on abortion. After interviewing Trump on Fox Business about his thought process for nominating Kennedy’s replacement, Maria Bartiromo said on the Saturday edition of Fox & Friends Weekend she believed that “all of this hysteria” about a potential overturn of Roe was being "a little overdone” by the left.

    Pro-choice advocates are not “overreacting” to potential attacks on the protections afforded by Roe. As journalist Irin Carmon explained on MSNBC Live with Craig Melvin, Kennedy’s retirement “is the point that the conservative movement, that the anti-abortion movement, has been preparing for for 40 years” by “taking over state legislatures and passing laws that are engineered to chip away at the abortion right.” Carmon said that even with Kennedy on the bench, “access to abortion, and in many cases contraception, was a reality [only] on paper already.” Now, “it is disportionately Black and brown women who are going to suffer with the regime that is going to come forward.” Attorney Maya Wiley similarly argued on MSNBC’s The Beat that overturning of Roe would mean “essentially barring a huge percentage of women from huge swaths of the country from access” to abortion.

    5. Claiming that there’s no public support for Roe or abortion access.

    Polling shows a large majority of Americans support the outcome of Roe. But some right-wing media personalities have said that such findings ignore other polling about Americans’ supposed support for restrictions on later abortion.

    For example, The Weekly Standard’s John McCormack argued on Fox News’ Outnumbered Overtime that the claims of support for abortion access are inaccurate because there is a “great misunderstanding about Roe v. Wade” and the impact it has on abortion restrictions and that “there is actually pretty popular support for second trimester regulations.” This talking point has been used elsewhere, such as by the Washington Examiner and anti-abortion outlet Life News, in an attempt to discredit perceived support for Roe.

    The argument deployed by McCormack has also frequently been used by right-wing outlets in the past -- despite the disregard such an argument shows for the complexities involved in abortion polling. As Tresa Undem, co-founder and partner at the public-opinion research firm PerryUndem, wrote for Vox, most “standard measures” that are used “to report the public’s views on abortion ... don’t capture how people really think” about the issue. In contrast to right-wing media and anti-abortion claims, polling done by Harvard T.H. Chan School of Public Health and Hart Research Associates shows that support for later abortions goes up when people realize that abortions in later stages of pregnancy are often undertaken out of medical necessity or for particular personal circumstances.

    As Trump prepares to announce his selection for the Supreme Court on Monday, July 7, right-wing and conservative media will only offer more of these excuses to downplay that Roe v. Wade is firmly in the crosshairs.

  • Journalists Mock Trump’s "Grievanceburg Address" At Gettysburg

    ››› ››› OLIVER WILLIS & ALEX KAPLAN

    Journalists mocked Republican presidential nominee Donald Trump’s October 22 speech in Gettysburg, PA, which his campaign had said would outline his first 100 days in office if elected president and had compared to President Lincoln’s Gettysburg Address. Reporters said the speech was more “like the Grievanceburg Address,” “a personal revenge tour,” and was full of “conspiracy theories & racial animus.”

  • Dispelling Conservative Media Myths, New Study Says Texas' Anti-Abortion Law "Leaves Many Women Without Hope And Without Options"

    Blog ››› ››› SHARON KANN

    In a new study, the Texas Policy Evaluation Project (TxPEP) interviewed a number of women whose access to abortion care was severely impeded as a result of Texas' anti-choice law, HB 2. In spite of mounting evidence that lack of access to safe and legal abortion has dire consequences, conservative media have insisted that Texas' legislative restrictions are desirable and do not create an undue burden on women seeking care.

    As explained by RH Reality Check Reporting Fellow Teddy Wilson, this latest study confirms the "disastrous effects that Texas' omnibus abortion law has had on women and families" through clinic closures and restricted access to services. By interviewing 23 women "who either had their abortion appointments cancelled when clinics closed or who sought care at closed clinics" following the passage of HB 2, TxPEP found that women's health care "was delayed, and in some cases [women were] prevented altogether" from obtaining an abortion, according to a news release about the study. Investigators noted that the subjects not only "reported a lack of information and confusion" in the wake of clinic closures, but also that once they had located an affordable provider, many "faced substantial added travel and hotel costs when seeking abortion services."

    Despite stories like these, conservative media have waged a continued campaign of misinformation about the law, insisting that its restrictions are medically necessary and pose no substantial burden on women's access to care. When the HB 2 law was first passed in 2013, Fox News contributors Monica Crowley and Kirsten Powers denied the impact it would have on Texas women. Powers claimed that reproductive rights groups were exaggerating the impact the law would have on women's access to care, claiming: "I don't think that many clinics are going to close." Crowley agreed, adding that reproductive rights advocates always "try to go right to hyperbole -- that women are going to have to flee to Tijuana because they're not going to have access in Texas to abortion. It's all ridiculous."

    TxPEP previously analyzed HB 2's effect on wait times at clinics and found that they appeared to increase in Dallas and Fort Worth, with waits so long that the existing clinics seemed unable to meet the total demand for services. An additional TxPEP study previously found that between 100,000 and 240,000 Texas women between the ages of 18 and 49 have attempted to self-induce an abortion, demonstrating how increased barriers to accessing abortion in Texas might put women at risk.

    Dr. Daniel Grossman, a co-author in both TxPEP findings on HB 2's effects on patients, explained that the new study "demonstrates that the sudden closure of clinics created significant obstacles to obtain care, forcing some women to obtain abortion later than they wanted, which increases the risks and cost." He noted that those challenges caused some women "to continue with an unwanted pregnancy." Grossman added that if HB 2 remained in effect, the undue burden on women would grow, as "wait times to get an appointment will likely increase in most cities across the state, as they recently have in Dallas and Ft. Worth, because the 10 remaining facilities will not be able to meet the demand for services statewide."

    RH Reality Check's Wilson summarized one of the many interviews in the study as an example of this experience:

    Dr. Valerie Peterson, a single mother in her 30s residing in Austin, said that HB 2 had a direct impact on her when she needed to terminate a pregnancy. Doctors detected a possible fetal abnormality during the first 12 weeks of her pregnancy.

    [...]

    When Peterson was 16 weeks into her pregnancy, the fetus was diagnosed with holoprosencephaly (HPE), a brain development disorder. She said that the severity of the disorder left her with two options: carry the doomed pregnancy to term or terminate the pregnancy.

    Peterson's doctor referred her to an abortion provider in Austin, but because of the demand she was unable to secure an appointment for three weeks. "Every day I had to remain pregnant was emotionally painful," Peterson said.

    Even after she was able to secure an earlier appointment with another provider, the procedure would take four days to complete due to Texas law. It was then that she made the decision to seek the care she needed at a provider in Florida, despite the additional cost.

    "I was ultimately able to access abortion in a timely manner," Peterson said. "However, HB 2 leaves many women without hope and without options." She said that she hopes the Supreme Court overturns the law, which she called "downright cruel."

    As TxPEP's work shows, the predicted consequences of HB 2 were far from "ridiculous," as Fox News claimed. In particular, the impact of the law on lower-income women and women of color is disproportionate. Huffington Post senior legal reporter Laura Bassett warned that HB 2 would "end abortion access for low-income women in rural areas of the state, who are already having a hard time finding providers." These fears were confirmed in the interviews conducted by TxPEP, as many of the women emphasized "the challenges they faced" in trying to locate care, including poverty.

    The Supreme Court will hear the case challenging Texas' HB 2, Whole Woman's Health v. Hellerstedt, on March 2. NARAL explained in an editorial by President Ilyse Hogue and accompanying video that the stakes for women could not be higher:

    This spring, the Supreme Court will be hearing a case that gets to the heart of what it means to have access to our rights. A positive outcome of Whole Woman's Health v. Hellerstedt will send the message that our reproductive rights can not be eroded. The court can stand up and say that state laws should not be used to keep women from accessing their right to reproductive care including abortion.

    Conversely, the court could give a stamp of approval to the political efforts to dismantle reproductive rights until it is a right only in theory--inaccessible to millions of American women who live in certain zip codes or have lower incomes.

    As the president of Whole Woman's Health commented to The Austin Chronicle: "This is the real world and these laws have real implications on real women's lives."

    Watch NARAL's Roe v. Wade anniversary video: