Just makes sense

Surgical restrictions apply to all

Several states, including Arkansas, have made headlines for restricting abortion practices during the covid-19 pandemic. Prochoice groups responded by suing many of these states. Abortion supporters have litigated these cases not only in federal court, but also in the court of public opinion by repeatedly criticizing public health officials who do not want abortion facilities to continue with business as usual during the coronavirus outbreak.

The reality is that restricting human interactions associated with an abortion just makes sense during a pandemic regardless of how you feel about abortion itself.

Imagine a small medical facility with 30 people inside, many from out of state. Think about how little social distancing can occur during a pregnancy exam — not to mention an abortion. Add to the mix doctors who may be flying in from out of state and staff who interact with people up close all day long. Picture patients and their families from all over Arkansas being there. Finally, think about how long that staff member may have been wearing that mask or gloves. Could issues like these be the reason so many health-care facilities closed and stopped elective procedures? Why don’t abortion facilities follow public health directives the same as other medical clinics?

Pro-choice groups argued that conservatives have been using the covid-19 crisis as a pretense to shut down abortion facilities. But in Arkansas, as in other states, conservatives have not been shutting down facilities — in Arkansas it’s the Arkansas Department of Health. It issued its directives because it believes activities associated with abortions pose a health hazard during a pandemic.

Arkansas’ health directives have been narrowly tailored, only applying to elective surgical procedures, including surgical abortions. They do not affect chemical abortions, which make up nearly one-third of all abortions in the state. They do not stop abortion facilities from providing other routine health-care services. And they do not affect abortions performed to save the life or health of the mother.

Restricting elective surgical procedures — including elective surgical abortions — preserves valuable medical supplies. Americans are almost universally concerned about whether our health-care professionals have enough protective equipment to combat the coronavirus outbreak.

Restricting surgical abortions also discourages women from traveling to Arkansas from covid-19 hot spots for abortion. According to official state reports, more than 10 percent of abortions performed in Arkansas each year are on women from outof-state. The state imposed numerous restrictions and guidelines to discourage non-residents from coming to Arkansas during the outbreak.

Pro-choice groups routinely say abortion is just like any other medical procedure. If that is true, then the state ought to be able to restrict abortion the same way it does other medical procedures. Abortionists should not be able to continue with business as usual at a time when other doctors and surgeons are forced to postpone operations. Abortion facilities should have to follow the same rules as everyone else.

Instead of following directives from the Arkansas Department of Health, our pro-choice neighbors predictably filed a lawsuit in federal court. This time they lost. The Eighth Circuit sided with the Arkansas Department of Health and common sense. According to the court, abortion facilities, indeed, do have to follow the same directives as everyone else.

In the court of public opinion and in the courtroom, it’s not difficult to see that you can’t argue that abortion is like every other procedure and then ask for special treatment.

For abortion providers, being treated like everyone else is hard to take. Jerry Cox is president of Family Council, a conservative education and research organization based in Little Rock.