Baltimore Sun

Biden slams ‘radical’ draft

Chief Justice John Roberts orders investigat­ion into Roe v. Wade document leak Maryland prepares to increase its abortion capacity

- By Christine Condon and Meredith Cohn By Zeke Miller and Jessica Gresko

Long before Monday night’s revelation that five U.S. Supreme Court justices are likely to overturn 50 years of legal precedent in Roe v. Wade, Democratic legislator­s had begun preparatio­ns for Maryland to accept more abortion-seekers from out of state.

As of July 1, a new law will allow nurse practition­ers, physician assistants and midwives — not just physicians — to perform abortions in Maryland. The law was vetoed by Republican Gov. Larry Hogan, but that decision was overridden by the heavily Democratic state legislatur­e.

The idea was to ease access to abortions for Maryland residents, particular­ly in more rural parts of the state where physicians are fewer in number. As of 2017, more than two-thirds of Maryland counties, which 29% of Maryland women call home, did not have clinics that provided abortions, according to the Guttmacher Institute, a pro-choice research group.

But the new law also will provide more opportunit­ies for non-Maryland residents, particular­ly from nearby red states like West Virginia, to travel here for an abortion in the event of Roe is reversed, said Del. Ariana Kelly, the Montgomery County Democrat who sponsored the House version of the legislatio­n.

“The more of our Maryland patients we can handle with their local provider — the same person they get their contracept­ion from, the same person they get their primary care from — the more capacity we have in our abortion clinic network for out-of-state patients,” Kelly said.

In Washington, Maryland Democrats said Tuesday they are seeking a broader remedy in case the Supreme Court follows through and strikes down Roe v. Wade.

The Women’s Health Protection Act — aimed at protecting abortion rights nationally — passed the U.S. House 218-211 last September, but did not receive a vote in the Senate, where Maryland Democrats Chris Van Hollen and Ben Cardin are co-sponsors.

Maryland’s seven House Democrats

voted for the bill. Rep. Andy Harris, the only Republican in the state’s congressio­nal delegation, voted against it, as did every other House Republican.

Senate filibuster rules would require that 60 members support it, a number the bill’s proponents could not reach.

“I urge the Senate to take

urgently needed action to protect the rights of women, remove the filibuster, and codify Roe v. Wade into law as soon as possible,” said Rep. Steny Hoyer, the House Majority Leader and Southern Maryland Democrat, on Tuesday.

The U.S. House acted after

WASHINGTON — President Joe Biden on Tuesday blasted a “radical” Supreme Court draft opinion that would throw out the landmark Roe v. Wade abortion rights ruling that has stood for a half-century.

The court cautioned no final decision had been made, but Biden warned that other privacy rights including same-sex marriage and birth control are at risk if the justices follow through.

Chief Justice John Roberts said he had ordered an investigat­ion into what he called the “egregious breach of trust” in leaking the draft document, which was dated to February. Opinions often change in ways big and small in the drafting process, and a final ruling has not been expected until the end of the court’s term in late June or early July.

Across the nation, Americans grappled with what might come next.

The Democratic-controlled Congress and White House both vowed to try to blunt the impact of such a ruling, but their prospects looked dim.

A decision to overrule Roe would have sweeping ramificati­ons, leading to abortion bans in roughly half the states, sparking new efforts in Democratic-leaning states to protect access to abortion, and potentiall­y reshaping the contours of this year’s contested midterm elections.

The draft was published by the news outlet Politico late Monday.

Biden said he hoped the draft wouldn’t be finalized by justices, contending it reflects a “fundamenta­l shift in American jurisprude­nce” that threatens “other basic rights” like access to birth control and marriage.

“If this decision holds, it’s really quite a radical decision,” he added.

“If the court does overturn Roe, it will fall on our nation’s elected officials at all levels of government to protect a woman’s right to choose,” Biden also said.

Leaders in California and New York rolled out the welcome mat to their states for women seeking abortions, and other Democratic states moved to protect access to abortion in their laws.

The court’s ruling would be most acutely felt by women who don’t have the means or ability to travel from states that have or stand poised to pass stiff abortion restrictio­ns or outright bans.

Whatever the outcome, the Politico report represente­d a rare breach of the court’s secretive deliberati­on process.

“Roe was egregiousl­y wrong from the start,” the draft opinion states. It was signed by Justice Samuel Alito, a member of the court’s 6-3 conservati­ve major

Texas passed its restrictiv­e abortion law last year, limiting the procedure to the first 5 to 6 weeks of pregnancy. A University of Texas study found that wait times at abortion clinics in neighborin­g states were frequently as long as two weeks.

“That’s what we’re trying to avoid in Maryland,” said Kelly, a member of a newly formed pro-choice caucus in Annapolis that’s “currently in conversati­ons about what next steps might need to be.”

Planned Parenthood of Maryland has been seeing one to two patients from Texas per week since that state’s law took effect, said Kyle Bukowski, the group’s chief medical officer.

But Maryland’s new bill will not necessaril­y generate a new workforce overnight, said Julie Jenkins — a registered nurse and consultant to the National Abortion Federation — because many providers will need to be trained.

The legislatio­n provides for a state-funded training program, but it’s unlikely to be ready by July, Kelly said.

The governor is required to allocate $3.5 million to the program annually, beginning with next year’s budget. Hogan could choose to make that initial allocation sooner, but it is not required by the new law, Kelly said.

“Gov. Hogan would have to release that money, so the ball is in his court as to if the clinical training program starts in 2022 or 2023,” Kelly said.

In a statement, Michael Ricci, a spokesman for Hogan, said the funding isn’t likely to be expedited, adding that it “was not included in the bipartisan budget agreement with legislativ­e leaders.”

Bukowski said Planned Parenthood will have at least one nurse practition­er ready to perform the procedure by July 1, but training in larger numbers is still to come.

Laura Bogley, director of legislatio­n for Maryland Right to Life, an anti-abortion

organizati­on, said she was frustrated by the General Assembly’s choice to use taxpayer dollars to expand the number of abortion providers in the state rather than for things like prenatal care.

The new law calls on the Maryland Department of Health to select a nonprofit with abortion care experience to administer the training in at least two community-based sites, and dole out grant funding for other training programs where funding is available.

Some of the health care providers newly eligible to provide abortions in Maryland

may be adequately trained by the summertime, Kelly said, especially since many abortions simply require the administra­tion of medication.

“A nurse practition­er can go to clinical training for a day — two days, maybe — and learn how to appropriat­ely and safely provide a medication abortion,” Kelly said. “It’s going to be obviously a much longer and more complicate­d training for surgical procedures or for more complex hospital-based procedures.”

In 2020, so-called “abortion pills” accounted for 54% of abortions nationally, according to the Guttmacher Institute, which says it is “committed to advancing sexual and reproducti­ve health and rights worldwide.”

Sarah L. Szanton, dean of the Johns Hopkins School of Nursing, said Maryland’s bill is a “tremendous step,” especially because “there is so much pressure on current providers,” many of whom already assist with more dangerous procedures.

“Think about the excellent work midwives do in delivering babies, which is much more dangerous than an abortion,” Szanton said. “It makes sense they’d be able to provide this service. And there is money for training.”

Jenkins agreed that providing abortion services would not expand the scope of responsibi­lities for eligible clinicians.

“Nurse practition­ers have been doing things like inserting IUDs and all kinds of other things related to reproducti­ve health for a long time,” she said. “It’s well within our scope.”

Some of the newly eligible providers also may be able to prescribe abortion medication to non-Maryland residents remotely via telehealth appointmen­ts, which have become increasing­ly accepted by the medical community during the coronaviru­s pandemic, although the legal requiremen­ts for such appointmen­ts aren’t always clear.

“We need to be ready to provide both kinds of care,” Szanton said.

The law also requires private insurance providers to cover abortions without requiring co-payments or other cost-sharing measures, unless they qualify for certain religious or legal exemptions. It also would solidify abortion coverage under Medicaid in the state.

“I’m so excited about the insurance-related provisions,” Kelly said. “Most of our insurance plans in Maryland were already covering abortion care, but many of them were doing so with significan­t cost-sharing.”

 ?? WIN MCNAMEE/GETTY ?? Activists on both sides confront one another in front of the U.S. Supreme Court building Tuesday in Washington, D.C.
WIN MCNAMEE/GETTY Activists on both sides confront one another in front of the U.S. Supreme Court building Tuesday in Washington, D.C.
 ?? KENNETH K. LAM/BALTIMORE SUN ?? A local group rallies in support of access to abortion at the Federal Courthouse on Lombard Street.
KENNETH K. LAM/BALTIMORE SUN A local group rallies in support of access to abortion at the Federal Courthouse on Lombard Street.
 ?? BARBARA HADDOCK TAYLOR/THE BALTIMORE SUN ?? Hundreds of people rally in support of abortion rights at Lawyers Mall outside the Maryland State House in fall 2021.
BARBARA HADDOCK TAYLOR/THE BALTIMORE SUN Hundreds of people rally in support of abortion rights at Lawyers Mall outside the Maryland State House in fall 2021.

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