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Abortion opponents' real victory isn't just closing clinics, but blocking new ones Abortion opponents' real victory isn't just closing clinics, but blocking new ones
(6 months later)
For anyone who has closely watched the state-by-state battle to end access to safe, legal abortion, Wednesday’s Bloomberg report citing that clinics are closing at the fastest annual pace yet is not at all surprising. Abortion opponents’ biggest victory, however, is likely to be how successful they are in ensuring no new providers ever open their doors again.For anyone who has closely watched the state-by-state battle to end access to safe, legal abortion, Wednesday’s Bloomberg report citing that clinics are closing at the fastest annual pace yet is not at all surprising. Abortion opponents’ biggest victory, however, is likely to be how successful they are in ensuring no new providers ever open their doors again.
The ability to terminate a pregnancy, despite remaining a constitutional right, has eroded year by year since 2011, when Republican-dominated state legislatures roared into power. A combination of medically unnecessary state regulations on abortion buildings and doctors, an increase in harassment and in some cases outright violence and a flood of pre-procedure requirements such as multiple trip waiting periods that delay patients, has put abortion out of reach for those with fewer resources and driven others to less restrictive states, leaving clinics in red areas the most vulnerable to closing their doors.The ability to terminate a pregnancy, despite remaining a constitutional right, has eroded year by year since 2011, when Republican-dominated state legislatures roared into power. A combination of medically unnecessary state regulations on abortion buildings and doctors, an increase in harassment and in some cases outright violence and a flood of pre-procedure requirements such as multiple trip waiting periods that delay patients, has put abortion out of reach for those with fewer resources and driven others to less restrictive states, leaving clinics in red areas the most vulnerable to closing their doors.
Related: Quarter of US abortion clinics have closed over last five years, report says
What isn’t as understood, and is only briefly mentioned by Bloomberg, is how impossible this new trend may be to correct.What isn’t as understood, and is only briefly mentioned by Bloomberg, is how impossible this new trend may be to correct.
When the US supreme court meets on 2 March to hear arguments in Whole Woman’s Health v Hellerstedt, the fate of many clinics in the country rests on whether a majority of the justices believes that local physician admitting privileges and mandatory 8ft-wide doorways are necessary in order to protect the heath of a patient obtaining an abortion.When the US supreme court meets on 2 March to hear arguments in Whole Woman’s Health v Hellerstedt, the fate of many clinics in the country rests on whether a majority of the justices believes that local physician admitting privileges and mandatory 8ft-wide doorways are necessary in order to protect the heath of a patient obtaining an abortion.
The justices are likely to rule in favor of reproductive rights, so there is a strong possibility that later this year the approach of shutting down most or all of the abortion clinics in a state via Trap (Targeted Regulation of Abortion Providers) laws like hospital admitting privileges or Ambulatory Surgical Center requirements will be no longer be a viable weapon in the anti-abortion movement’s arsenal. For the most part the closure of clinics will, hopefully, slow down, if not trail off completely.The justices are likely to rule in favor of reproductive rights, so there is a strong possibility that later this year the approach of shutting down most or all of the abortion clinics in a state via Trap (Targeted Regulation of Abortion Providers) laws like hospital admitting privileges or Ambulatory Surgical Center requirements will be no longer be a viable weapon in the anti-abortion movement’s arsenal. For the most part the closure of clinics will, hopefully, slow down, if not trail off completely.
Opening new clinics to meet the need that will still exist? That will be very, very difficult to do.Opening new clinics to meet the need that will still exist? That will be very, very difficult to do.
The ability to open a new abortion clinic has become a Herculean effort over the last few years, and one that does not look to get any easier in the future. Planned Parenthood’s attempt to open an abortion provider in New Orleans has been a multi-year effort – one fraught with complications from the state, potential arson attempts and harassment of construction workers and other contractors.The ability to open a new abortion clinic has become a Herculean effort over the last few years, and one that does not look to get any easier in the future. Planned Parenthood’s attempt to open an abortion provider in New Orleans has been a multi-year effort – one fraught with complications from the state, potential arson attempts and harassment of construction workers and other contractors.
In Kentucky, Planned Parenthood’s attempt to add abortion services in Louisville became caught in a catch-22 as state administrations changed parties. A requirement to begin offering the procedure in order to finish the licensing process instead resulted in a newly elected Republican governor issuing a massive fine for doing “illegal abortion procedures”. And in Washington DC, Planned Parenthood’s blueprint to open a new clinic to replace one which closed last year has now turned into a battle between anti-abortion protesters and neighborhood students and parents, as protesters bring the charter school located across the street into the fight.In Kentucky, Planned Parenthood’s attempt to add abortion services in Louisville became caught in a catch-22 as state administrations changed parties. A requirement to begin offering the procedure in order to finish the licensing process instead resulted in a newly elected Republican governor issuing a massive fine for doing “illegal abortion procedures”. And in Washington DC, Planned Parenthood’s blueprint to open a new clinic to replace one which closed last year has now turned into a battle between anti-abortion protesters and neighborhood students and parents, as protesters bring the charter school located across the street into the fight.
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Where opening a new clinic may be extremely difficult for a national organization like Planned Parenthood, with its extensive financial and political resources, it is almost impossible for independent abortion providers, who have far less capital and lobbying power. It requires often purchasing a space outright in order to ensure a landlord doesn’t drop a lease after being pressured by opposition. It means finding an area with enough parking spots to pass local variances and within the right zoning so local city councils can’t block it. And it means dealing with cities that may have grandfathered in rules for one clinic but set them to expire so no other clinic can reopen in its place once it was gone.Where opening a new clinic may be extremely difficult for a national organization like Planned Parenthood, with its extensive financial and political resources, it is almost impossible for independent abortion providers, who have far less capital and lobbying power. It requires often purchasing a space outright in order to ensure a landlord doesn’t drop a lease after being pressured by opposition. It means finding an area with enough parking spots to pass local variances and within the right zoning so local city councils can’t block it. And it means dealing with cities that may have grandfathered in rules for one clinic but set them to expire so no other clinic can reopen in its place once it was gone.
Without a doubt, abortion opponents have won a massive victory in closing so many clinics over the last five years. And with no way to open new ones, it’s a victory that will shape the landscape of safe, legal abortion access in the United States for decades to come.Without a doubt, abortion opponents have won a massive victory in closing so many clinics over the last five years. And with no way to open new ones, it’s a victory that will shape the landscape of safe, legal abortion access in the United States for decades to come.