After Roe - Now What?

 

If you live in a blue state and are reading this, I wish you good tidings. For now, you are safe and still have your abortion rights.

But if we lose the Senate this November, you can bet your ass that McConnell's day one bill will be to ban abortion nationwide. Republicans are already writing it up.

If you live in a red state and are reading this, I wish you good luck. We are in the fight for our lives, literally.

Banning abortion doesn't end abortion. It ends safe and legal abortion. It also ends MANY kinds of medical care for those with uteruses.

Roe was an umbrella that protected us from the government invading our medical privacy, dictating the medical care we can and cannot have, and so forth all in the name of protecting 'the unborn'. Now that umbrella is gone and depending on the state you live in and how radicalized the extremist Republicans are, rights that you had no idea connected to abortion are in danger or gone.

The number one industry to be affected will be infertility treatment, specifically In-Vitro Fertilization (IVF).

 

If you have your embryos stored in a abortion ban state, MOVE THEM ASAP!

 

Already, companies that provide frozen storage in Texas are informing their customers that their rights and ownership of the embryos are in danger. They will no longer destroy embryos. It hasn't reached the point of government demanding the frozen embryos be implanted but....

The second industry to be affected is birth control. In some states it may be first but for most it is second.

 

Birth Control, for now, is still legal since it was guaranteed under Griswold (married couples) and then Baird (single women). However, IUDs are not protected. And Thomas in Dobbs directly went after Griswold and Republican Attorney Generals and state legislatures are already picking up the ball and vowing to go after birth control and get rid of it.

DO NOT COUNT ON THE HIPPOCRATIC OATH AND/OR HIPAA PROTECTING YOU.

HIPAA has caveats in it about violations to the law so you can expect a few Christofascists and cowards who work in healthcare to report you to the cops for an abortion if you had one, admitted to having one, or you had a miscarriage.

HIPAA also won't protect your reproductive records from prosecutors

With Roe v. Wade now overturned, patients are wondering whether federal laws will shield their reproductive health data from state law enforcement, or legal action more broadly. The answer, currently, is no.

If there’s a warrant, court order, or subpoena for the release of those medical records, then a clinic could be required to hand them over. And patients and providers may be made legally vulnerable by the enormous trail of health-related data we all generate through their devices every day.

As far as health records go, the most salient law is HIPAA — the Health Insurance Portability and Accountability Act. It’s possible that federal officials could try to tweak it, so records of reproductive care or abortion receive extra protection, but legal experts say that’s unlikely to stand up in the courts in a time when many judges tend to be unfriendly to executive action. Likewise, courts could block authorities from getting medical records they’ve requested on a case by case basis, but that isn’t a certainty, and could depend on the judge.

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“I think this is a wake-up call about the limitations of HIPAA,” said Adrian Gropper, chief technology officer of the Patient Privacy Rights Foundations. Though abortion is a highly partisan issue, he sees the need for better patient privacy laws as one that both Democrats and Republicans could agree on.

For now, most health law experts see very little protection of patient privacy. Look at the history of HIPAA-related cases, Gropper said, and “you would find very few examples of enforcement actions for patient privacy breaches.”

The free-flow of data in health care and the broader economy may also be used to directly discriminate against people based on their use of reproductive health services. If an employer has a certain position on abortion, you may be denied a job if “they used some predictive algorithm” to examine data available to employers on your medical care, said Andrea Downing, president and co-founder of The Light Collective, a nonprofit that advocates for stronger health data protections.

“Anything you do in health care, in our current state of (regulation), can be used against you,” she said.

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Another issue is that the same medications that are used for chemical abortions are also used to treat miscarriages, to ensure that they are safely expelled from the body.

“In the medical records, it’s going to be hard to distinguish who is seeking an abortion, and who is seeking care after happening to miscarry at home,” said Shachar.

“What alarms me about the lack of privacy of medical records is, even if you’re a provider who isn’t providing abortions, but you’re providing good care for your patients, some of whom are miscarrying, those medical records could be discoverable, and could be used in criminal cases against the provider.”

While people have have already been prosecuted for miscarriages in a number of states — in cases of drug use during pregnancy, for instance — experts warn that those sorts of cases might become more common. That’s just one of the instances in which this Supreme Court decision may reveal the holes in American health privacy laws, and may result in some patients being afraid to seek medical care.

The Hippocratic Oath no longer exists in an abortion ban state.

 

There is NO INCENTIVE for a doctor or nurse to go out of their way to treat you for a failed miscarriage, abortion, or other medical needs while you are pregnant. They WILL WATCH YOU DIE vs endanger their own livelihood and lives. They face life in prison for helping you so watching you die is the better pay off. Why risk everything for certain patients when they can save all these other ones who are not pregnant and won't endanger them?

The following is a list of things that endangers the lives of those with uteruses in a Post-Roe world:

  • The number one cause of death for pregnant women is murder "and accounted for 20% of deaths among that group, compared with 6% of deaths among nonpregnant women of reproductive age." Usually by the father of the fetus. So expect that to increase.

  • Also, teen pregnancy will increase and with that the mortality rate for pregnant teens who cannot safely carry to term because their bodies are not fully formed. Yes, a 12 year old girl who was molested and repeatedly raped by her father will be forced to carry the embryo to term and birth her sibling...even if it that means she will can die from it. In Ohio, there was a 10 year old girl but since restriction of travel was not yet enforced she was able to get the abortion in Indiana. 

 

If you compare the CDC figure to other countries in the World Health Organization’s latest maternal mortality ranking, the US would rank 55th, just behind Russia (17 per 100,000) and just ahead of Ukraine (19 per 100,000). And “If you limit the comparison to those similarly wealthy countries,” such as Germany, “the US would rank 10th — out of 10 countries.”

 

Among the findings, in 2018:

  • 658 women died of maternal causes in the United States.

  • The overall maternal mortality rate was 17.4 deaths per 100,000 live births.

  • The maternal mortality rate gets higher with each older age group; women ages 40 and older die at a rate of 81.9 per 100,000 births, meaning they’re 7.7 times more likely to die compared to women under age 25.

  • The maternal death rate for black women was more than double that of white women: 37.1 deaths per 100,000 live births compared to 14.7. It was also more than three times the rate for Hispanic women (11.8).

  • The numbers would drastically increase for non-Hispanic Black women in particular, by 33%, causing 78 additional deaths and worsening the ongoing U.S. Black maternal health crisis

  • A study in the American Journal of Public Health found that women denied an abortion experience an increase in household poverty lasting at least four years longer compared to women who received an abortion. 

    • Women were found to not have any money to cover basic expenses like food, housing, and transportation, years after being denied an abortion.

  • There is already over 400,000 in the foster care system. Expect that to increase. Texas is already the worst in the nation with over 100 kids being killed in care.

  • The privatized for-profit 'Christian' adoption industry...just expect it to get worse and use their money to rewrite laws for them to traffic babies for adoption.

  • Republicans will NOT expand services to provide for the people who will now be forced to carry a embryo to term. That means no:

    • Pre-natal care

    • Birth Care (discounts, funds, etc. A hospital birth can cost upwards of $15,000)

    • Parental Care

    • Medicaid Expansion

    • Lactation Consultants

    • Diapers

    • Baby Formula

    • Childcare

    • Universal Preschool

    • Welfare

    • Therapy

    • Anything that will help make life better for a person who never wanted to have a child but the government banned them from getting an abortion

Even the Pope called out the Republicans for demanding an abortion ban but not providing care and still be pro death-penalty.

Now for the really scary dystopian world bullshit that you need to be aware of.

If you watch true crime shows like 20/20, Dateline, Cold Justice, etc. You know all those investigative techniques that detectives use to track down murderers? That will now be used against you.

 

In Texas, under SB8 (the bounty law) doctors were already delaying/denying care to those who were pregnant. Now facing LIFE IN PRISON you expect things to get even worse. And with Ken Paxton as Attorney General with his sadistic Christofascist belief system he is willing to gleefully hunt down any person who is 'believed' to have gotten an abortion. Even with Democratic District Attorney's stating they won't prosecute...I'm sure that Ken "Mr. Multi-Indicted for Corruption Under Current FBI Investigation and Facing DISBARRMENT" Paxton will find a way to hunt them down.

And don't forget about the warning about doctors/nurses delaying/denying care for you because you are pregnant and will in turn basically watch you die because as long as a fetal heartbeat/electrical pulses show up they cannot provide care that will endanger the fetus. 

And because of the loopholes in HIPAA they can report you if they think you had an abortion.

So what can you do to protect yourself and others?

First of all, realize you need to realize that your smart phone and computer habits will be used against you. Unlike Europe, we do not have any consumer protections against our information being sold for the highest bidder. And one of the biggest buyers of that data is Christofascist techbros. And they will give that information to the extremist anti-abortionists and/or to law enforcement.

DO NOT UNDERESTIMATE the Christofascists they conducted multi-decades of terrorist campaigns against abortion clinics, abortion doctors, pregnant people, pro-choice state legislatures, etc. They will murder people for the 'unborn'. They will do everything they can to make sure abortion is banned across the nation with no exceptions for rape, incest, or even life of the mother. They believe it is god's will for you to die and they will make sure it happens.

Only Christofacists are this extreme in regards to abortion. No other religion, culture, or government across the world goes this far.

But do not despair. We can and will fight back. If you want digital security to go camping or help someone camp click here.

Texas Democrats have outlined specific ways we will return the bodily rights of Texan women to them once we win in November:

  • Repeal HB 1280, the “Trigger Law” passed in the 87th Legislative Session

  • Repeal SB 8 (six-week abortion ban)

  • Repeal SB 4 (ban on medication abortion after 7 weeks and the prohibition on telemedicine used to acquire it)

  • Repeal SB 22 (86R, bars Texas governments from contracting with abortion providers or their affiliates)

  • Repeal existing TRAP laws that did not get overturned after Whole Woman’s Health v. Hellerstedt

  • Repeal the mandatory 24-hour waiting period before an abortion

  • Repeal the required sonogram and medically inaccurate counseling before an abortion

  • Require health insurers to offer abortion coverage

  • Improve access to contraception, especially in contraception deserts

  • Pass legislation allowing any medical provider back into Medicaid, including any that are affiliated with an abortion provider

  • Pass legislation to redirect funding from the Alternatives to Abortion program to reproductive health care programs that actually provide health care services

The bottom line is this:

Abortions will not end. Girls, women, and those with uteruses will die because of the bans. We are not giving up.

Let Dobbs and the forced-birthers crowing their joy at the ruination of millions of living humans fuel your rage so deep and so raw that we change history and pick up seats up and down the ballot in Texas and across the nation to undo this.

  • We will not only codify Roe we will make a law better than Roe and it will be Federal.

  • We will undo Hyde.

  • We will start to fix everything that the Christofascists have been breaking since Reagan. 

  • We will expand the court.

  • We will codify Equal Rights Amendment.

  • We will codify Lawrence & Obergefell. 

Do not despair. If Latin America can get abortion rights then we can regain our rights!

Get trained, get organized; go on Mobilize.us and find like minded people who are ready to get shit done!