October 22, 2024 Update
Dear Friends for Life,
We are in the last two weeks of the campaign. Things are going well. Elections are two weeks away. Fact checkers have said there is no such thing as “Abortion After Birth”. The National Right to Life has a paper refuting that claim. It is attached to this email. It is also important to know that abortion is legal through all 9 months of pregnancy in 9 states plus the District of Columbia. They are Alaska, Vermont, Oregon, New Mexico, Colorado, Minnesota, Michigan, Maryland, New Jersey, and D C. These things are happening in America today. Be sure to exercise your civic duty to vote and vote pro-life.
The National Men’s March to Abolish Abortion and Rally for Personhood is coming to Boston again on November 16th. We need a huge turnout. Everyone is encouraged to march. A flier is attached and more information is available at WWW.THEMENSMARCH.COM .
Upcoming events:
Tuesday vigil 2 pm will be led by Fr. Kwang Lee from Our Lady of Grace in Pepperell and St. John the Evangelist in Townsend.
Friday night Candlelight Vigil at 7 pm will be led by the seminarians at St. John’s Seminary
Spanish Vigil Saturday morning at 10:30 am, Fr. Craig MacMahon, OVM, and Sr. Lorena Delgado.
Sunday Family Vigil 2 pm, led by Fr. Paul Born from Mary Queen of Martyrs Parish in Plymouth
Other Pro Life Events:
Oct. 22-30 USCCB Respect Life Month Novena prays for the protection of human life, from conception to natural death. Each day of the novena features a different pro-life prayer intention which is accompanied by a short reflection and suggested actions to help build a culture of life. Subscribe here: https://www.usccb.org/respect-life-novena
Fri. Oct. 25 Fifth novena mass for “The Dignity of the Unborn” and honoring Mary for the 9 months that Jesus was in the womb. 12:10 pm. St. Mary’s Parish, 420 High St., Dedham, MA. Rosary for Life to follow mass.
Thurs. Nov. 7 American University Women for Life meeting at 7:30 pm, Mary Hall at St. Mary Church, 420 High St., Dedham. Linda Thayer will speak on what is being taught in sex education in Mass. Public schools. Don’t miss this presentation! Expect to be shocked. RSVP to Mary Elizabeth at This email address is being protected from spambots. You need JavaScript enabled to view it. (617-285-9008) or Lorraine at This email address is being protected from spambots. You need JavaScript enabled to view it. (617-763-4093).
Sat. Nov. 16 National Men’s March to Abolish Abortion and Rally for Personhood. Gather outside Planned Parenthood, 1055 Commonwealth Ave. at 11 am. WWW.THEMENSMARCH.COM Flier attached.
We need you on the sidewalk!
United for life,
Rita
Rita Russo
Campaign Director
40 Days for Life Boston
781-762-4391
Indifference is the greatest sin of the 20th Century. St. Maximillian Kolbe
March 31, 2024 Update
Dear Friends for life,
Happy Easter! He is risen, Alleluia! It is time for rejoicing, especially with the added blessings of a great campaign and SIX BABIES SAVED IN BOSTON! Praise the Lord. His mercy endures forever. We had a wonderful closing and Carlos Rivera spoke to us about his ministry and the 4 mothers he convinced to save their babies during this campaign. We also honored his wife, Elsi Solis, and her friend, Almina Alvarez, who visit the families with love, prayer, and ongoing material support both during the pregnancy and after the babies are born.
We have had campaigns with one or two babies saved. We have had even more with no babies saved here in Boston. I always say that the babies saved everywhere belong to all of us, but it feels especially good to have some fruits of our labors right here where we pray and give witness. We are feeling especially blessed. My heart is full and I hope yours is as well. A saved baby is far more than one child. It is the saving of untold generations to come from that child with all of the blessings that come with them.
The homepage of 40 Days for Life lists 266 babies and their mothers saved from abortion so far. This number does not reflect the reports still coming in from around the world. Neither does it reflect the thousands of babies being saved in the US after the fall of Roe, with abortion being prohibited or severely restricted in many states. The obstacles are formidable, but we are winning. The fight must continue. Our next campaign begins the fourth Wednesday in September. You will hear from me.
In the meantime, babies continue to die 52 weeks a year in Massachusetts. Bill Cotter, who heads Operation Rescue in Boston, does his best to have sidewalk counselors outside Planned Parenthood in Boston and Women’s Health in Brookline all the mornings that surgical abortions are taking place. The need is great, but the laborers are few. It is a struggle. No one likes to be there, but, paraphrasing Matthew 25, “Where were you when I was being led to the slaughter, and you did nothing?” We are ALL called to do SOMETHING. It is not convenient or enjoyable to watch women going in to end the lives of their babies. It is horrifying to see parents bringing their daughters in to abort their grandchildren. The list of circumstances is long. There is no good news at an abortion facility except for the women who change their minds and choose life. The likelihood goes up when there are people praying outside and offering help to women who thought they had no choice. If you cannot join us on the sidewalk, then pray, volunteer at a pregnancy help center, and support the pro-life efforts of others. There are many options.
If you want to know what is going on in our area, you should also be on Bill Cotter’s email list. He keeps us all updated on what is going on in Boston and Brookline. He can help you find a day and time when you can come to pray and give witness. He sends out an email about once a week. Neither he nor 40 Days will share your address with anyone. Email him at This email address is being protected from spambots. You need JavaScript enabled to view it. to get on his list.
If you need motivation, “(Live Action) — President Joe Biden has released his proposed budget for 2025, and it not only removes the Hyde Amendment, which prevents the federal funding of abortion, but would include the taxpayer funding of abortion through all three trimesters of pregnancy.
In a press release, the Biden administration announced information about the new budget, and boasted that the new budget would support “Family Planning Services, Maternal Health, and Health Equity.” Funding for the Title X program would be increased by 36 percent, to $390 million.”
The Guttmacher Institute released updated abortion estimates for 2023. The new figures show that 1,026,690 abortions were performed in 2023, an increase of 10 percent since the year 2020. An estimated 63% of abortions were chemical in 2023, an 10% increase. Consider making an effort to hold signs in front of a CVS or Walgreens near you when 40 Days for Life has their fall campaign. You will receive campaign support from them for your efforts.
Another country has chosen to cure a condition by killing the victims. Statistics released by NHS England reveal that 87.26% of all babies prenatally diagnosed with Down’s syndrome in England and the Crown Dependencies had their lives ended by abortion in 2021.
Upcoming events:
Thurs., April 4, 7:30 pm, AUWL Meeting at Mary Hall at St. Mary’s Church, 420 High St., Dedham. Pre-recorded presentations by Jack Posobiec, Human Events; Terry Beatley, Hosea Initiative President, and Patricia Sandoval, Pro-Life Activist, will be shown. An RSVP is appreciated by April 2nd to Mary Elizabeth at This email address is being protected from spambots. You need JavaScript enabled to view it. or (617-285-9008) or Lorraine at This email address is being protected from spambots. You need JavaScript enabled to view it. (617-763-4093).+-
Sat., April 6, 10 am, Pro-Life Legal Defense Fund Brunch, honoring Attorney Bob Joyce, will be held at the Boston Marriott Newton Hotel, 2345 Commonwealth Avenue, Newton. Register at https://www.plldf.org/
Sat., April 13, Helpers of God’s Precious Infants. Pray all 3 mysteries of the Rosary in front of Planned Parenthood, 1055 Commonwealth Ave., Boston, second Saturday of every month at 9 am.
Sat., April 20, Pro-Life Mass at Fatima Shrine, 155 Washington St., Brighton, every 3rd Saturday at 10:30 am.
The fight must go on, until every child has the right to life, liberty, and the pursuit of happiness as God intended! God bless you.
United for life,
Rita
Rita Russo
Campaign Director
40 Days for Life Boston
781-762-4391
Indifference is the greatest sin of the 20th Century. St. Maximillian Kolbe
February 28, 2024 Update
Dear Friends for Life,
Monday is the halfway mark, already. If you have not been out to pray on the sidewalk, sign up today! The 40 Days for Life Podcast, Season 9, Episode 9, entitled “Abortion Is Floundering in Blue States!”, is very encouraging. This is the biggest Lenten campaign every, but look at these numbers:
- · Washington State has 11 campaigns.
- · New Mexico has 8 campaigns.
- · Colorado has 9 campaigns.
- · Illinois has 12 campaigns.
- · New York City and Long Island have 12 campaigns.
- · The rest of New York State has 16 campaigns.
- · New Jersey has 7 campaigns.
- · California has OVER 50 campaigns!!!!!
Even before Roe went down, nearly half of the abortion centers that closed were located in blue pro-abortion states. The RV’s Planned Parenthood were going to send out to do abortions never materialized. It was a ridiculous idea. In the past few years, 40 Days for Life campaigns resulted in closures in Chicago, Colorado, Michigan, New Jersey, Ohio, Seattle, and the Bronx. God continues to bless our efforts.
On February 20th, Shawn Carney was interviewed by Fr. Robert McTiegue, S.J., on The Catholic Current on The Station of the Cross. It is a great interview. It is attached below or you can go to the archives and listen to it.
Upcoming events:
Candlelight Vigil Friday night at 7 pm Fr. Michael Nolan from St. Mary’s in Waltham.
Saturday Spanish Vigil at 10:30 am, March 2, Brother Juan Diego from the FPO’s is leading.
Sunday Family Vigil 2 pm, Fr. Maxwell Chuckwudiebere from St. Catherine of Siena in Norwood. This will be the last Sunday we have a bus from Norwood, leaving the town pkg lot at 12:45 pm and picking up opposite Moseley’s in Dedham at 1 pm. Please bring your friends if you are coming on the bus!!!!
Tuesday Rosary Vigils at 2 pm, Fr. Kwang Lee, Our Lady of Grace in Pepperell and St. John the Evangelist in Townsend
Sat. March 9 Helpers of God’s Precious Infants. Join us to pray all 3 mysteries of the Holy Rosary in front of Planned Parenthood, 1055 Commonwealth Ave., Boston, second Saturday at 9 am.
Tues. March 12 Mass Citizens for Life free Zoom webinar featuring Erika Bachiochi, “What can the Pro-Life Movement Learn from the 19th Century Women’s Rights Movement?” 7:30 to 8:30 pm. Register at https://www.masscitizensforlife.org/prolife_lessons_from_19th-century_women_s_rights_movement_with_erika_bachiochi
Sat. March 16 Pro-life mass at The Fatima Shrine, 155 Washington St., Brighton, every 3rd Saturday at 10:30 am
Rita
Rita Russo
Campaign Director
40 Days for Life Boston
781-762-4391
Indifference is the greatest sin of the 20th Century. St. Maximillian Kolbe
Updated Dec. 4, 2023
Dear Friends for Life,
It gives me great pleasure to report that this fall's campaign has been updated to 501 babies saved from abortion (that we know of), three abortion workers led to become pro-life and leave their jobs, and two abortion facilities closed forever! You can watch the recap of that campaign here: 40daysforlife.com/standup
That number is dwarfed by the thousands of babies being saved in states that have banned abortion. Prior to that, the CDC data indicates that abortions increased by about 5% between 2020 and 2021, meaning more babies lost their lives to abortions. It showed 625,798 abortions occurred in 2021, although a more accurate figure puts the number of abortions around 900,000. Chemical abortions increased from 53.4% to 56%, that is in contrast to 2016 where only 33.1% involved the dangerous abortion drug mifepristone.
There is more bad news on the abortion front. The Biden administration wants to bring manual vacuum aspirators (MVAs), already in use around the world, home to the United States! Stephen Mosher and the Populations Research Institute have produced a three-part mini-series about these nasty little hand-held suction abortion machines. You can watch them here: https://www.pop.org/mva-video/
They have also produced a great free booklet on the abortion pill here: https://www.pop.org/wp-content/uploads/2023/08/The-Abortion-Pill-Cited-1.pdf
And a map and list of abortion laws by state here: https://www.pop.org/abortion-laws-by-state-2023/
Upcoming Events:
Wednesday, December 6 from 6 to 10 pm
Freedom 2023, at the Boston Newton Marriott, a fundraiser for The O’Connell House, a brand new safe house for women who have been sex trafficked and may be pregnant or have a small child. Exclusive opportunity to meet and greet Jim Caviezel, the actor with the leading role in The Sound of Freedom movie. Tickets are $200. A flier is attached and deadline to register has been extended.
Saturday, December 16 from 9:30 to 10:30 am
Empty Manger Christmas Caroling at Planned Parenthood in Boston, 1055 Commonwealth Ave. Bring the Christmas message of peace and joy to the darkness of the abortion clinic. Join other pro-lifers at abortion facilities across the country as we sing our favorite carols reminding abortion-bound mothers that the salvation of the world came through an unplanned pregnancy! We pray that God will touch a mother’s heart and save her baby. Pat O’Donnell will lead us in song.
February 14 to March 24th
40 Days for Life Campaign - Mark your calendars!
Please pray for peace in the world and peace in the womb! Also pray for the DC 9 who have been imprisoned for standing up for life at the third trimester abortion facility in DC. Merry Christmas and a Blessed New Year to all!
United for life,
Rita
Rita Russo
Campaign Director
40 Days for Life Boston
781-762-4391
Indifference is the greatest sin of the 20th Century. St. Maximillian Kolbe
Updated September 20, 2021
Dear Friends for Life,
Thank you to all of those who came and helped make our Prayer Launch such a great success. Fr. Mike McNamara said a beautiful mass for us and Steve Karlen’s presentation got rave reviews. As is usually the case, the time of fellowship afterwards found people reluctant to leave. It was a very graced event.
Wednesday is our Kick Off on the sidewalk in front of Planned Parenthood, 1055 Commonwealth Ave. in Boston at 2 pm. One of our Boston Franciscans of the Primitive Observance will lead us in prayer and speak on the cause for life. Come help us get the campaign off to a great start.
The rest of the week’s events are as follows:
Thursday night Praise and Worship at 6 pm: Pastor Robert Kellifer will preach and lead us in song.
Friday night Candlelight Vigil at 7 pm: Fr. Edward Riley will lead the Holy Rosary and the Divine Mercy Chaplet.
Saturday morning Spanish Vigil at 10:30 am: Fr. James Doran will lead the Holy Rosary and the Divine Mercy Chaplet in Spanish.
Sunday afternoon Family Vigil at 2 pm: Fr. Michael Zimmerman will lead the Holy Rosary and the Divine Mercy Chaplet.
Please help us fill those vigil hours from 7 am to 7 pm daily. You can use the online vigil calendar at www.40daysforlife.com/boston . Remember, this is a peaceful vigil. Do not argue with anyone. If you are uncomfortable, go into a store on either side of PP where there are other people. If you are harassed, please call 911 and ask for assistance. No one should vigil alone. Invite a friend to join you if no one is signed up for your time slot. If you cannot find anyone, come to a group event.
40 Days for Life promo video, 4.5 minutes, can be viewed here:
“Meet Baby Olivia” is a 3 minute human development video put out by Live Action. You can view it here: www.babyolivia.com
https://crsboston.com/4dc98115-beaa-4bab-80f8-597e331a21bf" alt="What to say when.png" />Shawn Carney and Steve Karlen’s new book,
“What to Say When”
the complete new guide to discussing abortion, is now available.
https://www.40daysforlife.com/en/whattosaywhen
The time to stand up for life is NOW! Come join us on the sidewalk as we pray and give witness to life.
God bless you.
United for life,
Rita
Rita Russo
Campaign Director
40 Days for Life Boston
781-762-4391
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Act Now to Stop Most Extreme Abortion Bill Ever
Congress is about to vote on the most radical abortion bill of all time.
The so-called “Women’s Health Protection Act” (H.R. 3755/S. 1975) would impose abortion on demand, at any stage of pregnancy. It would apply nationwide—even in states that don’t want it.
Even modest and popular pro-life laws at every level of government—the federal, state, and local level—would be on the chopping block. This includes parental notification for minor girls, informed consent, and health or safety protections for abortion facilities.
It would force Americans to pay for abortions here and abroad with their tax dollars.
It would also likely force health care professionals like doctors and nurses to perform, assist in, and/or refer for abortion against their deeply-held beliefs. Employers and insurers would be forced to cover or pay for abortion.
We need to tell the House NOW that this horrible bill must never be enacted.
Join Archbishop Naumann in demanding the House oppose H.R. 3755/S.1975.
Check out the Archbishop’s letter (1st Below) and this fact sheet (2nd Below)to learn more about what you can do to STOP this bill from becoming law
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Letter to Representatives in Opposition to the Women’s Health Protection Act (September 2021)
Dear Representative:
September 15, 2021
I write to express strong opposition to the Women’s Health Protection Act (WHPA), H.R. 3755/S. 1975. This deceptively-named, extreme bill would impose abortion on demand nationwide at any stage of pregnancy through federal statute. Even worse, it would eliminate modest and widely supported pro-life laws at every level of government -- the federal, state, and local level -- including parental notification for minor girls, informed consent, and health or safety protections specific to abortion facilities. It would force all Americans to support abortions here and abroad with their tax dollars. It would also likely force health care providers and professionals to perform, assist in, and/or refer for abortion against their deeply- held beliefs, as well as force employers and insurers to cover or pay for abortion. The details of this radical bill are more fully documented in this fact sheet.
This bill, however, would catapult our nation further away from this greatness by legislatively enshrining the killing of defenseless, voiceless
human beings. And as Pope Francis stated regarding unborn children, “Their killing in huge numbers, with the endorsement of States, is a serious problem that undermines the foundations of the construction of justice, compromising the proper solution of any other human and social issue.”2
This bill insists that elective abortion, including late-term elective abortion, is a “human right” and “women’s health care” -- something that should be promoted, funded, and celebrated.
In fact, abortion is the opposite of women’s health care, and is an extreme violation of human rights. It has no clear justification in terms of women’s health. Obstetricians and Gynecologists worldwide agree that it is never medically necessary to intentionally destroy an unborn child to save a mother's life.3 If an OBGYN needs to save a mother's life after 20 weeks, that OBGYN will deliver that mom and baby in an environment where both can receive the life sustaining treatments necessary. Further, abortion may even harm women’s health, and their lives, including or especially low-income women. As soon as the Hyde Amendment prevented
federal dollars from funding abortion, abortion complications for women affected by the policy went down.4
Answering the needs of women by promoting taxpayer-funded elective abortion, as this bill would do, is a failure to love and serve women. Offering free or low-cost abortions, instead of the resources needed to care for her child, is not “choice” but coercion. It communicates to a mother in need that there is no hope for her or her child and perpetuates injustices that drive mothers to end the lives of their children. As a nation built on the recognition that every human being is endowed by its Creator with the unalienable rights to life, liberty and the pursuit of happiness, we must reject this bill and embrace public policy that respects and facilitates these rights and needs of both mother and child.
The Catholic Church, through its numerous institutions and programs, consistently seeks to embody this life-affirming and supportive mission for every human life, regardless of its condition or stage of development. This is why the Church supports a robust social safety net for persons who are poor or otherwise experiencing hardship, supports the dignity and rights of migrants, and opposes the death penalty. And this is the reason why the Church supports, helps staff and fund pregnancy-help centers and ministries, and initiated “Walking with Moms in Need” (WWMIN). WWMIN is a nationwide initiative to engage every Catholic parish in providing a safety net to ensure that pregnant and parenting moms have the resources, love, and support they need to nurture the lives of their children.
In its assumption that abortion can be the only, or best, solution to a crisis pregnancy, the Women’s Health Protection Act is built on a false and despairing narrative. In treating abortion as the moral equivalent to the removal of an appendix, this proposal is radically out of step with the American public. I strongly urge you to reject this bill and to put the energy and resources of our federal government behind policies that recognize and support both mothers and their children.
Sincerely,
Most Reverend Joseph F. Naumann Chairman, Committee on Pro-Life Activities United States Conference of Catholic Bishops
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FACT SHEET
The Women’s Health Protection Act
• The “Women’s Health Protection Act” would impose abortion on demand nationwide at any stage of pregnancy through federal statute. Immediately upon passage, the WHPA would invalidate state laws banning abortion at any stage of pregnancy, including laws that prohibit abortion based on race, sex, disability, or other characteristic.i
-
Pre-viability abortions would be allowed across the country for any reason.ii
-
Post-viability abortions would be allowed nationwide without meaningful limitation. Under the WHPA, such abortions would require only the “good-faith” medical judgment of a health care provider that “continuation of pregnancy” would pose “a risk” to the pregnant woman’s “life or health.” The WHPA defines “health care provider” broadly; the term is not limited to physicians. The provider’s judgment need not be objectivelyreasonable. The abortion must be allowed even if the baby could be safely delivered alive (there is no requirement that an abortion be necessary to avoid maternal risk, only that the provider make a good faith judgment that continuation of pregnancy would pose such a risk). The abortion must be allowed if, in the provider’s good faith judgment, there is any risk, whether physical or mental, however insignificant or remote the risk. These various qualifications essentially allow abortion on demand even after viability.
-
These rules would have a preemptive effect on all other federal and state laws.iii
• The WHPA would render invalid state and federal laws that prohibit a particular method of abortion.iv
• The WHPA would invalidate a host of laws that regulate abortion, including—
--laws requiring that abortion be performed only by a physician,v --ultrasound laws,vi
--parental notice or consent laws,vii
--waiting period laws,viii
--admitting privilege laws,ix
--laws that regulate prescribing, dispensing, or administering drugs for the purpose of inducing an abortion,x
--laws regulating or restricting the use of telemedicine specifically in relation to abortion,xi
--health or safety regulations specific to abortion facilities,xii
https://crsboston.com/6c69d696-c589-4e9b-8f5c-56894f2ca6a6" alt="page1image1626026816" width="176.060000" height="0.600010">
1
--licensure, certification, and other credentialing requirements specific to a health professionals or facilities that performs abortions,xiii
--laws prohibiting government funding for abortion,xiv
--laws prohibiting use of government-owned or -operated facilities for an abortion,xv
--laws authorizing the exclusion of abortion coverage from a health plan,xvi
--laws creating any “similar” limitation; and
--laws that “impede access” to abortion, no matter how reasonable the law or how slight the impediment, including (a) any law that would delay or deter “some” patients in obtaining an abortion even if there would be no delay or deterrence in the vast majority of cases, and (b) any law that would increase the cost of an abortion, no matter how reasonable the law or how negligible the increased cost.
• The WHPA would likely trump conscience laws, state and federal, that protect the right of health care providers and professionals, employers, and insurers not to perform, assist in, refer for, cover, or pay for abortion.xvii The WHPA expressly eliminates defenses under the Religious Freedom Restoration Act.xviii
• A defense against any claimed violation of the WHPA can be successfully mounted only if the party defending the challenged pro-life law advances clear and convincing evidence (a more difficult standard to meet than mere preponderance of the evidence) that the challenged limitation or requirement “significantly advances the safety of abortion services or the health of patients” and “the safety of abortion services or the health of patients cannot be advanced by a less restrictive alternative measure or action.” [Emphasis added.] Thus, the Act would subject abortion regulations to a form of strict scrutiny in which the party defending the abortion law, rather than the party challenging it, bears a heavy burden of proof. Even a law that straightforwardly advances women’s health would be invalid unless the party defending it can present clear and convincing evidence that the advancement is “significant,” and that no less restrictive alternative is possible.
• The WHPA defines “abortion” to include not only abortion, but “any medical or non-medical services related to or provided in conjunction with an abortion (whether or not provided at the same time or on the same day as the abortion).” [Emphasis added.] For this reason, all that the bill does with respect to abortion would apply equally to other services, potentially to include contraceptives and sterilization. The WHPA’s findings refer specifically to contraceptives (see Finding 14), as well as “LGBTQ health services,” an apparent reference to sex reassignmenttreatment.
• The WHPA authorizes the Attorney General, and any aggrieved individual or entity, to sue for injunctive relief for a claimed violation of the WHPA. Under the WHPA, a court “shall” award litigation costs and attorney fees to the prevailing plaintiff.
September 2021 (revised)
2
i The WHPA bars any “requirement that a patient seeking abortion services at any point or points in time prior to fetal viability disclose the patient’s reason or reasons for seeking abortion services, or a limitation on the provision or obtaining of abortion services at any point or points in time prior to fetal viability based on any actual, perceived, or potential reason or reasons of the patient for obtaining abortion services, regardless of whether the limitation is based on a health care provider’s degree of actual or constructive knowledge of such reason or reasons.” Even as to post-viability abortions, the broad discretion granted to a health care provider to perform an abortion based on the provider’s good faith judgment that continuation of pregnancy would pose a “risk,” however insubstantial or remote, to the woman’s health, would seem to bar any rule prohibiting an abortion sought, in whole or in part, because of the unborn child’s race, gender, disability, or other trait.
ii The WHPA would bar any “prohibition on abortion at any point or points in time prior to fetal viability, including a prohibition or restriction on a particular abortion procedure.” By virtue of an express exclusion, the bill does not apply to the partial birth abortion procedure as described in the federal law banning that procedure; the bill could apply to partial birth abortion procedures if defined differently in state law.
iii The WHPA “supersedes and applies to the law of the Federal Government and each State government, and the implementation of such law, whether statutory, common law, or otherwise, and whether adopted before or after the date of enactment of this Act, and neither the Federal Government nor any State government shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law that conflicts with any provision of this Act, notwithstanding any other provision of Federal law, including the Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).” The only exception is for “[f]ederal statutory law adopted after the date of the enactment of this Act” that “explicitly excludes ... application” of the WHPA “by reference to” the WHPA. The term “states” includes not only all of the several states, but “the District of Columbia, theCommonwealth of Puerto Rico, and each territory and possession of the United States, and any subdivision of any of the foregoing.” Thus, for example, the Act would trump regulations issued by local (e.g., municipal and county) governments.
iv This is made explicit for pre-viability abortions, see note ii supra, and is also likely true of post-viability abortions under provisions of the Act that bar (a) “similar” restrictions or limitations, or (b) restrictions or limitations that “impede access” to abortion.
v This follows in part from the expansive definition of “health care provider.”
vi The WHPA bars any “requirement that a health care provider perform specific tests or medical procedures in connection with the provision of abortion services, unless generally required for the provision of medically comparable procedures.”
vii The WHPA lists “parental involvement laws (notification and consent” as one type of a law that “obstruct[s]” access to abortion. See also Finding 16 of the bill, referring to third-party authorization laws as among the “medically unnecessary barriers to abortion services.”
viii The WHPA bars any “requirement that, prior to obtaining an abortion, a patient make one or more medically un- necessary in-person visits to the provider of abortion services or to any individual or entity that does not provide abortion services.” See also Finding 16 of the bill, referring to waiting periods as among the “medically unnecessary barriers to abortion services.”
ix The WHPA bars any “requirement or limitation concerning ... staffing ... or hospital transfer arrangements of facilities where abortion services are provided ... that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed.”
x The WHPA bars any “limitation on a health care provider’s ability to prescribe or dispense drugs based on current evidence-based regimens or the provider’s good-faith medical judgment, other than a limitation generally applicable to the medical profession.”
3
xi The WHPA bars any “limitation on a provider’s ability to provide abortion services via telemedicine, other than a limitation generally applicable to the provision of medical services via telemedicine.” This provision would likely lead to the overturning of recent state efforts to prevent self-abortions using Mifiprex without an initial doctor's visit.
xii The WHPA bars any “requirement or limitation concerning the physical plant [or] equipment ... [or] staffing ... of facilities where abortion services are provided ... that is not imposed on facilities ... where medically comparable procedures are performed.”
xiii The WHPA bars any “requirement or limitation concerning the ... staffing ... of facilities where abortion services are provided, or the credentials or hospital privileges or status of personnel at such facilities, that is not imposed on facilities or the personnel of facilities where medically comparable procedures are performed.” Elsewhere the WHPA states that “[h]ealth care providers are subject to license laws in various jurisdictions, which are not affected by this Act except as provided in this Act.” [Emphasis added.] The italicized language renders the exclusion of license laws from the Act meaningless.
xiv The WHPA states that a “health care provider has a statutory right to provide abortion services, and may provide abortion services, and that provider’s patient has a corresponding right to receive such services, without a limitation or requirement that ... both ... (A) expressly, effectively, implicitly, or as implemented singles out the provision of abortion services, health care providers who provide abortion services, or facilities in which abortion services are provided; and (B) impedes access to abortion services.” Government prohibitions on abortion funding of abortion would likely fail to pass the first part of this test because they typically identify abortion as an excluded item from funding (as, for example, the Hyde amendment does), and it is plausible, if not likely, that such prohibitions would be viewed as impeding access, as there is no requirement that the impediment be substantial, thereby failing the second part of this test. In addition, as noted below, the Act prohibits any “similar” restriction or limitation.
xv See the preceding footnote.
xvi The WHPA specifically lists “prohibitions of, and restrictions on, insurance coverage” as one type of law that, the bill claims, obstructs access to abortion. Elsewhere the bill states that the provisions of the WHPA “shall not supersede or apply to ... insurance or medical assistance coverage of abortion services” (emphasis added), but it is not clear whether coverage includes exclusions from coverage.
xvii Though not specifically referenced in the WHPA, it would be argued that such laws single out, and impede access to, abortion services in contravention of the WHPA. See note xiv supra.
xviii See note iii supra.