News & Analysis as of

Women's Rights Patient Access Abortion

Epstein Becker & Green

Georgia & North Dakota: More State Judges Question the Constitutionality of Abortion Bans

Epstein Becker & Green on

State courts continue to debate whether a state’s constitution recognizes a right to “liberty of privacy” or personal autonomy that would encompass the right to make personal health care decisions, including abortion....more

Holtzman Vogel Baran Torchinsky & Josefiak

Early Returns Podcast with Jan Baran - Josh Gerstein: SCOTUS, the Presidential Immunity Case Fallout, and the Dobbs Case Leak...

A very unusual and historic week of political and legal events just preceded America’s Independence Day. The Supreme Court of the United States ended its term with pivotal decisions, including a number that affect former...more

Akerman LLP - Health Law Rx

What’s it to You? Justice Scalia’s 41-Year-Old Gatekeeping Question on “Standing” Influences Court to Uphold FDA’s Regulation of...

Mifepristone is safe for now. On June 13, 2024, the Supreme Court unanimously held that the plaintiffs — doctors and medical associations alike — lacked standing to challenge 2000 and 2019 FDA approvals of mifepristone (brand...more

Robinson+Cole Health Law Diagnosis

MA and CT Pave the Way for Emergency Contraception Vending Machines

State Law Permitting Dispensation of Emergency Contraception by Vending Machines - Legislation passed in 2022 in Massachusetts and in 2023 in Connecticut removes barriers for college students trying to obtain emergency...more

Manatt, Phelps & Phillips, LLP

State Supreme Court Decisions Severely Restrict Access to Abortion in Arizona and Florida

In the aftermath of the Supreme Court’s decision to overturn the federal constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, individual states continue to decide the legality of abortion on a...more

Manatt, Phelps & Phillips, LLP

FY 2025 Executive Budget Women’s Health Highlights

Earlier this week, Governor Kathy Hochul released her Executive Budget proposal totaling $233 billion for State Fiscal Year 2025. The budget proposes several initiatives targeted at improving access to, quality of, and...more

Manatt, Phelps & Phillips, LLP

Abortion Access and Coverage Survey Results: Key Findings

Editor’s Note: Manatt Health conducted a survey of all 34 states in which abortion is legal as of November 7, 2023, broadly classifying them based on their Medicaid coverage policies, private or exchange-based insurance...more

Manatt, Phelps & Phillips, LLP

Supreme Court Will Hear Medication Abortion Case; Three States Ask to Intervene in District Court

The Big Picture - On December 13, 2023, the Supreme Court announced its intention to review the August 16 ruling by the Fifth Circuit in Alliance for Hippocratic Medicine (AHM) v. U.S. Food and Drug Administration, et al....more

Epstein Becker & Green

Abortion Rights to Be Codified in Ohio State Constitution

Epstein Becker & Green on

On November 7, 2023, the citizens of the state of Ohio voted to codify reproductive rights, including the right to abortion, in the state constitution. In 2019, Ohio banned nearly all abortions once fetal cardiac...more

Manatt, Phelps & Phillips, LLP

California Enacts Laws to Further Protect Reproductive Health Data

Last week, California Governor Gavin Newsom signed a package of legislation intended to strengthen the state’s shield laws, which provide protections to patients receiving and providers rendering reproductive health services,...more

Manatt, Phelps & Phillips, LLP

State Abortion Shield Laws: Key Findings and Infographic

Since the Supreme Court overturned Roe v. Wade and states became responsible for abortion protections, a patchwork of laws has been passed across the United States. Some states have strengthened their protections to promote...more

Manatt, Phelps & Phillips, LLP

5th Circuit Rejects FDA Actions Expanding Access to Medication Abortion; Supreme Court Review Likely

On Wednesday, August 16, the Fifth Circuit Court of Appeals issued a ruling upholding parts of a Texas district court’s decision that would, if it becomes effective, severely limit access to mifepristone, one of two pills...more

Nelson Mullins Riley & Scarborough LLP

South Carolina Fetal Heartbeat and Protection from Abortion Act Passed and Immediate Legal Challenges Followed

On May 25, 2023, Governor McMaster signed Senate Bill 474, effectuating the General Assembly’s second attempt at the Fetal Heartbeat and Protection from Abortion Act (the “Act”), which generally prohibits abortion at any...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of May 2023

Morgan Lewis on

It has been almost a year since the US Supreme Court held in Dobbs v. Jackson Women’s Health Organization that there was no constitutional right to abortion and returned the question of abortion to the states, resulting in a...more

Dinsmore & Shohl LLP

Contradictory Court Opinions Leave the Approval of Abortion Medication in Question

Dinsmore & Shohl LLP on

On April 7, 2023, two federal judges in Texas and Washington State issued dueling opinions about the abortion medication Mifepristone, just hours apart. These two decisions come in the midst of growing tension about abortion...more

Robinson & Cole LLP

HHS Seeks to Strengthen Protections of Reproductive Health Information with Proposed Changes to HIPAA

Robinson & Cole LLP on

On April 12, 2023, the U.S. Department of Health & Human Services (HHS) released a Notice of Proposed Rulemaking (Proposed Rule) that seeks to enhance safeguards of reproductive health care information through changes to the...more

Polsinelli

FDA Modifies Mifepristone REMS Program, Establishes Certification Process for Pharmacies

Polsinelli on

On January 3, 2023, FDA released an updated Risk Evaluation and Mitigation Strategy (REMS) for mifepristone. The updated REMS follows a December 2021 FDA announcement that it would eliminate the requirement that mifepristone...more

Quarles & Brady LLP

FDA REMS Protocol Modification Provides a Pathway for Pharmacies to Dispense Mifepristone

Quarles & Brady LLP on

On January 3, 2023, the U.S. Food and Drug Administration (FDA) modified its risk evaluation and mitigation strategy (REMS) program (“Mifepristone REMS Program”) to provide a process for pharmacies to become certified to...more

Akerman LLP - Health Law Rx

Breaking News: Georgia Court Overturns State Abortion Law

On June 24, 2022, the United States Supreme Court issued its seminal decision on abortion, Dobbs v. Jackson Women’s Health Organization, overturning Roe v. Wade and the right to terminate a pregnancy before viability, which...more

Fox Rothschild LLP

In the Boardroom With Resnick and Fuller - Episode 2

Fox Rothschild LLP on

A podcast series in collaboration with PLUS, the Professional Liability Underwriting Society. Episode Two Resnick and Fuller focus on the potential legal liabilities in the wake of the U.S. Supreme Court’s decision in Dobbs...more

Weber Gallagher Simpson Stapleton Fires &...

Let's Talk About the Constitutional Aspects of the Dobbs Decision

Weber Gallagher’s Family Law partners Carolyn Mirabile and John Zurzola discuss the constitutional background in light of the recent Supreme Court decision on Dobbs and the effects. In this informative talk, John provides an...more

Morgan Lewis

Evolving Laws and Litigation Post–Dobbs: The State of Reproductive Rights as of August 30

Morgan Lewis on

Federal litigation was in the spotlight last week with two major decisions related to the Biden-Harris administration’s Emergency Medical Treatment and Labor Act (EMTALA) guidance on providing abortion services as emergency...more

Wyrick Robbins Yates & Ponton LLP

Patient Privacy and Reproductive Health Data in the Dobbs Aftermath

The Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade and Planned Parenthood v. Casey, raises new issues regarding the privacy of reproductive health data. That’s because...more

Dechert LLP

Plan for a Ban: How the Overruling of Roe v. Wade May Impact Employee Healthcare Plans

Dechert LLP on

The U.S. Supreme Court on June 24, 2022, overruled Roe v. Wade, the seminal case in which the Court had recognized the existence of the constitutional right for individuals to obtain an abortion. In Dobbs v. Jackson Women’s...more

Stinson LLP

CMS Says That EMTALA Overrides State Law in Pregnancy Emergencies

Stinson LLP on

On July 11, 2022, United States Secretary of Health and Human Services, Xavier Becerra, issued a letter to hospitals stating that the Federal Emergency Medical Treatment and Active Labor Act (EMTALA) requires physicians and...more

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