If you were curious if the conservative women’s groups were coming for birth control and IVF, the answer is yes. If you were curious if they want to start tracking doctors to make sure their medical decisions are what they want, the answer is yes
On Oct. 27, the Tennessee affiliate of National Right to Life held a webinar to encourage GOP legislators to hold the line. The anti-abortion organization helped write and lobby for so-called trigger bans — laws that outlawed abortion in anticipation of Roe being overturned — in Republican-majority statehouses across the country.
ProPublica reviewed a recording of the call. It provides the clearest examples yet of the strategy that the law’s architects are pursuing to influence legislators and the public amid growing national concerns that abortion bans endanger women’s health care and lives.
They said they see Tennessee’s ban, with its tiny carve-out for life-saving procedures and steep penalties for doctors, as the best example of a law that protects every potential life — even when it means pregnant patients must face serious risks or trauma in the process. The group has released model legislation suggesting it would like to see similar language adopted across the country, not weakened by exceptions.
During the call, one activist reminded the group about the law’s strict requirements for doctors. “The burden of proof, the onus, is on the doctor to prove that he or she was in the right.”
“It’s not that [the doctor] didn’t violate the text of the statute, it’s that they had a justifiable reason to do so,” said another activist. “And that reason — you’ve drawn it very narrowly — is to save her life, to prevent an organ system from failing.”
Katie Glenn, state policy director at Susan B. Anthony Pro-Life America, discusses how Tennessee’s total abortion ban addresses life-threatening medical emergencies. Credit:Webinar audio reviewed by ProPublica
A Tennessee lawmaker on the call suggested health data could be mined to track and investigate doctors, to make sure the abortions they provided to save patients’ lives were truly necessary.
The discussion also captured anti-abortion groups coaching legislators on messages aimed at swaying the wider public to support their stance.
One researcher said that when lawmakers are challenged about the state’s lack of exceptions for rape and incest cases, they should try to “hide behind the skirts of women” who carried such pregnancies to term and believe abortion is wrong. Others suggested “negativity” toward the law would fade and raised the possibility of regulating contraception and in vitro fertilization in a few years’ time.
She laid out why the anti-abortion movement sees Tennessee’s ban as so important: “The way that many state laws work is they’ll say, ‘Abortion, elective abortion, is generally illegal except in these situations.’ … That’s the way they phrase it, is around this word of an ‘exception,’” she said. “What y’all did is you said, ‘Elective abortion is illegal all the time.’”
Brewer contrasted an “emergency room middle of the night instance, where a woman is bleeding” — which he made clear he believes the law’s affirmative defense covers — with a situation where a woman might want to terminate a pregnancy because of a high-risk medical history.
“That is not an urgent need,” he said. “We want to make sure that these quasi-elective abortions are being stopped.”
Glenn said cases involving abortion pills should not be permitted under the law because the process takes multiple days.
“Nothing about that is an emergency,” she said. Brewer and Glenn did not respond to requests for comment.
In the chat box, Lynn, the representative who first introduced the trigger ban, asked Brewer to check with the state Department of Health to find out if data could be monitored to flag doctors who performed abortions at a higher rate so they could be investigated to find out if patients’ lives were truly at risk.
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