State constitutional amendments fueled by a backlash against the Affordable Care Act are now forcing courts to confront the very meaning of “health care” where abortion is against the law.
Abortion rights advocates are focusing on language granting the citizens of Ohio and Wyoming broad rights to choose their health care. The constitutional language came out of fears that Obamacare would limit how Americans could get care.
The new lawsuits urge courts to find a right to an abortion within that state constitutional context, essentially declaring that a right to health care includes medical procedures terminating pregnancy.
Anti-abortion advocates are ...
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