Since early spring, the COVID-19 pandemic has taken a horrific toll on Americans in ways direct and indirect. Across the country, lawmakers almost immediately seized on the pandemic as an excuse to label abortion a “non-essential” service and attempted either to close down providers or to place further limits on abortion services.
Well, it’s August, and some of the resulting lawsuits have now had a chance to play out. B. Jessie Hill, Judge Ben C. Green Professor of Law at Case Western Reserve University School of Law, has been at the center of the legal battle, arguing successfully to keep the Preterm clinic in Cleveland, Ohio, open. Hill offers a summary of the pandemic-era cases in the Virginia Law Review, in “Essentially Elective: The Law and Ideology of Restricting Abortion During the COVID-19 Pandemic.” She concludes that “for long-term protection of abortion rights, abortion must be reframed as a medically necessary and appropriate treatment, and it must be rhetorically re-incorporated into health care more generally.” The article is well worth a read.