What the Overturn of Roe v. Wade Means for Alabama
With Roe v. Wade overturned, many Americans believe that women experiencing miscarriages and ectopic pregnancies will no longer have access to the care they need. It’s a stressful and confusing time, especially for women facing unexpected pregnancies!
If you share the same fears, take a deep breath. The Roe v. Wade decision will not affect medical care for inviable pregnancies! Today, we’re examining Alabama’s abortion law, the difference between abortion, miscarriage, and ectopic pregnancy treatment, and how you can get the care you deserve during an unplanned pregnancy!
What is Roe v. Wade?
Roe v. Wade is the 1973 lawsuit in which the U.S. Supreme Court established a constitutional right to abortion. That being said, abortion was not an absolute right, as states could regulate the procedure as they saw fit. However, they couldn’t ban abortion completely. The court determined abortion regulations based on trimesters:
In the first trimester, the abortion decision was “solely at the discretion of the woman”.
During the second trimester, “the state could regulate (but not outlaw) abortions in the interests of the mother’s health”.
After the second trimester, “the fetus became viable, and the state could regulate or outlaw abortions in the interest of the potential life except when necessary to preserve the life or health of the mother”.
What is Dobbs v. Jackson?
Dobbs v. Jackson is the U.S. Supreme Court case that led to the decision to overturn Roe v. Wade and Planned Parenthood of Southeastern Pennsylvania v. Casey.
The case arose in 2018, when Jackson Women’s Health Organization, a Mississippi abortion clinic, challenged the constitutionality of the state’s Gestational Age Act. The act prohibited almost all forms of abortion past 15 weeks of pregnancy, except in the case of “severe fetal abnormality” and medical emergencies. The state of Mississippi was represented by Scott G. Stewart, a state solicitor general, who argued that the Constitution does not directly guarantee a right to abortion. Ultimately, the Court held that abortion is not a constitutional right.
What is the Alabama Abortion Law?
Abortion is completely illegal in Alabama, according to the Alabama abortion law, also known as the Human Life Protection Act. However, exceptions can be made for “lethal anomalies” and medical emergencies that would put the mother’s life at risk.
That being said, the Human Life Protection Act does not criminalize women who receive abortions. Only abortion providers could face charges if they violate the act. Those found guilty of performing abortions will face class A felony charges, would could result in a life sentence in prison.
Does the Roe v. Wade Decision Affect Miscarriage and Ectopic Pregnancy Treatment?
In the wake of Roe v. Wade and Dobbs v. Jackson, you’ve probably noticed headlines claiming that women experiencing miscarriages and ectopic pregnancies may not be able to get the care they need. These claims are entirely untrue! Alabama’s abortion law explicitly states that the definition of abortion “does not include a procedure or act to terminate the pregnancy of a woman with an ectopic pregnancy”.
Aside from that, abortion is not considered the proper treatment for miscarriage or ectopic pregnancy. While the procedures may seem similar, they aren’t the same. Abortion is only used to terminate viable pregnancies, while miscarriages and ectopic pregnancies are unviable. This is important to keep in mind going forward!
How are Abortions Done?
Abortions are performed in one of two ways. The first is a surgical abortion, which is also known as Dilation and Curettage (D&C). In this procedure, an abortion provider dilates the cervix and inserts a tube into the uterus. A suction device is then used to extra the pregnancy tissue from the uterus.
The other option is the abortion pill, also known as medication abortion. First, mifepristone is taken to block the hormone progesterone. This causes the lining of the uterus to break down and stops the pregnancy from progressing. 24 to 48 hours later, misoprostol is taken. This medication causes the uterus to contract and empties the uterus of the pregnancy tissue.
Miscarriage Treatment
Miscarriage can be treated in a number of ways, depending on the severity of your situation.
Once the miscarriage has been diagnosed by ultrasound, you can choose:
Surgical treatment. Dilation and Curettage (D&C) is mostly used for emergencies, such as when women are experiencing infection symptoms and heavy bleeding after their miscarriage. However, it is also an option in non-emergency situations.
Medical treatment. If you would prefer to complete the miscarriage process sooner, your doctor may prescribe misoprostol. This will encourage the uterus to contract and discharge the pregnancy tissue, usually within 24 hours of taking the medication.
Expectant management. You can allow the miscarriage to proceed on its own if you aren’t experiencing any infection symptoms, but this can take up to four weeks. Be sure to surround yourself with a strong support system and ask for help when you need it to get through this time! If the pregnancy tissue doesn’t pass on its own, you will need to be medically or surgically treated to prevent complications.
You may have noticed that the first two miscarriage treatment methods are also used in abortion. Although they are the same procedures, D&C and misoprostol aren’t considered abortions in the context of miscarriage, because the pregnancy is not viable. Miscarriage treatment remains legal and available to Alabama women!
Ectopic Pregnancy Diagnosis and Treatment
Although ectopic pregnancies are inviable, if you take a pregnancy test, the result will be positive. To officially diagnose the ectopic pregnancy, you will need a transvaginal ultrasound. Once confirmed, there are two treatment options.
Medication. If the ectopic pregnancy is diagnosed early on and there is no excessive bleeding, the ectopic pregnancy can be treated by a medication called methotrexate, which is taken by injection. Methotrexate stops the ectopic pregnancy from progressing and breaks down the existing cells. Following the procedure, your doctor will schedule follow-up appointments to monitor your HCG levels and make sure the procedure was successful.
Laparoscopic surgeries. In more extreme cases, surgery is required to treat ectopic pregnancy. If the fallopian tube hasn’t ruptured yet, a salpingostomy will be performed. In this procedure, the ectopic pregnancy is removed and the fallopian tube is left in place to recover. If the fallopian tube has ruptured and been irreparably damaged, the woman will undergo a salpingectomy. In this procedure, the fallopian tube and the ectopic pregnancy are removed.
Remember: abortion is never needed to treat miscarriage or ectopic pregnancy. If you’re concerned that you may be experiencing a miscarriage or ectopic pregnancy, it’s crucial to receive an ultrasound and seek out the appropriate medical care!
Free Pregnancy Resources in Huntsville, AL
At HPRC, we will continue to put women first and provide the free resources needed to make an informed decision for their unexpected pregnancy:
Get confidential and compassionate care at HPRC. Our client advocates are here to help, every step of the way! Give us a call at (256) 533-3526, send a text to (256) 376-4405, or book your appointment today!
Sources
Library of Congress. (n.d.). Roe v. Wade. Library of Congress. Retrieved from https://tile.loc.gov/storage-services/service/ll/usrep/usrep410/usrep410113/usrep410113.pdf
Cornell Law School. (n.d.). Roe v. Wade (1973). Legal Information Institute. Retrieved from https://www.law.cornell.edu/wex/roe_v_wade_(1973)
Supreme Court of the United States. (n.d.). Dobbs v. Jackson. Supreme Court of the United States. Retrieved from https://www.supremecourt.gov/opinions/21pdf/19-1392_6j37.pdf
Library of Congress. (n.d.). Planned Parenthood of Southeastern Pennsylvania v. Casey. Library of Congress. Retrieved from https://tile.loc.gov/storage-services/service/ll/usrep/usrep505/usrep505833/usrep505833.pdf
Mississippi Legislature. (n.d.). House Bill No. 1510. Mississippi Legislature. Retrieved from http://billstatus.ls.state.ms.us/documents/2018/pdf/HB/1500-1599/HB1510SG.pdf
Alabama Secretary of State. (2019, May 15). The Alabama Human Life Protection Act, HB314. Alabama Secretary of State. Retrieved from https://arc-sos.state.al.us/ucp/B19136AA.ACR.pdf
Alabama Attorney General's Office. (2022, June 24). Elective Abortions Are Illegal in Alabama. alabamaag.gov. Retrieved from https://www.alabamaag.gov/Documents/news/Elective%20Abortions%20are%20Illegal%20in%20Alabama_Court%20Removes%20Injunction%20Against%20the%20Alabama%20Human%20Life%20Protection%20Act.pdf
Mayo Foundation for Medical Education and Research. (2021, October 19). Dilation and curettage (D&C). Mayo Clinic. Retrieved from https://www.mayoclinic.org/tests-procedures/dilation-and-curettage/about/pac-20384910
Mayo Foundation for Medical Education and Research. (2021, October 16). Miscarriage. Mayo Clinic. Retrieved from https://www.mayoclinic.org/diseases-conditions/pregnancy-loss-miscarriage/diagnosis-treatment/drc-20354304
Mayo Foundation for Medical Education and Research. (2022, March 12). Ectopic pregnancy. Mayo Clinic. Retrieved from https://www.mayoclinic.org/diseases-conditions/ectopic-pregnancy/diagnosis-treatment/drc-20372093#