Planned Parenthood Great Northwest, Hawai‘i, Alaska, Indiana, Kentucky v. State of Alaska Expanding abortion access in Alaska

Contact

Legal Voice Communications
media@legalvoice.org

Background

In the United States, pregnant people regularly rely on advanced practice clinicians (APCs) for reproductive health care. These trusted professionals include physician assistants, registered nurses, and certified nurse midwives. They have advanced degrees and perform a wide range of services, including abortions. APCs also play a crucial role in providing health care in underserved areas, such as rural Alaska.

It may come as a surprise, then, to learn that it’s long been a crime for APCs to provide abortions in Alaska. A law enacted in 1970, AS 18.16.010(a)(1), says that only licensed physicians can perform abortions. Those who violate the law face up to five years in prison or a fine of up to $1,000.

In 2019, Planned Parenthood Great Northwest, Hawai’i, Alaska, Indiana, and Kentucky filed a lawsuit to finally put an end to this unnecessary and harmful law. 

Our Argument

The Alaska state constitution guarantees the rights to privacy, liberty, and equal protection.

The rights to privacy and liberty include rights related to abortion health care. Alaskans have the right to get an abortion, choose what kind of abortion they get, and go to a qualified provider of their choice. The APC ban interferes with all three of these rights by prohibiting certain types of health care professionals from providing abortions. This restriction limits the number of providers and makes it more difficult to access care.

The APC ban also violates the right to equal protection. First, the law discriminates against people who choose to end their pregnancies. It does so by making abortion less accessible than pregnancy care that has a similar risk. For example, it blocks APCs from performing aspiration abortions but allows them to perform the same procedure to treat miscarriage. In addition, the ban discriminates against APCs. Even though they’re as qualified as physicians to perform early abortions, the law does not allow them to do so.

To defend the APC ban, the state would need to prove two points. First, it would need to show that the APC ban advances a compelling state interest. Second, it would need to show that the law is the least restrictive way to achieve that state interest. Neither of these points are possible to prove.

There is a medical consensus, based on extensive evidence, that qualified APCs can safely perform early abortions. That’s why many states already allow them to do so. In New England, for instance, APCs have provided abortion health care for decades. 

Co-Counsel

Stoel Rives 

Stoel Rives is a corporate and litigation law firm that works in Alaska, California, Idaho, Minnesota, Oregon, Utah, Washington, and Washington, D.C.  The firm’s dedication to pro bono work has made them a great ally in our work. 

Planned Parenthood Federation of America

With nearly 600 health centers across the country, Planned Parenthood organizations serve all patients with care, compassion, and respect.

The ACLU of Alaska

The ACLU of Alaska defends the civil rights and liberties of all Alaskans through litigation, advocacy, and community engagement.