Jenkins v. Lynch - Abortion Access

We challenged a Maine law requiring that abortions be performed solely by physicians, unnecessarily blocking qualified advanced practice clinicians (APCs) from doing so. We dropped the case in June 2019 after Gov. Mills signed legislation ending the ban on qualified nurse practitioners and other APCs.

For the right to abortion to be meaningful, people must also have the means and ability to access that care. Restricting certain qualified medical professionals from providing abortion care is one way states have attempted to limit access. Until 2019, Maine law allowed only physicians to provide abortions – so we sued.

Prohibiting APCs from providing abortion services early in pregnancy are medically unfounded according to strong safety data and medical authorities including the World Health Organization and American Public Health Association. APCs had been safely providing abortion care in other states, including New Hampshire and Vermont, for years while Maine barred them.

This law significantly restricted patient access to abortion services in Maine and prevented some Mainers from receiving care at their regular primary and gynecological care provider (who, in many cases, is an APRN). Some people in rural parts of the state had to travel as far as eight hours round trip for an abortion – even though there was a qualified health care provider in their community who could safely provide this care.

As a result, some people had to delay their abortion while they saved money and arranged for transport, time off work, and childcare, or forgo having an abortion at all. These barriers fell hardest on people who already faced systemic barriers to healthcare, including people of color, people living in rural areas, young people, and people with low incomes. While state law did not ban abortion, restrictions like this still force some people to remain pregnant because they cannot exercise their reproductive freedom.

On June 10, 2019, Governor Janet Mills signed a bill called LD 1261, which ended the ban on qualified nurse practitioners and other APCs providing abortion care. As a result, the lawyers for the plaintiffs and the defendants jointly proposed that the court dismiss the case, which it did on June 12.

With the passage of this law, Maine took a significant stride to protect and expand the safety and autonomy of all people. LD 1261 affirms that abortion is healthcare, and that everyone should have access to the healthcare they need, regardless of where they live.