Attorneys breakdown ACLU abortion lawsuit

The American Civil Liberties Union lawsuit filed on behalf of two Hawaii-based ob-gyn's who are licensed on Guam, argues that while abortions are legal here, the statute requires they be performed in approved clinics and that patients must be counseled in-person about the procedure. But the law is silent on telemedicine abortion services because they didn't exist when the statute was adopted in 1978. Alexa Colby Molinas, an attorney with the ACLU explained more.

“It's about getting rid of the medically outdated, unnecessary laws that are blocking access to health care,” she said. “The last doctor to perform regular abortions left Guam several years ago.”

Co-counsel and local attorney Vanessa Williams, says now patients have no choice but to go off-island, which most can't afford. It’s not like they're just being inconvenienced. This has become impossible, and it’s become a ban on their constitutional rights to seek this care.

“They're hearing from patients who want access to care and who want to come for care but for many of them, the logistics and financials are just too much,” Molinas said.

The Hawaii doctors are seeking a preliminary injunction from the court that would allow them to counsel patients online on medication abortions, or abortion pills.

“Because of certain FDA rules you have to be an authorized prescriber to prescribe it, which the doctors in Hawaii are,” she said. “And as far as we know there are no authorized prescribers of that medication in Guam, and again that's part of the lack of access.”

aside from the court action, the law can be updated by the legislature to accommodate medical and technological advancements. But Williams says she's gotten no indication that will happen.

“In this last election I had the opportunity to ask candidates this question if they would be if elected would they help amend or revise laws that would or are medically unnecessary and restricting access to abortion, and I can tell you that I don't think there was one elected senator who opted to answer the question or said they would do so,” she said.