Alaska Supreme Court Hears Arguments on Abortion Care Providers

The Alaska Supreme Court is currently deliberating a pivotal case that will determine who is legally permitted to provide abortion care in the state. On March 6, 2024, the court heard arguments in a 2019 case that challenges the constitutionality of a longstanding law requiring only doctors licensed by the State Medical Board to perform abortions in Alaska. This law, rooted in the 1970s, was deemed unconstitutional by Superior Court Judge Josie Garton in 2023, marking a significant victory for Planned Parenthood Great Northwest, Hawaii, Alaska, Indiana, Kentucky, which spearheaded the challenge. The state has since appealed this ruling.

Planned Parenthood maintains that there is no medical rationale for the existing restriction, arguing that it imposes undue burdens on individuals seeking abortions by significantly narrowing the pool of qualified providers. In 2021, Judge Garton permitted advanced practice clinicians—such as nurse practitioners and physician assistants—to administer medication abortions while the case continued. Since that ruling, these clinicians have been able to offer procedural abortions as well, according to Planned Parenthood.

Advanced practice clinicians routinely deliver care that involves similar risks and complexities to abortion services. Attorneys for Planned Parenthood pointed out that in 25 states, these healthcare professionals are authorized to provide medication abortion. They emphasized that their clinicians focus on offering abortion care during the first trimester. Since the 2021 decision, these clinicians have been responsible for providing nearly all medication abortions in Alaska.

Planned Parenthood clinics in the state have reported consistent service availability, providing medication abortions daily. Prior to the ruling, doctors employed by Planned Parenthood could only administer medication abortions on a limited basis, potentially once or twice a week at each clinic.

A report from the state’s vital statistics released earlier this year indicates that the total number of abortions in Alaska has remained stable, with figures of 1,229 in 2021, 1,247 in 2022, 1,222 in 2023, and 1,224 in 2024. The landscape of abortion access has shifted dramatically since the U.S. Supreme Court overturned the federal right to abortion in 2022, granting states the authority to regulate the procedure.

Access to healthcare in Alaska presents ongoing challenges, particularly due to the state’s vast geography. Many residents face travel requirements that can span hundreds of miles to reach medical facilities. Recruitment and retention of healthcare providers remain significant hurdles, especially in remote areas where communities are often disconnected from the primary road system. Residents frequently need to fly to larger cities such as Anchorage or Seattle for specialized care, with roundtrip flights costing hundreds of dollars. Adverse weather conditions can further complicate access, causing delays in transportation.

Planned Parenthood operates two clinics in Alaska, located in Anchorage and Fairbanks, having closed its Juneau clinic in 2023. The Alaska Supreme Court has historically interpreted the right to privacy within the state’s constitution to include abortion rights. However, state attorneys argue that Planned Parenthood has not demonstrated that the physician-only law has significantly hindered women’s ability to exercise their right to an abortion.

Attorney Laura Wolff, representing the state, contended that Planned Parenthood could have hired additional doctors if it had deemed it necessary. The state’s filing stated, “Even if an occasional patient were prevented from getting an abortion, the physician-only law is not unconstitutional as applied to all women who are not significantly affected by the law because the law has a plainly legitimate sweep.”

On the opposing side, Camila Vega, an attorney for Planned Parenthood, presented arguments in favor of the organization’s position during the court session on Wednesday. The court has not yet indicated when a ruling is expected. As this case unfolds, the implications for abortion access in Alaska and the broader landscape of reproductive rights remain a focal point of legal and public interest.