Overnight Health Care — Texas becomes new battleground on abortion

View in your browser OVERNIGHT POLICY: Healthcare Texas becomes new battleground on abortion © Getty images Welcome to Wednesday’s Overnight Health Care, where we’re following the latest moves on policy and news affecting your health. Subscribe here: thehill.com/newsletter-signup. There was a tornado today in…Maryland? Stay safe out there!  The Supreme Court has not stepped in to stop a six-week abortion ban from going into effect in Texas, setting up a challenge to abortion rights and Roe v. Wade. The move positions The Lone Star State as the new battleground over abortion rights. For The Hill, we’re Peter Sullivan (psullivan@thehill.com), Nathaniel Weixel (nweixel@thehill.com) and Justine Coleman (jcoleman@thehill.com). Write to us with tips and feedback, and follow us on Twitter: @PeterSullivan4, @NateWeixel and @JustineColeman8. Let’s get started. Six-week abortion ban goes into effect in Texas © Getty Images A Texas bill banning virtually all abortions after a heartbeat is detected, which can occur in as few as six weeks, went into effect at midnight on Wednesday after the Supreme Court did not move to block it. Texas Gov. Greg Abbott (R) signed the controversial legislation, referred to as the “fetal heartbeat bill" by many, in May, and it was set to go into effect on Sept. 1. It is the strictest abortion ban in the country. In addition to prohibiting virtually all abortions after a heartbeat is detected, the bill allows most private citizens to file lawsuits against abortion providers if they have a suspicion that the provider infringed on the new policy. The law makes an exception for medical emergencies. Abortion providers had asked the Supreme Court to block the contentious legislation. A group of abortion providers on Monday filed a request to Justice Samuel Alito, who oversees emergency issues that stem from Texas. The court could still grant the request from abortion providers and their advocates in coming days, but advocates argue the damage has already been done.  What does the lack of action on this mean for Roe v. Wade? The providers contended that the new Texas law violates the 1973 Supreme Court decision in Roe v. Wade, which legalized abortion throughout the country. They argue the law effectively eliminates the guarantee in Roe v. Wade that women have a right to end their pregnancies before viability and that states may not impose undue burdens on that decision. “Nearly fifty years ago, this Court held that Texas could not ban abortion prior to viability,” the group wrote in a court brief, referring to the Roe v. Wade decision.  Read more here. BIDEN WEIGHS IN, RIPS ‘EXTREME’ NEW TEXAS ABORTION LAW President Biden said on Wednesday the Texas law that went into effect overnight banning abortions at six weeks “blatantly violates the constitutional right established under Roe v. Wade,” adding that it will drastically affect women’s access to health care. “Today, Texas law SB8 went into effect. This extreme Texas law blatantly violates the constitutional right established under Roe v. Wade and upheld as precedent for nearly half a century,” Biden said in a statement. “The Texas law will significantly impair women’s access to the health care they need, particularly for communities of color and individuals with low incomes.” He also vowed that his administration will work to protect Roe v. Wade, the 1973 Supreme Court decision that legalized abortion in the U.S. “My administration is deeply committed to the constitutional right established in Roe v. Wade nearly five decades ago and will protect and defend that right,” he said. Read more here.  Federal judge approves bankruptcy settlement for Purdue Pharma © (Drew Angerer/Getty Images) A federal judge on Wednesday approved a controversial bankruptcy settlement for OxyContin manufacturer Purdue Pharma that would shield the members of the Sackler family who own the company from future opioid-related claims. Judge Robert Drain signed off on the settlement plan during a six-hour bench ruling, setting the stage for the dissolution of the company. Its assets would be transferred to a new firm owned by a trust and run to combat the opioid crisis. "I wish the plan had provided for more, but I will not jeopardize what the plan does provide," Drain said. The settlement money from the deal would go to government entities, which have agreed to use it to address the opioid crisis, along with individual victims and their families. Purdue, the maker of OxyContin, filed for bankruptcy in 2019 in an attempt to settle about 3,000 lawsuits from states, tribes and other local entities related to the company's aggressive opioid marketing that they argue contributed to the opioid crisis that has killed nearly 500,000 people over the past 20 years. Read more here. PFIZER LAUNCHES COVID-19 PILL TRIAL Pfizer on Wednesday announced that it had initiated a later-stage clinical trial for a pill that could potentially treat COVID-19. An unmet need: If proven to be safe and effective, the drug could fill a need for a widespread, easier-to-use treatment, as opposed to an infusion like remdesivir, another treatment.  Pfizer is beginning a trial that will enroll 1,140 participants, the company said.  The drug could eventually be used in a "broad" population of patients, Pfizer said, namely people who have symptomatic cases of COVID-19 and are not hospitalized or at risk of severe illness. A separate trial began in July for people who are at risk of severe illness. “Success against #COVID19 will likely require both vaccines & treatments,” Pfizer CEO Albert Bourla tweeted on Wednesday. “We’re pleased to share we’ve started a Phase 2/3 study of our oral antiviral candidate—specifically designed to combat SARS-CoV-2—in non-hospitalized, low-risk adults.” Read more here. MODERNA STARTS DATA SUBMISSION FOR BOOSTER SHOT Moderna on Wednesday said it has begun submitting data to the Food and Drug Administration (FDA) about a booster dose of its COVID-19 vaccine. The data submitted is for the use of a booster dose of its authorized two-shot vaccine at the 50 microgram dose, the company said. The company said neutralizing antibodies had waned "significantly" prior to boosting approximately six months after the second dose.  The Biden administration announced last month that boosters would be available the week of Sept. 20 to most people fully vaccinated eight months earlier. Context: The announcement comes after the U.S. authorized third doses of both Moderna and Pfizer's COVID-19 vaccines for immunocompromised people last month, but boosters for the general public are not yet authorized.  More than 1 million people have since received a third dose according to the Centers for Disease Control and Prevention, though the agency does not distinguish if the people were immunocompromised.    What's next: Shortly after the announcement from Moderna, FDA scheduled a key meeting of its outside advisory committee on vaccines. The group will meet Sept. 17 to discuss data from the Pfizer-BioNTech booster application — just three days before the Biden administration's self-declared start date. It's not clear if the scientists will follow the administration's plan, though their recommendations are non-binding.     Read more here. WHAT WE'RE READING Full FDA approval triggers more universities to require the COVID-19 vaccine (NPR)  WHO presses world leaders to hold off on Covid vaccine booster shots through September (CNBC)  Verbal and physical attacks on health workers surge as emotions boil during latest COVID-19 wave (Texas Tribune) STATE BY STATE Texas district closes schools after Covid kills two teachers in one week (Washington Post)  Georgia hospitals in crisis as COVID patient load sets records (Atlanta Journal-Constitution)  Sarasota Memorial Hospital expands ICU to 120 beds, the most since the pandemic began (Sarasota Herald-Tribune)  OP-EDS IN THE HILL COVID-19 vaccines: Public health before personal liberty Repealing Roe v. Wade: A major midterm issue The paradox at the heart of the vaccine mandate debate That’s it for today, thanks for reading. Check out The Hill’s healthcare page for the latest news and coverage. We’ll see you Thursday.  Sign Up for Healthcare Forward Healthcare Privacy Policy  |   Manage Subscriptions  |   Unsubscribe Email to a friend  |   Sign Up for Other Newsletters The Hill 1625 K Street, NW 9th Floor, Washington DC 20006 © 1998 - 2021 Nexstar Media Inc. | All Rights Reserved.

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