Sarah Huckabee Sanders Has Finally Offered An Explanation For Her Super Bowl Extravaganza 

The office of Arkansas Gov. Sarah Huckabee Sanders (R) has issued a statement about her trip to the Super Bowl following a TPM report that highlighted the high costs of her tickets and the ethical questions raised by her big night at the big game. According to a written statement Sanders’ spokesperson, Alexa Henning, provided to the Arkansas Democrat Gazette newspaper, the governor and her family of five “were in the upper level, not a suite” as they cheered on the victorious Kansas City Chiefs.  

“And no taxpayer money was used for tickets to the game for her security detail,” Henning added. 

As a public official, Sanders is subject to regulations that bar her from receiving gifts valued over $100. She had also faced prior controversies related to her use of taxpayer funds. Her family’s big night at the most expensive football game of all time brought up all of these issues — particularly because Henning did not respond to any questions (including multiple inquiries from TPM) about how the governor obtained tickets. 

In fact, much remains unanswered following Henning’s statement — including questions about field passes the family flaunted at the Super Bowl, prior instances where Sanders posted social media photos in which she appeared to be enjoying extraordinary access to Chiefs games, and whether any of this needed to appear on her required financial disclosure documents. The disclosure requirements matter because, even if Sanders did indeed ultimately pay her own way, there are substantial indications she received perks at the Super Bowl and another Chiefs game that were not available on the open market and could be considered a gift for regulatory purposes. 

Sanders’ office did not immediately respond to renewed questions from TPM, following the Wednesday statement, about these details and others. 

Sanders published video and pictures on her Instagram page on Feb. 12, the day after the big game in Las Vegas. The post showed what Ken Solky, one of Sin City’s top ticket brokers, described to TPM as seemingly “not just a suite but a pretty damn good suite.” Arkansas Times Investigative Reporter Matt Campbell also analyzed the clips in a thread on Twitter and pointed out evidence Sanders’ video appeared to be filmed from the suites. 

Henning did not respond to an email asking her to address evidence suggesting that her claim the governor was “in the upper level, not a suite” did not give the full picture. The precise location where Sanders, her husband, and their three children sat raises questions because it would affect the value of her tickets. According to Solky, suite seats had a minimum face value of $37,500 each, which would mean the family’s trip was worth $187,500. Even if they were in cheaper seats, it was still an expensive evening. The cheapest face value tickets were reportedly $2,000 each, which would put the Sanders’ tab at $10,000. 

The governor’s husband, Bryan Sanders, is a Kansas native and the family are ardent Chiefs fans. Sanders may have, as Henning claimed, paid for all of this herself, but tickets were just one part of the family’s Super Bowl experience. 

On Instagram, Sanders posted pictures of her family at pre-game parties and hanging out on the field — including for the halftime show featuring R&B singer Usher. They displayed passes for each of these things including some branded with the Chiefs logo that, according to Solky, were given to the team and other insiders. In her statement, Henning said Sanders would not include any gifts related to the Super Bowl on her financial disclosure for this year, which will be made public in 2025. However, even if she paid for them, if she received passes that were not available on the open market from a private source, that would constitute a gift, experts told TPM. Henning did not respond to follow-up questions from TPM about the Chiefs-branded passes the family displayed in Sanders’ post. 

Theoretically, some of the special Super Bowl passes given via the team could have ended up for sale on the secondary market. If Sanders purchased them there, they would come at a steep markup, but would not be considered a gift, and might not require disclosure. 

However, prior to the Super Bowl, Sanders enjoyed a Chiefs game where she clearly seems to have been given special access by the team. 

As TPM reported, last November, Sanders posted another set of pictures on Instagram showing her family taking in the team at Arrowhead Stadium in Kansas City. Based on details in the photos, the Sanders clan was in attendance when the Chiefs lost to the Philadelphia Eagles and they were sitting in owner Clark Hunt’s private suite. Sanders even posed for pictures with Hunt’s wife, Tavia. The Hunts and the Chiefs’ communications team did not respond to questions about how Sanders ended up in the owner’s suite. Of course, Henning also did not respond. 

Making it into the owner’s private box would seemingly require being given special tickets. Of course, the owner might not necessarily have to pay an individual price for guests in their own suite. Graham Sloan, the director of the Arkansas Ethics Commission, which is responsible for evaluating complaints about potential violations of the rules on gifts, told TPM that any suite tickets that were free for the giver would be valued as much as the highest price standard seat at that game for regulatory purposes. In spite of this, Sanders’ 2023 statement of financial interest, which was released earlier this month, did not make any mention of the game at Arrowhead. 

Henning did not address the 2023 game where Sanders apparently sat in the owner’s box in her statement. She did not answer follow-up questions from TPM about why it was absent from Sanders’ financial disclosure, which listed several far less expensive gift items.  

Along with making headlines, TPM’s report on Sanders’ Super Bowl extravaganza has raised questions from experts and even inspired memes in Arkansas. The reaction has been fueled by prior scandals over Sanders’ spending including her infamous, approximately $19,000 podium (or lectern for those of you in the grammar police) and a college football party she hosted with about $13,000 in taxpayer funds. Amid the mounting questions over her spending, Sanders backed an effort in 2023 to curb Arkansas’ Freedom of Information Act that makes it much harder for reporters to obtain the records that might help answer all the questions left unanswered by her response to Podiumgate and/or Lecterngate, and, now, the emerging Chiefsgate. 

Super Bowl trips have proven, in recent years, to be a thorny issue for politicians. Similar concerns about the cost of a trip Gov. Mike DeWine (R) and his wife took to the 2022 Super Bowl have prompted fallout in Ohio. After TPM’s report on Sanders, Ohio State Rep. Elliot Forhan (D) reached out to say he is introducing a bill in that state’s legislature on Thursday that would create an exception that would designate as a public record documents related to expenses the governor and anyone in their party incurred while attending entertainment or sporting events. Forhan’s bill, which would help reporters and members of the public to monitor the cost for these trips, is called the “Super Bowl Entourage Expense Act.”  

In Arkansas, it is unclear whether Henning’s questionable explanation will be enough for Sanders’ critics and colleagues. On Wednesday, Sloan, the Ethics Commission director, told TPM he could not comment on whether his office had received any complaints related to the Super Bowl or Sanders’ 2023 trip to watch the Chiefs. 

An audit of Sanders’ podium purchase is expected to be completed by a subcommittee of the state’s Legislative Joint Auditing Committee by the end of March. Rep. Jimmy Gazaway (R), one of the committee’s co-chairs, told TPM there are no plans to audit Sanders’ Chiefs trips. However, if there is pressure from lawmakers, that might change. 

“As with any request, if a member makes a request for an audit, we’ll take it under consideration,” Gazaway said. 

Mitch McConnell: Some Thoughts on Mastery, Destruction and Minority Rule

Mitch McConnell is one of those perhaps historic figures for whom the greatness of his skill and impact are matched only in inverse by the malignity of his impact on our politics. To put it more brashly, McConnell was great at doing political evil. There is now a kind of rearguard effort to remake McConnell as an institutionalist, a last vestige of the pre-Trumpian GOP. And on that last point, being a vestige, there’s some truth. On being an institutionalist, not at all.

Mitch McConnell’s great legacy is the thorough institutionalization of minority rule in U.S. politics, especially at the federal level. The first and most obvious part of that is that McConnell, more than anyone else, is the man who broke the United States Senate, largely by domesticating the filibuster. No more a wild bull kept out in the stockade for ugly moments but now living within the household, almost a family member, though no less dangerous and wild.

Continue reading “Mitch McConnell: Some Thoughts on Mastery, Destruction and Minority Rule”

What To Make Of The Supreme Court Taking Trump’s Immunity Case?

A lot of things happened. Here are some of the things. This is TPM’s Morning Memo. Sign up for the email version.

Time Keeps On Slipping Into The Future

The Supreme Court decision to take up Donald Trump’s claim that the president is immune from criminal prosecution is not in and of itself surprising, shocking, or dismaying. But a few things have happened along the way that made the reaction to its order late yesterday more emotionally weighted than it might otherwise have been. And they all have to do with timing.

First, way back on Dec. 22, 2023, the Supreme Court declined to bypass the appeals court and take the case directly, as Special Counsel Jack Smith had asked.

Second, after the appeals court ruled and the parties submitted their filings on whether the Supreme Court should now take it up, the high court sat on the case for an two additional weeks before deciding to take it.

The combination of those two decisions – not taking the case in December and not quickly taking the case more recently – let precious weeks slip by that make it increasingly difficult to squeeze in the trial of Donald Trump for using the powers of his office to cheat to win in 2020 before he faces voters again in 2024. Difficult but not impossible.

Is the six-justice conservative majority on the Supreme Court engaged in slow-rolling the prosecution of Donald Trump as a partisan and ideological exercise in protecting one of their own?

I can’t rule it out, but on balance I think the answer is probably no. But it’s hard to be conclusive because the way this is playing out, slowly over an extended period of time, makes it hard to pinpoint exactly what is happening and what the intent is. If I were trying to do such a thing, I likewise would be attempting to do it in a way that obscured my motive and made it seem like a function of procedural necessities.

I still lean more toward there being a lack of appreciation for the stakes, for the consequences of delay, and for the gravity of the historical moment that has plagued the reaction to Trump since 2015 across all sectors of society. Now it’s the judiciary’s turn to slowly awaken to the existential threat. It’s maddening, to be sure. It’s not a satisfying analysis. It’s inexcusable. But here we are.

What did surprise me a little yesterday was the informed reaction to the Supreme Court decision. People were more shocked than I expected. I suspect that’s because the second delay I mentioned above had raised expectations among observers that the court was going to decline to take the case and let the DC Circuit Appeals Court decision against Trump stand, and that the dissenters were being given time to pen their dissents. That would have been a reasonable tradeoff. Instead, we got the delay in deciding plus the additional delay of the Supreme Court now asking for briefs and hearing oral arguments and penning a monumental decision.

I still can’t let myself entertain a scenario in which the Supreme Court finds the president immune from prosecution for the things that Trump did. It would eviscerate the rule of law, turn a Constitution written in no small part as a reaction to monarchial tyranny on its ear, and put the president on an elevated footing compared to the other two branches.

So if I’m correct that even this court won’t go that far, we are left with counting the days until the November election and wishing, hoping, and praying that the courts leave themselves enough time to do what the courts are supposed to do. They are cutting it exceedingly close.

Trump Disqualified From Illinois Ballot

A state judge in Chicago has barred Donald Trump from appearing on the GOP primary ballot in Illinois under the Constitution’s Disqualification Clause, but she stayed her ruling pending his appeal.

The Supreme Court is expected to rule at any time on a similar case out of Colorado.

Show Me Da Money

A New York appeals judge rejected Donald Trump’s bid to post a mere $100 million bond to forestall execution of the massive $454 million penalty against him from his civil fraud case. Trump will get another bite at the apple next month before state Attorney General Letitia James is expected to begin trying to collect on the judgment.

Trump Prosecution Miscellany

  • The full 11th Circuit Court of Appeals declined to rehear Trump White House Chief of Staff Mark Meadows case for removal of the Georgia RICO case to federal court.
  • In DC bar proceedings against former Trump DOJ official Jeff Clark, the DC Circuit Court of Appeals on Monday blocked a subpoena by DC bar authorities of Clark as a violation of his Fifth Amendment right not to have testify against himself.
  • In the same proceedings against Clark, a DC bar committee on Wednesday said it will allow – over his objection – testimony of high-level Trump administration figures, including former acting Attorney General Jeffrey Rosen, his deputy Richard Donoghue and former White House deputy counsel Patrick Philbin.

McConnell’s Legacy

Facing personal health setbacks and a party taken over by Donald Trump, Senate Minority Leader Mitch McConnell’s long run is coming to an end:

McConnell will remain as leader until Republicans pick a new one after the November election, and he will serve out the remainder of his Senate term, which ends in 2027.

I’ll have more to say on McConnell in the coming days. I don’t go for the hagiographic treatment that so often accompanies the changing of the guard. Letting bygones be bygones is probably essential to getting things done in politics, but that’s not the role of the press.

There are few things that were commendable about McConnell’s years of public service, but he was a central figure of the last two decades in American politics. More to the point, McConnell was the architect of the anti-majoritarian, rump factionalism that came to define the GOP after Obama was first elected.

Quote Of The Day

Believe me, I know the politics within my party at this particular moment in time. I have many faults — misunderstanding politics is not one of them.

Senate Minority Leader Mitch McConnell, announcing that he will step down as leader

Excellent Point

My former colleague Cameron Joseph observes of McConnell’s stepping down: “If Trump wins in 2024, there will be almost no Republicans left in positions of power who are willing and able to stand up to him on anything significant. This is a major moment.”

GOP-Driven Shutdown Probably Avoided For Now

A deal was reached to avert a government shutdown this weekend, but it will again require a heap of Democratic votes for Speaker Mike Johnson (R-LA) to get it through the House, where a vote is expected this afternoon.

Senate Republicans Block Bill To Protect IVF

Sen. Cindy Hyde-Smith (R-MS) refused to give unanimous consent to quick passage of a Democratic-sponsored bill to protect access to IVF treatment.

The IVF Ruling Is About Who Gets To Raise Your Children

Dahlia Lithwick:

What we witnessed in Alabama wasn’t simply a continuation of a decadeslong fundamentalist religious project to conscript women into having babies, whether they wish to or not. Our imaginations must expand to see this as of a piece with an older and more pernicious American tradition in which the state decides who gets to raise your children, regardless of your preferences—because your own family is not actually in your control, but subject to the state’s seizure and redistribution to those who might raise them better than you will.

Our Theocratic Future

Linda Greenhouse:

I never thought I’d be grateful to the Alabama Supreme Court for anything, but now I am. With its decision deeming frozen embryos to be children under state law, that all-Republican court has done the impossible. It has awakened the American public, finally, to the peril of the theocratic future toward which the country has been hurtling.

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Supreme Court’s Immunity Gift To Trump Is McConnell’s Legacy

With the news of Senate Minority Leader Mitch McConnell’s (R-KY) imminent retirement Wednesday, we’re left to examine the legacy of someone who has forever changed our government. 

Continue reading “Supreme Court’s Immunity Gift To Trump Is McConnell’s Legacy”

Trump, Tears in His Eyes, Says ‘Sir’ to Judge

Admittedly it was without those delicious atmospherics. But the substance was pretty close. Donald Trump now owes the state of New York $454 million. To appeal the verdict and to pause the state’s efforts to collect the judgment during that appeal, Trump has to post a $454 million bond. Today Trump’s lawyers went into court and asked the judge to accept a $100 million bond in lieu of the $454 million. They said that $100 million was as much as Trump could come up with. If the judge rejected the plea, “properties would likely need to be sold to raise capital under exigent circumstances.” In other words, Trump would have to sell off property at fire-sale prices and suffer harm that could not be undone if he gets the judgment thrown out on appeal.

Associate Justice Anil Singh denied Trump’s request.

Continue reading “Trump, Tears in His Eyes, Says ‘Sir’ to Judge”

Liberal Justices Cut Through Right-Wing Obfuscating: Bump Stocks And Machine Guns Do ‘Same Thing’

The Las Vegas shooting in 2017, which left 61 people dead and roughly 500 wounded, provoked horror even from a country inured to constant gun violence and prompted then-President Donald Trump to call for the banning of the machinery used. 

Continue reading “Liberal Justices Cut Through Right-Wing Obfuscating: Bump Stocks And Machine Guns Do ‘Same Thing’”

Did You See The Snow Moon This Week?

February 2024 got two full moons, the second of which appeared in our skies this past weekend. This moon phase in February is known as the “Snow Moon” and it was seen looming large and bright in the night skies around the world.

Inside the Internal Debates of a Hospital Abortion Committee

This article first appeared at ProPublica, a Pulitzer Prize-winning investigative newsroom. Sign up for The Big Story newsletter to receive stories like this one in your inbox.

After the Supreme Court overturned Roe v. Wade, ending nearly 50 years of federal protection for abortion, some states began enforcing strict abortion bans while others became new havens for the procedure. ProPublica is investigating how sweeping changes to reproductive health care access in America are affecting people, institutions and governments.

Sitting at her computer one day in late December, Dr. Sarah Osmundson mustered her best argument to approve an abortion for a suffering patient.

The woman was 14 weeks pregnant when she learned her fetus was developing without a skull. This increased the likelihood of a severe buildup of amniotic fluid, which could cause her uterus to rupture and possibly kill her. Osmundson, a maternal-fetal medicine specialist at Vanderbilt University Medical Center who helps patients navigate high-risk pregnancies, knew that outcome was uncommon, but she had seen it happen.

She drafted an email to her colleagues on the Nashville hospital’s abortion committee, arguing that the risk was significant enough to meet the slim exception to Tennessee’s strict abortion ban, which allows termination only when “necessary to prevent the death of the pregnant woman or to prevent serious risk of substantial and irreversible impairment of a major bodily function.” She pleaded with her fellow doctors to spare this woman the gamble when her baby wasn’t even viable.

Then came the replies.

One doctor wasn’t “brave enough.”

Another urged her to consider the optics — approving an abortion in this case could be seen as “cavalier” and trying to circumvent the law. “I’m saying this because I care about you and your personal liberties,” the doctor said.

To Osmundson, the responses reflected just how much abortion bans had warped doctors’ decision-making and forced them to violate the ethics of their profession, which require acting in the best interests of their patients.

Most medical exceptions in abortion bans only allow the procedure to “save the life of the mother.” But there is a wide spectrum of health risks patients can face during pregnancy, and even those that are potentially fatal could fall outside of the exceptions, depending on how the law is interpreted and enforced. Without clarification from legislators and prosecutors on how to handle the real-life nuances that have emerged in hospitals across America, doctors in abortion ban states say they are unable to provide care to high-risk pregnant patients that meets medical standards.

Under threat of prison time and professional ruin, they are finding their personal interests pitted against their patients’ and are overriding their expert training for factors that have nothing to do with medicine, like political perceptions and laws they aren’t qualified to interpret. As a result, some patients are forced to endure significant risks or must travel out of state if they want to end a pregnancy. Sometimes, their doctors aren’t even giving them adequate information about the dangers they face.

Osmundson and 30 other doctors across nine states in which abortion is banned or restricted described to ProPublica the impossible landscape they must navigate in the nearly two years since the Supreme Court struck down Roe v. Wade.

It is one in which fetuses — some with no chance of survival — are being prioritized over their at-risk mothers and oncologists are hesitating to give chemotherapy to cancer patients for fear of legal consequences if it disrupts the pregnancies.

Doctors described the position they’ve been put in — denying abortions to high-risk patients who are begging for them — as “distressing,” “untenable” and “insane.” Speaking out about the broken system felt like the only way to not be complicit, Osmundson said. “It’s going to take physicians coming together and saying: ‘We’re not going to participate in this. We’re going to do what we think is right for patients.’”

Osmundson, who has worked at Vanderbilt for the past eight years, decided to share with ProPublica the inner workings of the hospital’s abortion committee to give the public a rare glimpse into the tortured decisions she and her colleagues are being forced to make. It shows how maternal health care could be dramatically altered across America if Republicans gain control of Congress this fall and succeed in passing the nationwide ban that influential anti-abortion activists have long sought.

In a series of interviews, Osmundson detailed the deliberations in a wide variety of cases and described conversations and emails among doctors. She did not disclose the identities of patients or their individual files. ProPublica was able to confirm details with one patient and three colleagues familiar with the committee, some of whom were not willing to speak publicly for fear of professional repercussions. Vanderbilt declined to comment.

What she shared shows how the strictly written bans fail to account for a broad range of dangerous maternal health risks, leaving doctors to deny abortion requests for medical reasons like warning signs of preeclampsia, a potentially fatal blood pressure condition; complications related to Type 1 diabetes, which can cause vision loss, kidney disease and death; and conditions requiring patients to have their uteruses “cracked open” in order to give birth.

She’s come to believe it’s time to take abortion decisions out of doctors’ hands and shift the final say to hospital lawyers and administrators. In her view, that’s the only way to protect the independent judgment of the medical experts, who could make strong arguments in their patients’ interests using research and data.

“I understand pragmatism,” Osmundson told ProPublica. “I also don’t want to have a patient die and be responsible for it.”

She also thinks hospitals should require doctors to obtain informed consent from patients facing dangerous pregnancy complications, so that providers can’t make decisions on their behalf without counseling them about their risk and getting their response. “In this climate, we’ve really diminished women’s autonomy,” she said. “If a patient says, ‘I don’t want to take on that risk,’ we need to honor that.”

A few months ago, she was on call caring for a patient who had developed severe high blood pressure near 24 weeks, a warning sign for preeclampsia, which can rapidly deteriorate and lead to organ damage or death. With her pregnancy at the edge of viability, the patient requested to have a cesarean section, Osmundson said, even though there was a significant chance the baby might not survive.

Osmundson said she scheduled the surgery. This was not considered an abortion, because the intent was still to deliver a live baby. But after her shift ended, Osmundson recalled, a colleague overrode her and kept the patient pregnant.

Osmundson and her colleagues launched the committee in fall 2022 to address a crisis they were seeing unfold in abortion ban states across the country and at Vanderbilt: Patients facing severe and urgent pregnancy complications were being denied care by hospitals where doctors were terrified about the new legal personal and professional risks.

With strength in numbers, the committee members would back one another up and aim to serve the most patients possible while staying within the law.

Since then, the committee has helped Vanderbilt doctors respond to the most severe emergencies. Abortion requests can hit the committee’s inbox at any hour — at least two a month, but sometimes four in a week. When complications are urgently life-threatening — cardiac failure, Stage 3 kidney disease — doctors often coordinate through a few text messages and sign off that an abortion is medically indicated.

The committee has also developed critical protocols. If a patient’s water breaks before a fetus is viable, the administration considers it a medical emergency because the patient has a high chance of developing sepsis, which can lead to death. In those cases, it’s a blanket policy that doctors can offer abortion care, Osmundson said.

Other cases fall outside of the committee’s power. Osmundson said she has seen some doctors avoid the issue entirely, never informing their patients about the option to terminate their risky pregnancies; those cases never make it to the committee’s attention. The law also makes no exception for sexual assault or fetal anomaly cases, even when the pregnancy is not viable. Doctors direct these and other patients who want abortions to leave the state, if they can. In 2023, Osmundson counted 27 cases of nonviable pregnancies that were referred out of state.

It is those cases in the middle — potentially perilous, but not urgently deadly — that can feel like bombs hitting their inboxes, blasting shrapnel into the rest of their days as they turn over the particulars and try to come to a consensus.

The six doctors, five of whom are women, sometimes call one another up to hash it out. Other times, the discussion unfolds over email and can involve specialists from other departments. They respect one another and know they share the same goals, but the conversations can be heated and emotionally draining.

Last October, a challenging case came before the abortion committee, showcasing the murky limits of Tennessee’s exception.

The patient was seven weeks pregnant and stable, but with a medical history that would make delivery very high risk. Surgeons would need to make a vertical incision on her abdomen — a procedure Osmundson described as “fileting” the uterus — that could lead to permanent bladder or bowel damage due to the patient’s existing complications.

When Osmundson read the file, her mind ticked through worst-case scenarios if things didn’t go well: The patient might need to use an ostomy bag attached to her abdomen to dispel waste. She could suffer severe blood loss or develop sepsis. She could die. The patient already had children and, in a letter to her doctors, requested an abortion.

The challenge for the doctors: The patient had no immediate complications; the potential emergency would not occur until the baby was at full term and doctors were performing surgery. Was it enough to predict that a patient might suffer “substantial and irreversible impairment” or death, based on past case studies? Or did the emergency need to have actually begun?

The law doesn’t say. Nor does it give guidance on how doctors should interpret the spectrum of risk. Was a 50% chance of death or “substantial and irreversible impairment” enough to meet the standard of the law? Twenty percent? Ten? The law says only that an abortion must be “necessary” in a doctor’s “reasonable” medical judgment.

Committee members could see how a zealous prosecutor might challenge that judgment. Doctors like Osmundson often help manage risk for patients who choose to go forward with dangerous pregnancies; some make it through with few long-term issues. It wasn’t hard to imagine a scenario in which a prosecutor held up cases of women who had survived similar complications and pointed to one patient’s abortion as a crime. The penalties for violating the ban include up to 10 years in prison and a $15,000 fine. Doctors can also lose their medical licenses if they are criminally charged. Many have expressed that they would not trust jurors without medical training to evaluate their cases and decide their fate.

In that October case, one doctor argued that the patient’s condition did not fit the definition of a medical emergency because continuing the pregnancy itself would not cause direct harm to an organ — all of the risk would emerge at the time of delivery.

“Who are we to say what is too much or not enough risk?” another wrote. “Where is the line and why do we have to decide that?” But the doctor pointed out that if they offered the abortion, “nurses and other staff will be upset.”

A third wrote: “I unfortunately don’t think this meets the criteria for the law and my interpretation even though it is the ethical right thing to do.”

A fourth: “If one of our purposes is to protect the physicians involved in the care of these patients, I think this case is too risky.”

Osmundson bit her lips as she read the responses. After work, as she cooked dinner for her family and played with her kids, she couldn’t stop thinking about the patient. It was one thing to choose to continue a high-risk pregnancy — another to be forced to. As a doctor who spent her career working with the most difficult cases, she knew better than anyone that even healthy pregnancies could suddenly turn life-threatening.

“I just watched a woman die from liver failure this weekend after a normal uncomplicated pregnancy,” Osmundson told them. “I’m finding it morally repugnant to force anyone to continue a pregnancy for a potential life when the pregnancy poses a real threat to her life.”

If the patient the committee was considering died, Osmundson felt they would all have blood on their hands.

“I cannot deny abortion care to a patient concerned about their medical safety,” she wrote.

The group punted the decision until the university’s ethics committee could weigh in.

The patient was left waiting on a faceless abortion committee to deliver its verdict as the clock ticked.

Soon after, Osmundson learned, the woman was no longer pregnant. Perhaps it was a miscarriage. Or perhaps, Osmundson thought, she had gotten fed up and taken measures into her own hands.

It saved the committee from making a difficult decision. This time.

The predicament is far worse at many other hospitals.

Plenty of doctors ProPublica interviewed don’t work at a well-resourced institution or have an administration that has promised criminal defense if they are prosecuted. And some hospitals rely on state funding, leaving them subject to the demands of lawmakers who could request their emails and protocols, which are public record. Many doctors requested anonymity to speak about sensitive internal matters, fearful they could land on the radar of state officials looking to target abortion providers.

There were wide variations in how their hospitals have navigated the post-Roe reality. Some had abortion committees, but many relied on informal networks among colleagues to make decisions. A few had developed protocols like Vanderbilt’s, but others still require signs of infection or bleeding in order to act, even in cases when a patient’s water breaks before viability. “We are trying to push the idea that the harm does not have to be immediate,” said Dr. Nisha Verma, an OB-GYN and abortion provider in Georgia. “But institutions want to protect themselves.”

Doctors recounted nurses saying they weren’t allowed to treat patients who needed urgent abortions to survive. One was bleeding out. Another was septic. “That’s part of our risk,” one doctor said. “You don’t know who you are working with, who will decide you need to run this by the district attorney.”

Doctors felt similar hesitation from their specialist colleagues, some of whom have balked at having to sign off on any abortion-related paperwork. One OB-GYN described trying to get a cardiologist to evaluate a pregnant patient with heart failure. “We got a ‘Look, we know what you guys are doing and we don’t agree with abortion, so we aren’t going to say she can have an abortion,’” the doctor said.

In other cases, specialists have been afraid to treat patients for fear of accidentally causing harm to a fetus. One OB-GYN said an oncologist at their hospital was reluctant to provide cancer treatment for a patient who wanted to continue their pregnancy, in case chemotherapy were to be misconstrued as an abortion.

Some doctors feel that instead of offering backup, their hospitals have siloed all responsibility to a few providers who would take the fall if an abortion case were challenged. “Care was dependent on each case and who saw the patient and what their risk tolerance was and their views about abortion,” said Dr. Jessica Tarleton, an OB-GYN and abortion provider in South Carolina who left her institution due to its handling of the ban. “It was like chaos all the time.”

Doctors have no clarity on whether they could face repercussions for offering abortions for life-threatening health risks that aren’t active emergencies.

Lawmakers and prosecutors don’t want to offer it.

In Tennessee, legislators sided with an anti-abortion group last year to defeat an effort to include clear exceptions for fatal fetal anomalies and broader health risks. A lobbyist for the group opposed language that would allow doctors to provide abortions to “prevent” emergencies because, he said, “that would mean that the emergency hasn’t even occurred yet.” And Attorney General Jonathan Skrmetti is fighting a legal effort aimed at getting a judge to clarify the ban’s exception; he argues that the state can’t be held liable for doctors “overcomplying” for fear of violating the law. The case is ongoing.

Anti-abortion groups that support the bans have advocated for the narrowest possible interpretation of exceptions. “We would want a stricter standard,” Blaine Conzatti, the president of Idaho Family Policy Center, told ProPublica in November. “The only appropriate reason for abortion would be treating the mother and the unintended consequence is the death of the preborn child.”

Meanwhile, officials have doubled down on their warnings about the consequences if doctors go too far.

Texas Attorney General Ken Paxton fought back against the Biden administration’s federal guidance to offer abortion care for patients with medical complications and threatened doctors with prosecution if they complied with a court’s order to offer emergency abortion care. And in Indiana, the Attorney General Todd Rokita investigated a doctor for sharing with the media that a 10-year-old rape victim had to go out of state to get an abortion.

“There aren’t many people who want to risk or just rely on the goodwill of the legislature and the attorney general or any politician in our state,” one doctor said. Penalties vary by state — in Texas a doctor could face 99 years behind bars.

No doctor has been prosecuted under their state’s abortion ban. But the few public glimpses into judges’ thinking hasn’t provided reassurance. Recently, a Texas court denied a doctor’s request to serve a woman who wanted an abortion because her fetus had a fatal anomaly. The doctor argued the woman shouldn’t be subject to the risks of carrying to term a baby that would not survive. The court said the doctor hadn’t proved her life was in danger.

Will a judge decide the same if a doctor is charged with a felony? Would a jury, or an appellate court, or ultimately the Supreme Court? “The bottom line,” said Dr. Emily Patel, a maternal-fetal medicine specialist in Nebraska, “we don’t know what [the exception] means and won’t know until it’s tested in a court of law.”

No doctor wants to be the first to stand trial. “I don’t know how you can overinterpret the law when you are looking at jail time,” said Dr. Dawn Bingham, an OB-GYN in South Carolina. “A prudent person would hear that and go, ‘Well I guess I will interpret that to be as safe as possible.’”

A year ago, Osmundson said, she could never have imagined arguing to strip her committee of its decision-making power and turning it into an advisory board. But now she believes it’s the only way to shield doctors from the ethical conflict of denying patients evidence-based care. “I feel like these committees are kind of making physicians become complicit in an unethical and unjust system,” she said.

Dr. Mack Goldberg, her committee colleague, knows the position perhaps better than anyone else. Unlike most of his colleagues, including Osmundson, he actually performs abortions; since clinics shuttered in the wake of the ban, he’s one of the only people in the state with the expertise and institutional support to do so for medical complications.

He knows the hospital submits paperwork to the state after each one. And while he recognizes that his colleagues are putting their names on the decisions, he feels more exposed. He often can’t shake the feeling of being constantly on call, his livelihood perpetually on the line, a burning question in the back of his mind: “When push comes to shove, if I ever got trudged through a court case, how many people will truly have my back?”

Despite all of the anguish it causes him to turn away some patients, Goldberg disagrees with Osmundson. He believes it’s important for doctors to continue walking the tightrope: Do as much as possible with the support of colleagues and their institution, while being honest with patients about their risks and options. He feels the committee has made it possible for him to save some lives by acting quickly, and he doesn’t want to leave the call to hospital administrators and lawyers, who may be even more risk averse.

”We are on the front lines,” he said. “At the end of the day, the patients are staring right in our faces.”

Late last year, he sighed heavily as he counseled the woman whose baby was developing without a skull and gently told her what he tells all of his patients in her position: that he had the training to help her, but because of Tennessee’s laws, he might face prosecution and jail time if he did. He had a baby at home and couldn’t take that risk, he explained. Instead he would refer her to options outside the state.

The patient, Charlotte Miller, told ProPublica she understood and appreciated his thorough counseling. But she was stricken to realize it would have been different had they been in her home state of Colorado.

When the 22-year-old sat across from Goldberg in his office, all she knew was that she didn’t want to spend the next six months putting her body through the hardships of pregnancy to give birth to a baby that would never survive.

Her first pregnancy had been challenging. She struggled with worsened asthma and endometriosis, a painful condition in which tissue grows outside of the uterus. The toll on her mental health alone would be enormous, she believed, and she didn’t want to risk any unexpected complications that could make getting pregnant again more difficult. She desperately desired another child, but in this case, the best option, she was certain, would be to deliver her baby as soon as possible — to have the chance to hold him and say goodbye.

Instead, her family would have to scrape together more than $1,200, a week of her partner’s paycheck as a waiter, so she could travel to a clinic in Illinois. There, her only choice would be a dilation and evacuation procedure while unconscious, not a delivery in which her baby could emerge intact and she could hold him in his last moments. Before it came to that, she lost the pregnancy naturally.

She’d been unaware of the committee’s debate about her health risks. When she learned of it, it only affirmed what she’d come to believe: “It’s just so disheartening to me that doctors can want to provide me care and not be able to because of what a law says, for fear that they would have repercussions.”