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California, New York City, and Other Investors Press Companies to Resist Texas Abortion Ban

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A group of investors, including the New York City Comptroller and the California State Controller, has written 19 large employers in Texas, asking them to push the Texas governor to include abortions among surgeries that are “immediately medically necessary,” according to a copy of the letter reviewed by Barron’s.

The list of signatories include New York City Comptroller Scott Stringer and California State Controller Betty Yee, as well as several other asset managers. Including the NYC and California pension plans, the list of signatories oversee more than $800 billion in assets. The list of companies include Texas-headquartered companies and large employers like AT&T (T), Dell Technologies (DELL), American Airlines (AAL), Tenet Healthcare (THC), Schlumberger (SLB), Jacobs Engineering (J), Exxon Mobil (XOM), Essilor USA, Sysco (SYY), Baker Hughes (BKR), Southwest Airlines (LUV), Brinker International (EAT), Halliburton (HAL), Fluor (FLR), Waste Management (WM), and Kimberly-Clark (KM), as well as Amazon.com’s Whole Foods Market (AMZN), Yum Brands ’ Pizza Hut (YUM), and Pepsico’s Frito Lay (PEP). The companies will receive the letters on Monday.

On March 22, Texas Governor Greg Abbott issued an executive order barring all surgeries and procedures that are not “immediately medically necessary.” Texas Attorney General Ken Paxton said the order applies to abortions, except when necessary to protect the woman’s life or health. The ban is currently slated to last until April 21, but the order is expected to be extended.

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In several states, authorities in the South and the Midwest say that postponements of abortions are necessary to conserve protective equipment used for the pandemic. Aside from Texas, the other states include Alabama, Arkansas, Louisiana, Ohio, Oklahoma, and Tennessee. While a Federal court blocked the Texas ban, it was overturned on appeal.

“There is no evidence that banning abortion will mitigate shortages of protective personal equipment [PPE],” according to the letter. “Most abortions use only minimal PPE and do not require any hospital resources.”

New York City Comptroller Scott Stringer, in an email to Barron’s, said, “As institutional investors, we’re urging companies to not only condemn Texas’ regressive, dangerous executive order, but to proactively protect their employees and ensure that their insurance coverage is comprehensive, affordable, and inclusive of the full range of reproductive healthcare.”

The letters, addressed to the corporate secretary and corporate general counsel, asked the companies to press lawmakers not to deny access to reproductive healthcare, and to ensure that their workers’ insurance covers abortion without restriction and contraception exceeding the requirements of the Affordable Care Act. It also asked employers to ensure that their healthcare provider could provide these services.

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