Thursday, June 28, 2018
New York Magazine (Jun. 27, 2018): Steps the Next Supreme Court Might Take to Roll Back Abortion Rights, by Ed Kilgore:
With the announcement of Justice Kennedy's imminent retirement comes the prospect of a much more conservative Supreme Court, particularly in relation to reproductive rights. Justice Kennedy stood in the majority of the 2016 Whole Women's Health v. Hellerstedt decision, which reaffirmed basic abortion access rights. Trump has promised to pursue the reversal of Roe v. Wade, though, and has stated his intentions to nominate a similarly-minded next justice.
Many states have recently enacted stricter abortion access requirements--like Louisiana's legislation banning abortions after 15 weeks of pregnancy or Iowa's fetal heartbeat ban. "Such laws are aimed at setting up a challenge to Roe if the Supreme Court lurches to the right — which is now an imminent possibility."
While it's unlikely that, even under a more conservative court, Roe would be immediately overturned, a shift to the right on the Supreme Court will likely lead to affirmation of new, state-level abortion restrictions. For example, rather than overturn Roe, which is backed by additional, subsequent precedent in 1992's Casey and 2016's Hellerstedt, the court might instead find an opportunity to reverse Hellerstedt, as the more recent decision. Such a move might reinvigorate efforts to enact Targeted Regulation of Abortion Providers, likely forcing abortion providers out of business with burdensome requirements and eliminating much abortion access, especially in already-conservative states.
Either way, if Trump nominates an anti-Roe Supreme Court candidate this year, and the Senate approves them, we can expect many more legal battles on the availability of abortion. "With one SCOTUS appointment and one decision, that could all change, and we could enter a period of abortion-policy activism unlike anything America has seen in decades."
June 28, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Current Affairs, In the Media, Politics, President/Executive Branch, Public Opinion, Reproductive Health & Safety, Supreme Court, Targeted Regulation of Abortion Providers (TRAP) | Permalink | Comments (0)
Wednesday, June 27, 2018
New York Times (Jun. 26, 2018): Supreme Court Backs Anti-Abortion Pregnancy Centers in Free Speech Case, by Adam Liptak:
Justice Thomas wrote for the five-justice, conservative majority who decided Tuesday that California's "crisis pregnancy centers" cannot be forced to provide information on abortion services in the state.
The case, National Institute of Family and Life Advocates v. Becerra, No. 16-1140, centered on a California law that requires pregnancy centers whose aim is to dissuade pregnant people from abortions to provide information on the availability of abortions in California.
The state requires the centers to post notices that free or low-cost abortion, contraception and prenatal care are available to low-income women through public programs, and to provide the phone number for more information.
The centers argued that the law violated their right to free speech by forcing them to convey messages at odds with their beliefs. The law’s defenders said the notices combat incomplete or misleading information provided by the clinics.
The state legislature enacted the law after finding that hundreds of the pregnancy centers used "intentionally deceptive advertising and counseling" to confuse or intimidate women from making informed decisions about their health care. The law also required that unlicensed clinics disclose that they are unlicensed.
Justice Thomas wrote that the requirements for the notices regarding abortion availability were too burdensome and infringed on the clinics' rights under the First Amendment. The ruling reverses a unanimous decision from a three-judge panel of the United States Court of Appeals for the Ninth Circuit, which had upheld the law.
Justice Breyer penned a dissent, joined by Ginsburg, Sotomayor, and Kagan, citing the contradiction between the majority's decision here and a Court decision in 1992 that upheld a Pennsylvania law that required abortion-performing doctors to inform their patients about other options, like adoption.
June 27, 2018 in Abortion, Anti-Choice Movement, In the Courts, Politics, Pregnancy & Childbirth, Pro-Choice Movement, Religion, Religion and Reproductive Rights, State and Local News, State Legislatures, Supreme Court | Permalink | Comments (0)
Thursday, June 14, 2018
Rewire.News (Jun. 8, 2018): New York GOP Lawmakers Quash Contraception, Abortion Protections—For Now, by Auditi Guha:
The Reproductive Health Act (RHA), or S 2796, was drafted four years ago and recently passed by the Democratic-majority New York Assembly. The RHA is intended to rectify some of the shortcomings of local abortion law. The bill "repeals criminal abortion statutes, permits abortion after 24 weeks when the pregnant person’s health is at risk or when the fetus is not viable, and expands current law so that nurse practitioners and physicians’ assistants can provide abortion services."
The Comprehensive Contraception Coverage Act (S 3668), also passed by the Assembly, "would expand contraceptive coverage to include all forms of FDA-approved contraception (including vasectomies), authorize pharmacists to dispense emergency contraception, and add coverage for contraceptive education and counseling."
Gov. Andrew Cuomo (D) supported incorporating the RHA’s changes into state law in his budget proposal this year, but it’s been a hard push in a state where Republicans decide what bills get to be voted on. Procedural glitches made the fight tougher this week for both the RHA and the Comprehensive Contraception Coverage Act as the senate ground to a halt, the New York Daily News reported.
Senate Democrats last week again tried to bring both the RHA and the CCCA to the floor for a vote, but Republican leadership ended the session without action.
“Both these bills are supported by the governor and have passed the Assembly," Sen. Krueger said in a statement. "The Senate Republicans should stop using procedural maneuvers to block these bills which would ensure that individuals would have control of their own reproductive health decisions.”
The president and CEO of Planned Parenthood Empire State Acts, Robin Chappelle Golston, told Rewire.News: “Obviously legislation as simple as making access to contraception widely available was too much for the majority of the Senate...And I think the best answer for that is that people need to go out and vote this fall.”
Wednesday, May 23, 2018
May 22, 2018 (CBS News): Trump emphasizes importance of 2018 victories to abortion-opposing group, by Kathryn Watson:
Speaking to the anti-abortion Susan B. Anthony List ("SBA List") at that organization's 11th Annual "Campaign for Life" Gala Tuesday night in Washington, D.C., President Trump emphasized the importance of the 2018 midterm elections. The president's remarks come shortly after histo pull federal funding from health facilities that make referrals to abortion clinics.
"We must work together to elect more lawmakers who share our values," he said to the audience.
The federal funding rule change is being cheered by many anti-abortion activists and lawmakers, as it will pull funding from groups like Planned Parenthood. The move, White House press secretary Sarah Sanders said last week, "would ensure that taxpayers do not indirectly fund abortions." Critics of the administration and of anti-abortion policies say the change could seriously restrict funding for essential women's health services like cancer screenings.
"My administration has proposed a new rule to prohibit Title X funding from going to any clinic that performs abortions," Mr. Trump said Tuesday night, to applause from his audience.
The SBA List raises funds for federal candidates who oppose legal abortion. Vice President Mike Pence spoke to the group last year. The SBA List hasn't always supported Mr. Trump. Before he was nominated, the group urged voters to look elsewhere within the GOP for its 2016 champion, and called Mr. Trump "unacceptable."
On Tuesday night, SBA List president Marjorie Dannenfelser said the upcoming midterm elections are important, and that Roe v. Wade must be overturned.
Thursday, May 3, 2018
The Hill (May 2, 2018): Iowa lawmakers pass strictest abortion law in the US, by Julia Manchester:
On Wednesday, May 2, 2018, Iowa legislators passed "the heartbeat bill." The legislation bans abortions once a fetal heartbeat is detected. Essentially, the heartbeat distinction would ban abortions by the sixth week of pregnancy.
Opposition to the bill claims that it would ban abortions before some women even know they're pregnant.
The passage of the bill comes as the Trump administration has taken a hard-line stance on abortion, spurring a slew of abortion laws across the nation.
Nineteen states adopted a total of 63 restrictions to the procedure in 2017, which is the highest number of state laws on the issue since 2013, according to the Guttmacher Institute.
The bill now goes to Gov. Kim Reynolds's (R) desk, but, if signed, is expected to be challenged as a violation of Supreme Court precedent including Roe v. Wade.
Wednesday, May 2, 2018
The New York Times (April 26, 2018): Supporters of El Salvador’s Abortion Ban Foil Efforts to Soften It, by Elisabeth Malkin:
El Salvador remains one of six Latin American countries with a total ban on abortion after the Legislative Assembly failed to debate and vote on a measure that would have relaxed the ban in two circumstances: when the mother's life is in danger and in the case of a minor becoming pregnant as a result of rape.
In El Salvador, abortion is criminalized and punishable by up to eight years in prison for both doctor and patient. Human rights groups around the world have a lobbied for a change in the harsh policies that sometimes criminalize women who have late-term miscarriages. These women have historically been charged with abortion or even aggravated homicide.
Advocates aiming to soften the total ban had been lobbying for months, but their efforts were unsuccessful when the former, left-wing-led national legislature adjourned last week without voting on the proposals. A new Legislative Assembly convenes this month, dominated by conservatives who are not expected to revive the debate or offer reform proposals.
Tuesday, April 10, 2018
John Oliver takes aim at crisis pregnancy centers and anti-abortion activists 'controlling women's behavior'
The Guardian (Apr. 9, 2018): John Oliver takes aim at anti-abortion activists 'controlling women's behavior', by Guardian staff
John Oliver examined crisis pregnancy centers (CPCs) designed to prevent abortions on this past Sunday's episode of HBO's Last Week Tonight, criticizing their “disingenuous and predatory” tactics and explaining how their "primary purpose is to talk women out of terminating a pregnancy.”
There are 2,752 CPCs in the United States, compared with 1,671 abortion providers. Many CPCs use the word "choice" in their names and give out advice that is medically inaccurate. They often pretend to be abortion clinics on the exterior to fool women to enter. “Normally, the strategy ‘pretend you’re an abortion clinic’ is not actually a great marketing stunt, although I am pretty sure that Radio Shack would have tried it if they’d thought of it,” Oliver said.
Oliver also discussed how CPCs discourage the use of contraception. There are claims from within CPCs that condoms are ineffective at preventing pregnancy. “For all the lengths that CPCs will go to to prevent abortions, many of them don’t do a key thing that would help that and that’s give women access to birth control,” he said. “The fact is if you want fewer abortions, you should love birth control."
Oliver said that the real goal of CPCs is “controlling women’s sexual behavior”, as many of them are affiliated with religious figures and organizations.
Watch the segment below:
Thursday, March 8, 2018
ThinkProgress (Feb. 28, 2018): Mississippi is perilously close to passing a big crackdown on reproductive rights, by Amanda Michelle Gomez:
A committee of lawmakers in the Mississippi Senate passed House Bill 1510, which would ban abortions after 15 weeks of pregnancy. While the bill provides exceptions for medical emergencies or certain cases of fetal abnormalities, it does not except rape or incest. The House originally proposed and passed the bill earlier in February of this year.
Mississippi Governor Phil Bryant (R) has previously stated his goal is to completely end abortions in Mississippi, and has affirmed he would sign the bill if it lands on his desk.
Mississippi already proscribes abortions after 20 weeks, a law that was originally defended on the basis of preventing fetal pain, despite research that shows a fetus may not feel pain until 27 weeks.
As many people do not find out they are pregnant for several weeks, or even months, pro-choice advocates are concerned about the difficulty a 15-week ban imposes on persons who would seek an abortion but do not discover their pregnancy in time.
20-week bans have been proposed and judicially struck down in Arizona and Idaho, however there has been no challenge yet to Mississippi's current 20-week ban. It's likely the new bill, if made law, would be challenged in court.
Tuesday, February 13, 2018
Cosmopolitan (Feb. 6, 2018): Planned Parenthood Will Launch 10 New Video Chat Abortion Locations in 2018, by Jennifer Gerson Uffalussy:
A safe, early-pregnancy abortion option has been making waves across the United States since Planned Parenthood began its telemedicine abortion pilot program in Iowa in 2008.
Telemedicine abortions enable those seeking a pregnancy termination to meet with a nurse in a local clinic where both patient and nurse loop in an abortion-providing doctor via video chat. The doctor consults with the patient to determine that they are a good candidate for early pregnancy termination and then authorizes the nurse to dispense two small pills to the patient. The patient takes the first pill in the office in the presence of the nurse and doctor and then later takes the second pill at home. The pregnancy is terminated within a day or two.
These medications have become known at "the abortion pill" and include both mifepristone and misoprostol, which work together first to block the hormones a woman's body needs to sustain a pregnancy and then to empty her uterus. The FDA-approved abortion pills are for ending pregnancies less than 10 weeks along. A study of Planned Parenthood's telemedicine pilot program found that access to telemedicine abortions decreased second-trimester abortions throughout the state. Second-term abortions require surgical procedures and can carry increased risks.
Although abortion is legal in all 50 states, many states have tightened their restrictions on abortion access, making it very difficult for a person facing an unwanted pregnancy to safely terminate it. Restrictions such as mandatory waiting periods and insurance limitations are compounded in states with very few clinics that can perform abortions. In fact, about 90% of counties in the U.S. do not have an abortion provider.
Telemedicine allows a patient to meet with an abortion provider even if she doesn’t live near one. Instead of driving long distances, women can go to a closer clinic or Planned Parenthood and video-chat a live, somewhere-in-state abortion provider who prescribes and (virtually, via on-site clinic staff) hands over the meds. “There is no increased risk of complications with a telemedicine visit,” says Daniel Grossman, MD, director of Advancing New Standards in Reproductive Health at the UCSF Bixby Center for Global Reproductive Health. He led a groundbreaking study published last fall that found telemedicine abortions are just as safe as those in which a woman swallows mifepristone in the same room as a physician.
While mifepristone has so far demonstrated a highly-safe success rate (its rates of complications are fewer than most common pain relievers), it cannot be obtained over-the-counter; instead a clinic, hospital, or doctor's office must dispense it.
Some states will allow a pregnant person to video chat with a doctor from her home and then receive both pills in the mail. Since 2008, though, 19 states have challenged the expansion of telemedicine abortions by passing laws that specifically require mifepristone to be dispensed "in the physical presence of the prescribing clinician."
Planned Parenthood continues to expand its telemedicine program despite the challenges. It has now established 24 telemedicine locations in the nation and plans to add at least 10 additional locations--some in new states--throughout this year.
To find out if telemedicine abortion is available in your area, call the national Planned Parenthood hotline at 800-230-PLAN.
February 13, 2018 in Abortion, Abortion Bans, Anti-Choice Movement, Current Affairs, In the Media, Medical News, Politics, Pregnancy & Childbirth, Pro-Choice Movement, Reproductive Health & Safety | Permalink | Comments (0)
Saturday, February 3, 2018
Washington Post (January 31, 2018): Millennials have a surprising view on later-term abortions, by Eugene Scott:
This past Monday, the United States Senate voted to block a proposed 20-week ban on abortion care approved by the House of Representatives. A Quinnipiac poll from January 2017, however, may reveal the unpopularity of later-term abortion with millennial voters. At the very least, Scott posits, the controversy around later-term abortion will continue into the next generation.
The poll found that 49 percent of respondents ages 18 to 34 would support a ban on abortions after 20 weeks of pregnancy. Only individuals aged 35 to 49 responded more favorably to a proposed ban. The survey found that 35 percent of millennials think abortion should be legal in all cases, while 9 percent of millennials think abortion should be illegal in all cases.
The Senate voted 51 to 46 on a procedural hurdle, falling short of the 60 votes needed. Democratic senators like Angus King (I-ME) explained that more than 99% of abortions in the United States take place before 20 weeks, and that the proposed ban is "a solution in search of a problem."
Young anti-choice activists hope that an opposition to later-term abortion care will resonate with a wide swath of young voters. Maria, Lebron, a 19-year old student at Catholic University, hopes to shift the anti-choice movement away from its religious and political affiliations to a movement that emphasizes standing for "the baby" and for "the mother." "It cannot only be focused on the unborn," Lebron says.
The culture battle over abortion isn't over, Scott argues, and 45 years after Roe v. Wade, millennials show little sign of resolving the issue.
Thursday, November 30, 2017
Mother Jones (Nov. 29, 2017): Internal Emails Reveal How the Trump Administration Blocks Abortions for Migrant Teens, by Hannah Levintova and Pema Levy:
Jane Doe isn't the only teenage immigrant the Trump administration has tried to prevent from obtaining an abortion.
While the ACLU represented Doe in her ultimately successfully case to get an abortion, they continue to fight a class-action for other similarly-situation teens. These teens are pregnant and in government custody with the Office of Refugee Resettlement (ORR) within the Department of Health and Human Services. The ORR contracts with local shelters to house the minors.
The director of the ORR, Scott Lloyd, is an anti-abortion activist who has "changed ORR policy to prevent pregnant teens at these shelters from obtaining abortions."
As part of the ongoing lawsuit, the ACLU has obtained government emails showing the lengths to which the current administration will go to prevent an unaccompanied minor from seeking an abortion.
For example, ORR temporarily halted a medication abortion for one pregnant minor halfway through the procedure. In another case, ORR suggested that a pregnant minor scheduled for discharge from the shelter not be released until she had been counseled against receiving an abortion.
The ACLU says the government's efforts amount to a violation of the minors' Constitutional rights and defy Supreme Court precedent such as Roe v. Wade, which states the government cannot ban abortion. "They are effectively banning abortion for Jane Doe. I am still in shock that this is happening,” says Brigitte Amiri, a lead attorney for the ACLU.
One of the emails, published here, includes a redacted sender questioning whether the ORR's methods of approving (or not approving) a minor's pursuit of a judicial bypass are legal. A judicial bypass allows a minor who would otherwise need a guardian's permission for an abortion to get a court's approval to seek and receive an abortion without such parental or guardian permission.
The redacted email sender says:
My understanding is that the judicial bypass was created specifically so that the young lady does not need approval from her guardian (in our case the Director of ORR) to move forward with a term of pregnancy. Has this policy been vetted by your legal department? I anticipate there would be legal challenges to this policy.
Minors represented in this case have received judicial bypasses for their abortions from the courts, however the emails show that ORR nevertheless instructed the shelters not to allow it. It's unclear how those situations were resolved.
The release of these emails makes the government's targeted policies very clear, as the ACLU continues to fight for the Constitutional rights of unaccompanied and undocumented minors.
Friday, November 17, 2017
The New York Times (Nov. 10, 2017): Facebook is Ignoring Anti-Abortion Fake News, by Rossalyn Warren
As Facebook addresses the role of "fake news" on its platform, largely in relation to the 2016 election and Russian political propaganda, another potentially more difficult concern arises. The spread of false reproductive rights and health news is widespread and often harder for Facebook to spot (and manage).
Facebook’s current initiatives to crack down on fake news can, theoretically, be applicable to misinformation on other issues. However, there are several human and technical barriers that prevent misinformation about reproductive rights from being identified, checked and removed at the same — already slow — rate as other misleading stories.
Identifying a fake news sources is not always straightforward. The social media giant says it often targets "spoof" sites that mimic legitimate news sources. But misleading anti-abortion sites can be hazier to identify. They generally publish original pieces, but often alongside inaccurate facts or with poor sourcing, which "helps blur the line between what’s considered a news blog and 'fake news.'"
Facebook aims to limit fake news by making it more difficult for these sources to buy ads or generate spam. "Most false news is financially motivated," Facebook says. This is not often the case with anti-abortion advocates, though, who are overwhelmingly driven by strong religious or political beliefs. The goal isn't profit but persuasion.
Many are concerned that misinformation regarding reproductive rights and abortion in particular may detrimentally affect current political movements. Ireland plans to hold a referendum next year regarding whether to lessen the country's strict abortion regulations. Pro-choice advocates are worried that the rapid spread of abortion-related misinformation on Facebook (like a purported causal link between abortion and breast cancer) may affect the vote.
Facebook has yet, though, to directly address concerns over this type of scientific misinformation in the same way they have begun to address fake news about last year's election.
November 17, 2017 in Abortion, Anti-Choice Movement, Culture, Current Affairs, In the Media, Politics, Pro-Choice Movement, Religion, Religion and Reproductive Rights, Web/Tech | Permalink | Comments (0)
Tuesday, November 14, 2017
Supreme court agrees to hear antiabortion challenge to California disclosure law for pregnancy centers
Los Angeles Times (Nov. 13, 2017): Supreme court agrees to hear antiabortion challenge to California disclosure law for pregnancy centers, by David G. Savage:
The Supreme Court has granted certiorari to hear NIFLA vs. Becerra, in which an anti-abortion group challenges a California law that requires crisis pregnancy centers to notify patients that the state offers contraception and abortion services.
The case centers on the Reproductive FACT Act, which requires pregnancy centers to disclose whether they have a medical license and whether medical professionals are available. The law also requires centers to post a notice in the waiting room that reads: "California has public programs that provide immediate free or low-cost access to comprehensive family planning services, including all FDA-approved methods of contraception, pre-natal care and abortion."
California lawmakers passed the disclosure law two years ago after concluding as many as 200 pregnancy centers in the state sometimes used “intentionally deceptive advertising and counseling practices that often confuse, misinform and even intimidate women” about their options for medical care.
The National Institute of Family and Life Advocates (NIFLA) represents 110 pregnancy centers in California that all claim the disclosure provision violates their free speech as "compelled speech." Such a disclosure, they claim, conflicts with their faith-based goal of encouraging childbirth and preventing abortion.
The Californian pregnancy centers initially lost their case under three federal district judges. On appeal, the 9th Circuit Court upheld the lower court's decision. Last month, however, a judge in Riverside County ruled that the law violated the free-speech provisions of California's own state Constitution.
California's Attorney General Xavier Becerra stands by the disclosure provision and its intent to provide women accurate information about their health care options.
It takes five justices for a majority opinion, and many expect the Court's decision to turn on the vote of Justice Kennedy.
November 14, 2017 in Abortion, Anti-Choice Movement, Current Affairs, In the Courts, In the Media, Politics, Religion, Religion and Reproductive Rights, State and Local News, State Legislatures, Supreme Court | Permalink | Comments (0)
Monday, November 6, 2017
San Antonio Current (Nov. 2, 2017): Texas' Ban on Safe Abortion Procedure Goes to Court, by Alex Zielinski
The trial fighting Texas' latest anti-abortion law, Senate Bill 8, began last week. Whole Woman's Health sued Texas in July after the governor signed SB 8 into law.
SB 8 would completely prohibit dilation and evacuation (D&E) abortion procedures, require clinics to bury the remains of any abortion, and prohibit hospitals from donating aborted fetal tissue to medical research.
The current lawsuit, though, only challenges the ban on D&E abortions. Dilation and evacuation abortions are considered one of the safest procedures for abortions after 13 weeks. The ban does not allow for exceptions in the cases of rape or incest. The only alternatives to a D&E procedure for a woman seeking an abortion are either inducing labor and forcing delivery of the fetus or a surgery similar to a hysterectomy. Both options are risky and expensive.
In August, U.S. District Judge Lee Yeakel temporarily blocked the law from going into effect on September 1. On November 2, the plaintiffs returned to Judge Yeakel's courtroom to request the bill's D&E ban be permanently blocked.
Yeakel has thus far supported a woman's constitutionally-protected right to abortion, saying: "The state cannot pursue its interest in a way that denies a woman her constitutionally protected rights to terminate a pregnancy before the fetus is viable."
Tuesday, July 4, 2017
Saint Louis Post-Dispatch (Jun. 29, 2017): Planned Parenthood: Judge's Ruling a Victory for Young Women, by Rick Callahan (AP):
A federal judge in Indiana Thursday blocked part of a new law that would have required a judge to determine whether a pregnant minor's parents should be notified if she sought an abortion. Republican Governor Holcomb of Indiana, who signed the law in April, frames it as a "parental rights issue."
Reagan-nominated U.S. District Judge Sarah Evans Barker who enjoined the provision also blocked two additional provisions--one requiring physicians to verify the relationship between a minor and her parents or guardians and another that would have prevented anyone assisting an un-emancipated minor seeking an abortion.
Attorney General Curtis Hill has not yet decided if he will appeal the Judge Barker's decision to the 7th Circuit Court of Appeals in Chicago.
Thursday, June 22, 2017
Texas Observer (Jun. 20, 2017): How Texas' Anti-Abortion Lawmakers Win Even While Losing in Court, by Sophie Novack:
Earlier this month, Texas Governor Greg Abbott signed Senate Bill 8 into law, "an omnibus measure that mandates burdensome clinic regulations and outlaws a safe, common abortion procedure" known as dilation & evacuation, or D&E. SB 8 is the most sweeping set of restrictions on abortion care signed into law in Texas since House Bill 2 in 2013, culminating in last year's Whole Woman's Health v. Hellerstedt ruling by the U.S. Supreme Court that struck down two of the bill's major provisions. A lawsuit against SB 8 is expected later this summer.
Novack argues that while abortion-rights advocates ultimately claimed victory in the courts over HB 2, the law "forced the closure of more than half the state’s abortion clinics, and only three have reopened since." The main issue for abortion-rights advocates, Novack says is that "legislation often moves faster than the courts, and SB 8 could wreak similar havoc on the abortion provider community in Texas.
“We’re looking at again the possibility of clinic closures and other restrictions that force women to leave the state if they need abortion care,' said Amanda Allen, senior state legislative counsel at the Center for Reproductive Rights, which filed the lawsuit against HB 2 and has pledged to fight SB 8. 'In terms of access on the ground, this presents a huge threat to Texas.”
The major provisions at issue in SB 8 are a requirement that fetal remains be buried or cremated, and a ban on D&E, the most common form of second-trimester procedure. Abortion-rights advocates take some comfort in knowing that both of these provisions have been successfully challenged in court, but if either provision goes into effect, clinics could face closure for failure to comply with the law.
Texas Right to Life pushed the D&E ban, while Texas Alliance for Life championed the fetal burial/cremation requirement. Each group has a different strategy: Texas Right to Life favors pushing the D&E ban to the Supreme Court, while Texas Alliance for Life favors "a more incremental approach" that chips away at access until the Supreme Court becomes less favorable to abortion rights. Said Joe Pojman, executive director of Texas Alliance for Life: "it’s very clear now that [Justice Kennedy] will not uphold any state or federal provision that makes abortion less accessible, that’s the unfortunate reality."
In January, a federal judge blocked new Texas regulations that would’ve required burials for fetal remains. Courts have blocked D&E abortion bans in four other states. While it remains to be seen how courts will decide on SB 8, the battle will be long, and if it plays out like HB 2, there could be lasting consequences.
Tuesday, September 6, 2016
Anti-choicers get even weirder: After losing in the Supreme Court, abortion foes turn to desperate distortion
Salon (August 17, 2016): Anti-choicers get even weirder: After losing in the Supreme Court, abortion foes turn to desperate distortion, by Amanda Marcotte
In the wake of the landmark victory of Whole Women's Health v. Hellerstedt, Amanda Marcotte argues that the anti-choice movement has been "sent back to the drawing board" and their two new tactics are spins on old classics: "first, trying to trick people into thinking embryos are babies and then trying to trick people into thinking abortion is too medically dangerous to be allowed." Some newly proposed regulations in Texas, Louisiana and Indiana require women to have a funeral for the 'remains' of a miscarriage or abortion. So far the regulations have been held up in the court.
While these regulations are said to have been "quietly" proposed, anti-choice advocates are a little louder about making claims that abortions are dangerous. Their problem is that statistics published by places like the CDC and Guttmacher show that abortion is extremely safe. Rather than changing their claims, anti-choice supporters argue that they just need more statistics. While these claims seem ridiculous, Marcotte argues that there's a silver lining:
Considering the lengthy history of anti-choice violence against medical providers, this kind of behavior is deeply worrisome.But it also shows the depths of desperation of the anti-choice movement. More data collection will just prove how safe abortion is, and funerals for embryos just remind everyone what kind of sick fantasy lives anti-choice activists have.
Saturday, July 16, 2016
Salon (July 11, 2016): Anti-choice activists attempt to hijack Black Lives Matter to shame women for abortion, by Amanda Marcotte
Coming off of a week of violent murders, racism, and police violence, many in America believe that coming together as a community is the way to rise above violence. Still, in the wake of tragedy, some conservative activists have hijacked the importance of the Black Lives Matter movement for their own gain - shaming women for abortions. "Conservative Twitter" has erupted with hashtags that proclaim "Unborn Lives Matter," with anti-choice accounts like that of the Radiance Foundation and Students for Life adding the hashtag to anti-choice ads and tweets on their pages. Amanda Marcotte calls out conservative activists for the campaign:
But the eagerness of the anti-choice movement to hijack, undermine, or even demonize the Black Lives Matter movement exposes the “well-meaning people” belief as the myth it is. Anti-choice is about the same politics of resentment, bigotry, and cruelty as the rest of the conservative movement, and this behavior simply proves that fact once again.
Thursday, June 16, 2016
Anti-Choice Groups Use Smartphone Surveillance to Target ‘Abortion-Minded Women’ During Clinic Visits
Rewire (May 29, 2016): Anti-Choice Groups Use Smartphone Surveillance to Target ‘Abortion-Minded Women’ During Clinic Visits, by Sharona Coutts
In the digital age of tracked advertising, we are constantly bombarded with ads that companies choose for us based on our technological imprint and history. Now, these ads are getting personal. The newly re-branded Rewire writes about John Flynn, CEO of Copley Advertising, who decided to use technology for targeted ads within the anti-choice movement; specifically, against women inside the safety of abortion clinics encouraging them to change their mind about their personal and (not-so) private choice to terminate a pregnancy. Because laws on data collection and tech privacy are still catching up with the speed at which the sector is progressing, this is all, as of now, legal.
"Women who have visited almost any abortion clinic in the United States have seen anti-choice protesters outside, wielding placards and chanting abuse. A Boston advertiser's technology, when deployed by anti-choice groups, allows those groups to send propaganda directly to a woman’s phone while she is in a clinic waiting room."
Friday, April 1, 2016
Think Progress (March 28, 2016): Inside The Christian Right's Strategy to Keep Fake Abortion Clinics Open in California, by Alex Zielinski:
Called “crisis pregnancy centers” (CPCs), these clinics advertise free pregnancy tests to get patients in the door, but ultimately lean heavily on junk science and spiritual guilt to talk women out of having an abortion. In January, California became the first state in the country to enact a law successfully cracking down on the state’s nearly 350 misleading clinics.
California's Reproductive FACT Act requires that CPCs hand out a pamphlet providing information on how to obtain birth control, abortion and prenatal care. It also requires that CPCs that do not have a medical license let patients know.
However, efforts to enforce the law have stalled because of lawsuits filed by anti-choice organizations, who claim that the law violates freedom of speech and religious freedom rights. Although four courts have denied motions for preliminary injunctions, it has not stopped the organizations from suing city and county attorneys in small communities. Their strategy appears to be to encourage the communities to agree not to enforce the law in exchange for an offer to drop the case.
So far, only one city -- Grass Valley, a town of 12,000 located an hour north of Sacramento -- has openly accepted this settlement.
"This is not a policy statement. It simply comes down to the cost -- Grass Valley is a small city," said Michael Colantuono, the city attorney for Grass Valley charged in the lawsuit.
Colantuono says that it will be up to the State Attorney General to defend the case because the city doesn't have the money to litigate. Other counties and municipalities may make the same calculation.