Sunday, July 8, 2018
The Guardian (Jul. 8, 2018): Battle lines drawn over abortion ahead of Trump's supreme court pick, by Ed Pilkington:
Battle lines have been drawn over the future of abortion in America on the eve of President Donald Trump’s nomination of a second justice to the U.S. Supreme Court that could put Roe v. Wade in jeopardy.
Trump has said he will announce his nominee for the seat in a characteristic display of political braggadocio on primetime TV at 9pm ET on Monday night (July 9). On Sunday there was no indication that he had yet made his decision, as speculation continued to swirl around the shortlist for the appointment.
Both sides in the increasingly acrimonious dispute took to the Sunday political talk shows at the start of what promises to be an epic tussle over the ninth seat on the nation’s highest court. The position will be left vacant by the retirement of Justice Anthony Kennedy, 81, who had acted as the swing vote on many critical issues including abortion.
In the course of the 2016 election, Trump made changing the face of the Supreme Court a key campaign pledge that was instrumental in firing up his base of right-wing conservative voters. In the presidential debates he vowed to appoint only Justices committed to “automatically” overturning Roe.
Now, key players in the appointment are reining back on the suggestion that the newly-composed court will target the pro-choice ruling and re-criminalise the practice. Leonard Leo, the vice president of the conservative Federalist Society who selected Trump’s longlist of 25 candidates for the Supreme Court, told ABC’s This Week that warnings about Roe v Wade were a “scare tactic." Leo said that it was impossible to predict the positions of any of the leading candidates for the seat on abortion. “Nobody really knows,” he said. “We’ve been talking about this for 36 years going all the way back to the nomination of Sandra O’Connor, and after that you only have a single individual on the court who has expressly said he would overturn Roe.”
Trump is known to have interviewed at least seven candidates for the post, all drawn from the Federalist Society longlist. Of those, the shortlist is understood to have boiled down to four judges from various US Courts of Appeals– Amy Coney Barrett, Thomas Hardiman, Brett Kavanaugh, and Raymond Kethledge.
Of those individuals, Barrett is considered to have the most hard-line record opposing abortion rights, but that could cause problems among more moderate Republicans in the Senate, notably Susan Collins of Maine, who is already the target of ads being put out by pro-choice groups.
The New York Times on Sunday reported that Senate Majority Leader Mitch McConnell was strongly urging Trump to opt for either Hardiman or Kethledge on grounds that the other two might be impossible to get confirmed. While Barrett is problematic on the abortion issue, Kavanaugh is unpopular among some Republican senators because of his track record as staff secretary under President George W. Bush.
Democrats and pro-choice groups stepped up their rhetoric on Sunday over the danger of Trump’s second pick. Richard Blumenthal, Democratic senator from Connecticut, told ABC’s This Week that it posed a fundamental threat to abortion rights. “This next nomination will be the swing vote to overturn Roe v. Wade and equally important to eviscerate the protections of millions of Americans who suffer from existing conditions and other healthcare rights along with workers’ rights, gay rights, voting rights.”
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.
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.
Saturday, June 24, 2017
TIME (Jun. 22, 2017): 4 Ways the Senate Health Care Bill Would Hurt Women, by Amanda MacMillan
The newly unveiled Senate health care bill intended to repeal the Affordable Care Act has a name: the Better Care Reconciliation Act of 2017. The Senate bill looks very similar to the American Health Care Act passed by the House of Representatives earlier this year, with a few changes. What hasn't changed much is the debilitating effects the legislation could have on women and families, and especially low-income Americans and those with pre-existing conditions.
Under the Senate plan, women could lose essential benefits like cervical cancer screenings, breast pumps, contraception, and domestic violence screening and counseling, and prescription drug coverage could be severely limited. The bill also slashes Medicaid, which currently funds half of all childbirths in the United States, and includes language that allows states to impose employment requirements for Medicaid eligibility.
The Senate plan eliminates Medicaid reimbursements to Planned Parenthood for one year, which would further limit access to essential services like well-woman visits, cancer screenings, and STI testing. Finally, the Republican plan repeals the individual mandate and the requirement that employers with 50 or more employees provide health coverage. Without these requirements, many women will lose their health insurance and face unique challenges, particularly regarding childbirth. With the U.S.'s maternal mortality rate already the highest among the developed world, both the House and Senate bills are likely to make a bad problem worse.
Friday, April 14, 2017
New York Times (Apr. 14, 2017): Voiding Obama Rule, Trump Signs Law Taking Aim at Planned Parenthood, by Julie Hirschfeld Davis:
At the end of his term, President Obama, responding to a spate of red state initiatives to defund Planned Parenthood, promulgated a regulation banning states from withholding federal funding for family planning only if the provider is unable to provide family planning services. The mere fact that a family planning provider performed abortions was not reason enough for withholding funds. A new law, the tiebreaker vote on which was cast by Vice-President Mike Pence, guts this late-term regulation. Under the law, states may cut the federal funding of groups that perform abortions. The law takes a step further the already existing ban on using federal government money for abortion except in cases of where a woman's life is at stake or the pregnancy was the result of rape or incest.
President Trump, who signed the law yesterday, is an opponent of abortion. Early in his term he reinstated a regulation blocking federal funding for any nongovernmental organizations worldwide that provide abortion counseling.
Anti-abortion conservatives have been cheered by Trump's actions and foresee further legislative activity that will withdraw public support of family planning that includes abortion.
Monday, September 26, 2016
Reacting to how restrictive abortion laws block low-income women's access to reproductive health care and force them across state borders, Kaiya Lyons's article in the Thurgood Marshall School of Law Journal on Gender, Race, and Justice develops the theory that Congress's power to regulate commerce vests it with the authority to invalidate such laws. The abstract follows.
The Supreme Court has consistently held that the right of a woman to choose to have an abortion before viability and without undue burden should be preserved. However, the ability of a woman to exercise that right today is as intimately connected to her economic privilege and geographic location as it was in the days preceding the Court's landmark ruling in Roe v. Wade. As a result of the great deference assigned to state legislatures by Roe and its progeny, increasingly restrictive abortion laws have been enacted across the country that obstruct low income women's access to reproductive health care.
This article seeks to outline how the "seismic shift" in reproductive rights law since the 2010 midterm election forced women to travel into other states to receive abortions, and thus created the very interstate market that would allow Congress to invalidate such laws under the Commerce Clause. While unlikely in the current political climate, such a legislative effort could effectively circumvent the ability of the Supreme Court to further narrow its abortion jurisprudence. This article argues that federal action is necessary to protect the rights of low income and economically vulnerable women for whom abortion is a vital piece of comprehensive reproductive health care.
Friday, August 5, 2016
National Public Radio (July 20, 2016): Anti-Abortion Groups Take New Aim with Diverse Strategies, by Julie Rovner:
In the wake of the Supreme Court's decision in Whole Woman's Health v. Hellerstedt, anti-abortion forces are reconsidering whether the strategy they have pursued for the last several years was ill-conceived. A new strategy among some groups is to lobby legislatures, at both the federal and state levels, to ban abortion after roughly twenty weeks of pregnancy and to ban all dilation and evacuation abortions. A federal bill to this effect passed the House but was defeated in the Senate.
But some anti-abortion groups want to continue fighting for TRAP (targeted regulation of abortion providers) laws and remain convinced that there is a way to formulate such laws that will pass constitutional scrutiny. Thus, the anti-abortion movement is currently divided into two camps, those who want to continue the battle to shut down abortion care clinics in the guise of fighting for women's health, and those who desire a renewed focus on banning abortion outright.
Anti-abortion forces remain convinced that they are winning the fight, despite recent setbacks and despite the social justice leanings of the up and coming generation of millennials. They view the question of who will inhabit the White House come next January as the factor that will be the most decisive in the short term.
Friday, October 9, 2015
Jezebel (Oct. 6, 2015): Toot Toot! All Aboard the Crazy Train! Congress Has Big Plans for Planned Parenthood, by Anna Merlan:
The House’s Energy and Commerce Committee voted just now to convene a special, thirteen-member subcommittee to investigate PP...The resolution from the committee says the subcommittee will be investigating “medical procedures and business practices used by entities involved in fetal tissue procurement,” as well as “the practices of providers of second and third trimester abortions, including partial birth abortion and procedures that may lead to a child born alive as a result of an attempted abortion.”
Merlan explains that the whole House will vote tomorrow on whether or not to create the committee. Merlan quotes Dawn Laguens, an Executive Vice President of Planned Parenthood, who states: “This is now a five-ring circus — and counting. This would be the fifth committee to launch an investigation based on false claims that have been totally discredited.”
Thursday, April 30, 2015
The New York Times: Insurers Flout Rule Covering Birth Control, Studies Find, by Robert Pear:
Health insurance companies often flout a federal requirement that they cover all approved methods of birth control for women without co-payments or other charges, a major benefit of the Affordable Care Act, two new studies have found.
Responding to the reports, senior Democratic members of Congress prodded the White House on Wednesday to step up enforcement of the requirement. . . .
Monday, March 23, 2015
The Washington Post/AP: House Dems say new abortion language helps Medicare doc deal, by Alan Fram:
Language has been added to an emerging bipartisan deal on Medicare clarifying that the agreement’s abortion restrictions on community health centers are temporary and won’t be inscribed into permanent law, House Democrats said Monday.
The Democrats said they believe the new provisions will ease concerns that have threatened Democratic support for the overall package, which is mostly aimed at protecting doctors who treat Medicare patients from imminent, deep cuts. . . .
Sunday, March 15, 2015
The Christian Science Monitor: McConnell vows: no vote on attorney general until abortion flap solved, by Mark Sappenfield:
Mitch McConnell said Sunday that the Senate would not vote on attorney general nominee Loretta Lynch until another bill has been dealt with first. But that bill appears to have hit an impasse over abortion.
President Obama’s nominee to be the next United States attorney general apparently will have to wait until Senate Democrats and Republicans can figure out abortion.
That could be a long wait.
It’s not that she said something controversial about abortion at confirmation hearings. In fact, the abortion issue has nothing at all to do with Loretta Lynch. . . .
Saturday, March 14, 2015
Politico: How abortion politics scuttled a human-trafficking bill, by Burgess Everett & Seung Min Kim:
It’s a cause any politician would have a hard time opposing: cracking down on human trafficking.
Instead, in a breakdown sensational even by Senate standards, a bill to address the issue is set to go down in a partisan firefight. The cause of the row? Democrats didn’t read the 68-page bill to discover its provisions dealing with abortion, and Republicans didn’t disclose the abortion language when Democratic staffers asked them for a summary of the legislation.
The spectacle has infuriated groups that advocate for cracking down on sex trafficking and left Democrats and Republicans even more skeptical of whether they can trust each other. . . .
Thursday, February 26, 2015
The Huffington Post: House Republicans Slip Anti-Abortion Language Into Education Bill, by Laura Bassett:
House Republicans attached language to a major education bill Wednesday night that would financially penalize school districts that allow school-based health centers to provide information about abortion to pregnant high school students. . . .
Thursday, January 29, 2015
The New York Times (Taking Note blog): Tim Ryan’s Switch on Abortion Rights, by Dorothy Samuels:
Representative Tim Ryan, an Ohio Democrat who previously opposed abortion rights, has officially changed sides. He’s very welcome in the pro-choice camp. With reproductive freedom under attack in the Republican-led Congress and in G.O.P.-controlled state legislatures around the country, the embattled cause needs all the new supporters it can get. . . .
Thursday, January 22, 2015
The Wall Street Journal: House Passes Bill Prohibiting Federal Funds Being Used for Abortions, by Kristina Peterson & Louise Radnofsky:
Some female Republican and centrist lawmakers helped scuttle a vote on a controversial measure to ban abortions after 20 weeks of pregnancy, prompting the House on Thursday to pass a separate, largely symbolic bill that would further restrict federal funding to pay for abortions. . . .
The bill approved Thursday, which would ban the use of federal funds to pay for abortions or health-insurance plans that cover abortion, passed 242-179. There are already bans in place on using most federal funds for abortion. One Republican, Rep. Richard Hanna of New York, voted against the bill.
The White House said President Barack Obama would likely veto it. . . .
The Washington Post - The Fix (blog): How Republicans won by losing on an abortion vote, by Chris Cillizza:
For the last several years, congressional Republicans have pursued what can be described as a short-term gain, long-term pain strategy. That is, the GOP-led House has championed, passed or, just as often, not passed legislation that pleases its base and the group of three dozen or so of its members who stake out the furthest territory on the right of ideological spectrum. That's been a fine thing for those members, most of whom sit in districts in which the only threat of losing comes in a primary, but it has been far more problematic for the overall brand of the party as it tries to recapture the White House in 2016. Think immigration reform.
On Wednesday, House Republicans -- whether purposely or by accident -- reversed that strategy, choosing some short-term pain in exchange for at least the possibility of long-term gain. . . .
The Washington Post: Abortion bill dropped amid concerns of female GOP lawmakers, by Ed O'Keefe:
House Republican leaders abruptly dropped plans late Wednesday to vote on an anti-abortion bill amid a revolt by female GOP lawmakers concerned that the legislation's restrictive language would once again spoil the party's chances of broadening its appeal to women and younger voters.
In recent days, as many as two dozen Republicans had raised concerns with the "Pain Capable Unborn Child Protection Act" that would ban abortions after the 20th week of a pregnancy. Sponsors said that exceptions would be allowed for a woman who is raped, but she could only get the abortion after reporting the rape to law enforcement.
A vote had been scheduled for Thursday to coincide with the annual March for Life, a gathering that brings hundreds of thousands of anti-abortion activists to Washington to mark the anniversary of the Supreme Court's 1973 Roe v. Wade decision that legalized abortion. . . .
CNN: House GOP leaders cave on abortion bill, by Deirdre Walsh:
Mark it down as a rare win for House GOP moderates. After scrambling into the evening on Wednesday, House Republican leaders decided to scrap a vote on a controversial anti-abortion measure scheduled to coincide with an annual gathering of anti-abortion advocates on Thursday because they couldn't round up enough support. . . .
The "Pain Capable Unborn Child Protection Act," is a bill banning so called "late-term abortions" -- those involving procedures for women who are beyond 20 weeks into their pregnancy. Several House GOP women protested language in the bill that requires those women who seek an exception to the ban because they were raped have to back up their claim with a police report. A similar measure has passed the House in 2013, but this time some female members -- including some who voted for it last time -- are pushing for that requirement to be stripped out. . . .
This is what happens when opponents of abortion stray from a simplistic but consistent position that all abortion is murder. They wade into a messy quagmire of exceptions -- which women "deserve" to have an abortion? -- a discussion that only serves to highlight that they do not, in fact, hold a consistent position that an embryo or fetus is a person. (The discredited claim that a fetus can perceive pain at 20 weeks indeed was supposed to cement the fetus's status as a person and justify the ban in question.) I've written more about this in the following articles: The Meaning of 'Life': Belief and Reason in the Abortion Debate and Roe v. Wade's 40th Anniversary: A Moment of Truth for the Anti-Abortion-Rights Movement?
Tuesday, January 20, 2015
The Hill: Obama threatens to veto abortion bill, by Sarah Ferris:
The Obama administration on Tuesday threatened to veto the GOP-backed bill to ban abortions after 20 weeks, calling it a “direct challenge” to a court-protected right for women.
The House is planning to vote on the bill Thursday, the anniversary of the landmark Supreme Court abortion case, Roe v. Wade, and the same day that thousands of anti-abortion advocates will participate in the March for Life. . . .
Thursday, January 8, 2015
MSNBC: The GOP wants to take the abortion wars national again, by Irin Carmon:
The new Congress had barely blinked awake when Republicans got back to their usual business – an abortion ban.
The Hill reports that on Monday, the first day of the new session, Rep. Trent Franks and Rep. Marsha Blackburn reintroduced the tendentiously named “Pain Capable Unborn Child Protection Act.” It bans abortion after 20 weeks on the medically-disputed theory that fetuses can feel pain at that point. . . .
Thursday, October 23, 2014
ThinkProgress: North Dakota Is Quietly Preparing To Enact The Most Radical Abortion Measure In The Country, by Tara Culp-Ressler:
In less than two weeks, North Dakota voters will head to the polls and cast their ballots on a radical effort to overhaul the state’s constitutionand redefine legal personhood in a way that includes fertilized eggs. The latest polling indicates that Amendment 1 may have enough support to pass, making North Dakota the first state in the country to enact a radical “personhood” measure — something that abortion opponents have been attempting to do for four decades. But hardly anyone is talking about it. . . .
MSNBC: This conservative cause is the GOP’s worst nightmare, by Irin Carmon:
There is one word that has defined the Colorado Senate race and it’s a word that Republican Rep. Cory Gardner and other GOP candidates across the country are tired of hearing. The word is “Personhood.”
For months, local reporters have been asking Gardner, who is challenging Democratic Sen. Mark Udall, to explain his contradictory and opaque positions on a Colorado Personhood measure Gardner once supported and a federal bill he still does. Such measures would extend legal protection to fertilized eggs and are intended to ban all abortion as well as common in-vitro fertilization processes and some forms of birth control, including the IUD and emergency contraception. . . .
It was quiet that afternoon on the Personhood terrace, when Keith Mason openly admitted he doesn’t expect Amendment 67 to pass. Then he nodded towards Planned Parenthood and grinned: “We just cost them $4 million.” . . .