Monday, September 24, 2018
Albany Times-Union (Sept. 18, 2018): How safe are abortion rights in NY if Kavanaugh is confirmed?, by Bethany Bump:
New York legalized abortion in 1970, becoming the second state in the United States to broadly legalize abortion care and the first state in the nation to legalize it for out-of-state residents.
At the time, the law was seen as liberal, but no longer, according to legal scholars and experts. As confirmation hearings for Brett Kavanaugh proceed in the U.S. Senate and the fate of Roe v. Wade hangs in the balance, New York's abortion laws have received increased attention at the state and local level.
"There has been a dramatic increase by states in the last decade to try to test the boundaries of the nation's abortion law, and it seemed to be in anticipation of changes on the Supreme Court," said Andy Ayers, director of Albany Law School's Government Law Center.
Though a common assumption is that New York is generally safe from federal rollbacks on progressive issues, a policy brief authored by Ayers and published last week by Albany Law School and the Rockefeller Institute of Government highlights exactly why that might not be the case when it comes to abortion rights.
Under New York penal law, abortion is technically a crime. The 1970 law that legalized abortion simply made the procedure a "justifiable" crime under two specific circumstances: when it is performed within 24 weeks of conception or when it is performed to save a woman's life. The law contains no health exception or any other exception (such as when the fetus is nonviable) from the 24-week restriction. However, the Supreme Court later ruled in Roe and in Planned Parenthood v. Casey that denying a health exception or forcing women to carry nonviable fetuses to term constitute unconstitutional restrictions on access to abortion care.
In 1994, the New York Court of Appeals wrote that "the fundamental right of reproductive choice, inherent in the due process liberty right guaranteed by our state constitution, is at least as extensive as the federal constitutional right," and went on to cite both Roe and Casey.
"In lawyer terms, this was 'dicta,' meaning non-binding," said Ayers, who is an adviser to the Rockefeller Institute's Center for Law and Policy Solutions. "But to me, it's very, very hard to imagine that our Court of Appeals would find it permissible to restrict abortion in a way that Roe would not have allowed."
Although legal experts agree it's unconstitutional for New York to deny late-term abortions to women to protect their health or when the fetus is nonviable, those exceptions remain a gray area to some medical professionals.
The law governing abortion in New York exists within the state's penal code, meaning violators could face criminal punishment rather than civil liability. Some doctors in New York have urged some patients to seek a late-term abortion in another state.
The Reproductive Health Act, a bill that was introduced in the state Legislature in 2017 to bring New York's abortion law in line with Roe and Casey, would lessen this effect by moving abortion statutes out of state penal law and into the state's public health law. It would also expand the types of medical professionals allowed to perform abortions to include nurse practitioners and physician assistants.
As President Donald Trump prepared to announce Brett Kavanaugh as his Supreme Court nominee this summer, and amid pressure on the left from Democratic primary opponent Cynthia Nixon, Governor Andrew Cuomo spoke out against Republican state senators who have refused to pass the bill.
Other states have had better luck amending their abortion laws as the ideological makeup of the Supreme Court faces its most significant shift since the Second World War. Massachusetts recently amended its laws to bolster abortion protections, while at least fifteen states have passed laws in recent years that would prohibit abortion should the Supreme Court overturn Roe.
"If a significant number of other states start prohibiting abortion or making it hard to access," Ayers said, "we may see people come into New York to get abortions again, just like they did in the '70s."
This past Thursday, the New York City Council Committee on Women, chaired by Council Member Helen Rosenthal, held a hearing on the current status of reproductive rights and access to abortion services in New York City. The Committee heard Council Resolution 84, introduced by Public Advocate Letitia James, Council Member Rosenthal, and Council Member Justin Brannan, which urges the State Legislature to pass, and the Governor to sign, the Reproductive Health Act. Abortion rights advocates testified at the hearing, including Cynthia Soohoo, Co-Director of the Human Rights and Gender Justice Clinic at CUNY School of Law. More information about the hearing, including video of the hearing, can be found here.
Tuesday, September 11, 2018
CNN (Sept. 7, 2018): Kavanaugh 'abortion-inducing drug' comment draws scrutiny, by Ariane de Vogue & Veronica Stracqualursi:
Brett Kavanaugh's views on birth control drew scrutiny on Thursday as abortion rights advocates charged that the Supreme Court nominee referred to contraceptives as "abortion-inducing drugs."
The controversy came as Kavanaugh discussed Priests for Life v. HHS, a case involving the application of the Religious Freedom Restoration Act (RFRA) to the Affordable Care Act in which Kavanaugh wrote a dissenting opinion. The government's regulations included a requirement that all employers provide their employees with health insurance that covers all forms of FDA-approved birth control, including birth control pills, IUDs, and hormonal injections. In his dissent, Kavanaugh expressed sympathy for the religious challengers.
Asked about the case by Senator Ted Cruz (R-TX), Kavanaugh said he believed "that was a group that was being forced to provide certain kind of health coverage over their religious objection to their employees. And under the Religious Freedom Restoration Act, the question was first, was this a substantial burden on the religious exercise? And it seemed to me quite clearly it was."
"It was a technical matter of filling out a form in that case," he continued. "In that case, they said filling out the form would make them complicit in the provision of the abortion-inducing drugs that they were, as a religious matter, objected to."
Although no senators present at the hearing questioned Kavanaugh's usage of the term "abortion-inducing drugs," abortion rights advocates said Kavanaugh mischaracterized the case and also used a controversial term used by groups opposed to abortion.
Wednesday, September 5, 2018
Law professors around the country joined together in penning a letter to Senators Susan Collins (R-ME) and Lisa Murkowski (R-AK) urging them to vote "no" on Kavanaugh's Supreme Court nomination.
The letter highlights the imminent danger to reproductive health should Kavanaugh be confirmed. He would be expected to vote in support of efforts to overturn long established reproductive-rights precedents like Roe. Although Kavanaugh has publicly stated his support for stare decisis, the authors note that justices who support precedent do not always shy away from overturning it.
The overturning of Roe or Casey--both of which upheld the right to choose and based their decisions on the importance of protecting the principle that "matters involving the most intimate and personal choices a person may make in a lifetime...are central to the liberty protected by the Fourteenth Amendment"--could also implicate harmful shifts in the subsequently upheld rights to privacy relating to parenting, family planning, and same sex relationships.
In 1965, the lawyers cite, "illegal abortion in the United States accounted for 17% of all deaths attributed to pregnancy and childbirth." As officially reported numbers, the actual mortality rate due to illegal abortion was likely much higher.
The threat to reproductive health and freedom is particularly acute for women of color, poor women, and rural women, the attorneys point out, citing disparate access to quality medical care based on racial and class lines as well as the heightened maternal mortality rate for black women.
The letter states that women in Maine and Alaska in particular may be heavily affected, as both states are large and have "widely dispersed populations, creating challenges for health care."
In conclusion, the authors write:
A "no" vote is necessary to protect women and families throughout this country. We urge you, as Senators who have long supported the right to choose, to make your legacy the protection of these fundamental constitutional rights for generations to come.
Tuesday, September 4, 2018
ABC News (Sept. 3, 2018): Kavanaugh comments on abortion to be parsed in confirmation hearings, by Stephanie Ebbs:
Brett Kavanaugh testifies at his Supreme Court confirmation hearings Tuesday, and nothing will be parsed more closely than his first public comments on abortion.
Senate Democrats are expected to grill Kavanaugh on the Supreme Court's abortion jurisprudence and access to contraception.
Abortion rights groups will be listening to how Kavanaugh responds when asked if he agrees with President Trump's comments that Roe v. Wade should be overturned and what Kavanaugh meant when he described Roe as "settled law."
During his 2006 confirmation hearing for the federal bench, Kavanaugh committed to following Roe v. Wade but would not comment on his personal opinion of abortion. "The Supreme Court has held repeatedly, senator, and I don't think it would be appropriate for me to give a personal view of that case," Kavanaugh told Sen. Chuck Schumer at the time.
Over the weekend, Sen. Lindsey Graham, the South Carolina Republican who sits on the Senate Judiciary Committee, said he hopes Kavanaugh is open to both sides of any case challenging Roe, including that the decision should be overturned. In an interview, Graham said he would consider Kavanaugh "disqualified" if he promised only to uphold or overturn Roe v. Wade.
Republican Senator Susan Collins of Maine, has said she won't vote for a justice "hostile" to Roe v. Wade. But after meeting with Kavanaugh earlier this month, she said he had called Roe "settled law."
Even if Kavanaugh is not in favor of overruling Roe v. Wade, there is evidence that he would interpret the right to abortion narrowly. Last year, Kavanaugh dissented in a court decision that allowed an undocumented minor in U.S. custody to get an abortion. He argued that the government could force the minor to wait until she was transferred from a government-run immigration center to a sponsor before having the abortion. Kavanuagh argued that the delay did not constitute an "undue burden" because other laws regarding abortion can cause similar delays.
Abortion rights advocacy groups want Kavanaugh, or any other Supreme Court nominee, to affirmatively support the "personal liberty standard" and say as well that the Constitution protects an American's right to decide to use contraception, have an abortion, or marry same-sex partners. But, Kavanaugh is unlikely to make such a statement and has publicly expressed misgivings about such liberty rights.
In his dissent to the Roe v. Wade, Justice William Rehnquist wrote that the framers of the Constitution did not intend for the 14th Amendment to overrule states' ability to write their own laws about abortion because there were state laws regulating it at the time. In a speech at the American Enterprise Institute last year Kavanaugh said that while Rehnquist couldn't convince the other justices he succeeded in "stemming the general tide of free-wheeling judicial creation of unenumerated rights that were not rooted in the nation's history and tradition."
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. . . .