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)
Tuesday, July 18, 2017
Nashville Public Radio (Jul. 17, 2017): Why Women Still Must See A Doctor For The Pill, A Year After Tennessee Law Changed, by Chas Sisk
Early last year, Democrats and Republicans in the Tennessee Legislature co-sponsored and passed legislation that would allow pharmacists to prescribe birth control. Over a year later, pharmacists in Tennessee are still waiting on finalized rules from the Tennessee Department of Health.
State health officials say that final rule drafting has been "complicated." Originally scheduled to be published this summer, the Department has struggled to balance federal regulations with existing law.
The bill had widespread bipartisan support in Tennessee and the backing of major medical associations, pharmacist groups, and reproductive rights organizations. In the face of federal inaction on the issue and the FDA's resistance to over-the-counter birth control, Tennessee took matters into its own hands.
Under the law, women will still have to answer questions about their health before they can receive birth control pills at the pharmacy, and they'll have to be warned of potential side effects. Pharmacists are also required to write out the prescriptions, primarily for record-keeping purposes.
Tennessee will be just the fourth state to allow pharmacists to prescribe birth control, after California, Oregon, and Colorado. California's law spent 18 months in the rulemaking process, and Tennessee officials now expect the same for their own law.
Sunday, June 19, 2016
Los Angeles Times (June 16, 2106): Good riddance to a repugnant California cap on family aid, by Times Editorial Board:
As part of a budget deal struck by California legislators, California will end the "maximum family grant" rule, a cap on family aid designed to discourage poor women from having babies while on welfare. Although typically the amount of aid welfare recipients receive is based upon the number of children in a family, the maximum family grant rule prohibited any increase to aid based upon a birth that occurred to a family that was already receiving benefits.
It was a repugnant policy and, furthermore, it didn’t seem to work. Studies have found little evidence of a link between caps in benefits and reproduction. What we do know, however, is that the maximum family grant rule punished poor kids for the choices of their parents.
Twenty-two states adopted family caps in the 1990s. California is the seventh state to repeal the cap. According to ThinkProgress, 12 states give families no extra money for additional children while enrolled in welfare. Two other states give a flat amount of money no matter the number of children in the family, and tow states reduced benefits for additional children. Check out ThinkProgress for a map and listing of states that still have maximum family caps.
Tuesday, June 7, 2016
Salt Lake Tribune (June 3, 2016): Online Utah High School’s Biology Test Asked Students If a Woman Should Have an Abortion, Benjamin Wood:
A question on a final biology tests administered to high school students in Utah has raised the ire of some parents in that state. The question, since removed from the state's electronic testing database, concerned a 40-year-old woman who was considering an abortion after having been told that the fetus she was carrying had Down's syndrome.
The potential answers include: waiting and redoing the genetic testing closer to the baby's due date; trusting the scientific knowledge of the doctor and going forward with an abortion; prioritizing the wishes of the mother; and considering aspects like religious beliefs, financial burden and the effect on other family members before making "the best decision for everyone."
Some believe the question unlawfully tests students' religious views. Others object that the question denies students the option of expressing respect for the unborn.
Friday, March 11, 2016
New York Times (Mar. 10, 2016): Governor Vetoes Curb on an Abortion Method:
Gov. Earl Ray Tomblin on Wednesday vetoed a ban on a second-trimester abortion practice. The bill would ban dilation and evacuation method abortions unless the doctor has caused the death of the fetus. It would not ban the method in cases of medical emergency. There would not be criminal or civil penalties, but physicians could potentially lose their medical licenses. The governor, a Democrat, cited concerns about constitutionality and patient safety. Courts blocked similar bans on the commonly used practice that Kansas and Oklahoma enacted in 2015. The Republican-led Legislature passed the bill alongside some Democrats. West Virginia lawmakers can override the veto with a simple majority of both chambers. Last year, lawmakers overrode Mr. Tomblin’s veto of a ban on abortions 20 weeks after conception.
Thursday, April 30, 2015
ThinkProgress: In Bizarre Stunt, Governor Pretends To Sign Extreme Abortion Ban For Group Of Teenagers, by Tara Culp-Ressler:
Three weeks ago, Kansas became the first state in the country to ban a specific type of second-trimester abortion procedure, after Gov. Sam Brownback (R) signed a so-called “dismemberment” ban in a closed-door ceremony. But Brownback isn’t stopping there.
According to a photo tweeted out by Brownback’s office, the governor was flanked by large photos of fetuses as he approved Senate Bill 95 at the beginning of April. A few days later, Oklahoma followed in Kansas’ footsteps and approved an identical measure. Perhaps seeking to solidify Kansas’ status as the first state to venture into this area, Brownback is now taking it a step further.
On Tuesday, the governor traveled to four different cities across Kansas to reenact the signing of SB 95 in public ceremonies that teenagers could attend. The events took place at a Catholic church education building and three Catholic high schools. . . .
Sunday, March 8, 2015
Anti-Choice Legislators Oppose Successful Colorado Contraception Program by Conflating Birth Control and Abortion
NPR: Colorado Debates Whether IUDs Are Contraception Or Abortion, by Megan Verlee:
A popular contraception program in Colorado is receiving criticism from conservative lawmakers who say that the program's use of intrauterine devices, or IUDs, qualify as abortions.
More than 30,000 women in Colorado have gotten a device because of the state program, the Colorado Family Planning Initiative. An IUD normally costs between $500 and several thousand dollars. Through the program women could receive one for free. . . .
State health director Larry Wolk says that the program has largely been a success. "Our teen birth rate has dropped 40 percent over the last four years," says Wolk. "The decline in teen births has been accompanied by a 34 percent drop in abortions among teens." . . .
Oh dear. Contraception/abortion conflation strikes again. Recent research shows that IUDs' primary mechanism is pre-fertilization. For example, this article from American Family Physician advises:
. . . When discussing the mechanism of IUDs as part of the informed consent process, patients may be told that although prefertilization and postfertilization mechanisms may both contribute to the contraceptive effectiveness of IUDs, research suggests that the majority of effects occur prefertilization. . . .
Moreover, regardless of the mechanism, IUDs don't cause "abortions." Doctors define pregnancy as beginning at implantation, not before. That makes sense, especially given that about half of all fertilized eggs never successfully implant. (You don't see anti-choice advocates lamenting the loss of all of these "persons.")
Saturday, November 29, 2014
Phoenix School Board Votes to Remove Pages from Biology Textbook Discussing STDs, Contraception, and Abortion
The New York Times: In Arizona, a Textbook Fuels a Broader Dispute Over Sex Education, by Rick Rojas:
The textbook, the one with the wide-eyed lemur peering off the cover, has been handed out for years to students in honors biology classes at the high schools here, offering lessons on bread-and-butter subjects like mitosis and meiosis, photosynthesis and anatomy.
But now, the school board in this suburb of Phoenix has voted to excise or redact two pages deep inside the book — 544 and 545 — because they discuss sexually transmitted diseases and contraception, including mifepristone, a drug that can be used to prevent or halt a pregnancy. . . .
Thursday, November 20, 2014
The Jackson Clarion-Ledger: 5th Circuit refuses to reconsider Mississippi's abortion law, by Jimmie E. Gates:
The full 5th Circuit U.S. Court of Appeals has refused to reconsider a ruling blocking Mississippi from enforcing a law requiring doctors who perform abortions in the state to have admitting privileges at local hospitals.
In late July, a panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 that the law is unconstitutional because it would close Mississippi's only abortion clinic. . . .
The panel decision was notable for ruling that a state may not rely on the availability of abortion in neighboring states in arguing that its own restrictions do not impose an undue burden. In this case, the admitting privileges law threatened to shut down Mississippi's last remaining abortion clinic. Professor Jonathan Will and I exchanged views on the panel decision in August.
Sunday, November 9, 2014
NPR: Two Of Three States Reject Ballot Measures Restricting Abortion, by Jennifer Ludden:
Amid all the shakeout from this week's midterm elections, many are trying to assess the impact on abortion.
Two abortion-related ballot measures were soundly defeated. A third passed easily. And those favoring restrictions on abortion will have a much bigger voice in the new Congress. . . .
The Los Angeles Times: On abortion, election delivered mixed messages, by Maria La Ganga:
The 2014 midterm election was a mixed bag for abortion rights supporters: Two out of three state ballot measures that would have regulated the procedure went down to defeat, but control of the U.S. Senate swung to the Republican Party, with its antiabortion candidates claiming victory.
"It is a happy day for us, a great day for pro-lifers," said Marilyn Musgrave, vice president for government affairs with the Susan B. Anthony List, which advocates for female antiabortion candidates. "The life issue won." . . .
Mother Jones: The Fight for Abortion Rights Just Got a Whole Lot Harder, by Molly Redden:
Activists thought they had a chance to expand reproductive rights. The Red Wave put an end to that
The GOP wave didn't just crash into the US Senate. It flooded state legislatures, as well. By Wednesday evening, Republicans were in control of 67 of the nation's 99 state legislative chambers—up from 57 before the election. It's still unclear which party will control two other chambers.
Already, anti-abortion advocates are calling it a big win. Hundreds of the country'smost extreme anti-abortion bills pop up in these statehouses every year, and Tuesday's results won't do anything to put a stop to that. But reproductive rights advocates also suffered big setbacks Tuesday in places where they had actually been playing offense. Now, Democratic losses in states like Colorado, Nevada, New York, and Washington could torpedo their efforts to expand reproductive rights. . . .
Tuesday, November 4, 2014
The Huffington Post: Colorado And North Dakota Voters Reject Fetal Personhood Measures, by Laura Bassett:
Voters in Colorado rejected an anti-abortion ballot measure on Tuesday that would have granted personhood rights to developing fetuses from the moment of fertilization.
The ballot measure, known as Amendment 67, would have amended the state's criminal code to include fetuses in the category of "human" and "child." Supporters of the measure said it would have more harshly prosecuted someone who caused a pregnant woman to lose her baby in a situation like a drunk driving accident.
Opponents warned that it also would have criminalized women who have abortions, without exception for rape or incest.
Colorado voters rejected the amendment by a vote of 63 percent to 37 percent -- the third time they have voted down a personhood measure in the past few years. . . .
Colorado voters on Tuesday did, however, elect to the Senate Republican Cory Gardner, who co-sponsored fetal personhood legislation in the House of Representatives.
North Dakota voters on Tuesday also rejected a personhood ballot measure by a margin of 64 percent to 36 percent. The measure would have amended the state constitution to say, "The inalienable right to life of every human being at any stage of development must be recognized and protected.'" . . .
The Tennessean: Tennessee Amendment 1 abortion measure passes, by Anita Wadhwani:
Already lawmaker vows to back abortion regulations when legislature reconvenes
Tennessee voters by a solid margin backed Amendment 1, a measure that gives state lawmakers more power to restrict and regulate abortions.
The measure was perhaps the most closely watched and most contentious Election Day vote in Tennessee's midterm elections, which had few contested high-profile candidate races this year. It also was one of the most expensive ballot measures in Tennessee history. . . .
Oklahoma Supreme Court Temporarily Blocks Admitting Privileges Law and Medication Abortion Restrictions
The New York Times: Oklahoma Supreme Court Blocks 2 Abortion Laws, by Timothy Williams:
The Oklahoma Supreme Court on Tuesday blocked two new laws that critics say may have made it difficult for women to obtain abortions in the state.
The measures, approved by the State Legislature and signed into law by Gov. Mary Fallin, took effect Nov. 1.
But in a unanimous decision released Tuesday, the State Supreme Court voted to prevent enforcement of the rules until lawsuits challenging their constitutionality are settled by a lower court. . . .
Friday, October 24, 2014
RH Reality Check: Oklahoma Court Refuses to Block Admitting Privileges Requirement, by Jessica Mason Pieklo:
Oklahoma can enforce its new anti-abortion admitting privileges requirement beginning November 1, a state district court judge ruled Friday.
SB 1848 mandates all reproductive health care clinics have a physician with admitting privileges at a local hospital on-site when abortion procedures are performed. . . .
The Los Angeles Times: New class of abortion providers helps expand access in California, by Lee Romney:
Ever since the Planned Parenthood health center here opened, the six cushioned recliners in the recovery room had been in steady demand every Friday.
That's when a physician would rotate through to perform abortions for four hours. When everyone in the crowded waiting room knew why the woman next to her was there, when they all had to walk past a cluster of antiabortion protesters.
But a state law that went into effect in January has authorized nurse practitioners, certified nurse midwives and physician assistants to perform a method of first-trimester abortion known as vacuum aspiration. Previously, only doctors were allowed to do so.
With the expanded pool of providers, this Marin County clinic can now carry out the procedure as routinely as breast exams and birth control consultations, stripping away the taint of "abortion day." . . .
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.” . . .
Reuters: Oklahoma judge allows law on abortion pills to take effect, by Heide Brandes:
An Oklahoma judge said on Wednesday he will allow a law governing the use of an abortion-inducing drug to take effect as planned on Nov. 1, over the objections of abortion rights advocates who said the measure is poor public health policy that could put women at risk. . . .
In case anyone is having a sense of deja vu in reading this story: a similar Oklahoma law made it up to the U.S. Supreme Court, briefly, before the Court changed its mind and decided not to hear the case. The Oklahoma Supreme Court had invalidated the law, and the state sought U.S. Supreme Court review. After granting cert, the U.S. Supreme Court certified two questions to the Oklahoma Supreme Court seeking clarification about the scope of the statute. After the Oklahoma court answered these questions and interpreted the statute broadly, the U.S. Supreme Court dismissed the writ as improvidently granted.
Monday, September 8, 2014
The Huffington Post: Mom Ann Whalen Sentenced To Prison For Giving Daughter Abortion Pills, by David DeKok:
A Pennsylvania woman has been sentenced to up to 18 months in prison for obtaining so-called abortion pills online and providing them to her teenage daughter to end her pregnancy.
Jennifer Ann Whalen, 39, of Washingtonville, a single mother who works as a nursing home aide, pleaded guilty in August to obtaining the miscarriage-inducing pills from an online site in Europe for her daughter, 16, who did not want to have the child. . . .
Whalen told authorities there was no local clinic available to perform an abortion and her daughter did not have health insurance to cover a hospital abortion, the Press Enterprise newspaper of Bloomsburg reported. . . .
Philadelphia Magazine (opinion column): Pennsylvania Woman Going to Jail Over Abortion Pills, by Sandy Hingston:
What the GOP could learn from Colorado’s free birth control program — if they’d just open their eyes and take their fingers out of their ears.
In cheery news from the western part of our great state, a 36-year-old mom has been sentenced to a year to 18 months in prison for providing her 16-year-old daughter with abortion pills she obtained illegally from Europe in an attempt to end the daughter’s unwanted pregnancy. The mom, who’s single, works as a nursing aide, and told the court there was no local abortion clinic available to her daughter (thanks, Governor Corbett), who had no health insurance (thanks again, Governor Corbett) to pay for an in-hospital abortion. The daughter ended up in the hospital anyway after the abortion pills induced severe cramping and bleeding.
What a happy little tale.
If batshit Republicans are serious about lowering the number of abortions, you know what they should do? They should give up the slow, costly process of legislating abortion clinics out of existence and simply make birth control free for the asking for all the women in America. . . .
Thursday, September 4, 2014
The New York Times: Texas Abortion Clinic to Reopen After Ruling, by Erik Eckholm:
An embattled abortion clinic in McAllen, Tex., which was the last provider of abortions in the vast Rio Grande Valley when new state restrictions forced it to stop last fall, will start operating again by this weekend, its owner said Wednesday, after last week’s favorable decision by a federal judge.
But whether the clinic, a branch of Whole Woman’s Health, and at least a dozen others in the state can remain open for long will be determined by a federal appeals court, which has scheduled a hearing for Sept. 12 in New Orleans. . . .
Wednesday, August 27, 2014
California Health Officials Quash Catholic Employers' Efforts to Deprive Employees of Abortion Coverage
The Los Angeles Times: A women's rights victory as California nixes an attack on abortion coverage, by Michael Hiltzik:
With minimal fanfare, California state officials have nixed an underhanded effort by two Catholic-affiliated universities and their insurers to deprive the universities' employees of insurance coverage for abortions.
The move by the Department of Managed Health Care is one of the strongest statements in favor of women's reproductive health rights you're likely to hear from officials of any state, at a time when those rights are under systematic attack. So it's proper to pay attention. . . .