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.
Saturday, November 4, 2017
Trump DOJ seeks possible disciplinary action against lawyers in abortion case of unaccompanied minor
ABC News (Nov. 3, 2017): Trump DOJ seeks possible disciplinary action against lawyers in abortion case of unaccompanied minor by, Geneva Sands
The U.S. Department of Justice (DOJ) filed a petition with the U.S. Supreme Court today asking for possible disciplinary action against the attorneys that represented an undocumented minor who had an abortion over objections from the Trump administration.
Last week, the U.S. Court of Appeals for the D.C. Circuit ruled in favor of 17-year-old Jane Doe. Doe learned she was pregnant after being placed in a detention facility for children under the purview of the Department of Health and Human Services. She says she knew immediately that an abortion was the right option for her.
Doe, represented by the ACLU, had been fighting the federal government to be granted a medical visit to a clinic to receive her abortion. The government had instead taken her against her wishes to a pro-life clinic that tried to persuade her not to abort and showed her sonograms against her will.
Doe was finally able to get her abortion on October 25.
The Trump administration has now accused the ACLU of misleading the government on the timing of Doe's abortion. They claim that after informing Justice Department attorneys that the teen's procedure would occur on October 26th, Doe's attorneys actually scheduled it for early on October 25, thereby avoiding Supreme Court review.
Government attorneys allege that the ACLU, while advocating for their client, violated their duties to the court and to the Bar. The administration believes the judgment under review that enabled Doe to receive the abortion should be vacated and additionally seeks potential disciplinary action against Doe's attorneys.
In response, the ACLU says the government failed to file a timely review with the Supreme Court and that Doe's attorneys acted both in the best interest of their client and "in full compliance with the court orders and federal and Texas law."
According to Jane herself:
"I’m a 17-year-old girl that came to this country to make a better life for myself. My journey wasn’t easy, but I came here with hope in my heart to build a life I can be proud of. I dream about studying, becoming a nurse, and one day working with the elderly," she wrote. "This is my life, my decision. I want a better future. I want justice," she concluded.
Wednesday, October 25, 2017
Sunday, October 22, 2017
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, August 25, 2016
Human Reproduction (July 7, 2016): Is Underage Abortion Associated with Adverse Outcomes in Early Adulthood? A Longitudinal Birth Cohort Study up to 25 Years of Age, by Suvi Leppälahti, et al.:
Tuesday, August 23, 2016
New York Times (Jul. 19, 2016): Winning the Campaign to Curb Teen Pregnancy, by Tina Rosenberg:
It is common knowledge that girls who get pregnant have a range of difficulties. They have trouble finishing school and often have babies at risk for health problems and who themselves will experience academic difficulty and incarceration. The birthrate for teenage mothers in the United States has hit a new low. It is now even lower than it was in the 1950s. No one knows the cause of the drop in the birthrate, but it appears not to have to do with an increase in abortions (that rate has also dropped) but with an increase in contraceptive use.
The drop in the birth rate may also have to do with the show “16 and Pregnant.” After it began airing on MTV in 2009, teen pregnancy rates dropped three times as fast as previously. Such declines were most remarkable in regions where more teenagers were watching MTV. Google searches for “how to get birth control” spiked on days following an episode’s airing.
Colorado appears to have embraced the data. The state offers long-acting reversible contraceptives cost-free to women and girls. These “set and forget” methods have become the most reliable forms of birth control. Some of the cost to the state is subsidized by Obamacare and Medicaid. The Medicaid program saves on the cost of unwanted births and the medical care of children in poverty. Colorado’s experiment has been a success. Now the challenge lies in convincing other states to follow suit.
Thursday, June 23, 2016
Jezebel (May 17, 2016): Report Finds Pregnant Massachusetts Inmates Are Still Being Illegally Shackled, by Anna Merlan:
In 2014, Massachusetts passed legislation prohibiting the shackling of pregnant inmates. The law prohibits shackling women when they are in labor, in their second or third trimester of pregnancy and immediately post-delivery. Despite the law a recent report found that many Massachusetts counties fail to enforce law and even have written policies that explicitly violate it.
The report published by Prisoners' Legal Services and the Prison Birth Project
charges that neither the state Department of Corrections nor a single county sheriff’s office is fully implementing the anti-shackling law, and that knowledge of what the law even entails “varies not just from one prison or jail to another, but among corrections personnel who work for the same prison or jail.”
The report documents instances of shackling during labor and in hospital beds post-delivery. The report also found violations of the law's requirement that pregnant women be transported in vehicles with seatbelts to prevent the danger caused by sliding around in van seats or benches while handcuffed.
Massachusetts is one of 22 states that have anti-shackling laws. Its experience illustrates the need for monitoring and implementation of these laws.
Wednesday, June 22, 2016
The Atlantic, June 14, 2016 Can the U.S. End Teen Pregnancy?, by Caitlin Cadieux, Olga Khazan, Nicolas Pollock:
An animated video by the Atlantic discusses teen pregnancy in the U.S.:
Teen birth rates in the U.S. are down 9 percent from 2013, and they are the lowest they’ve been since 1940. However, America still has the highest teen pregnancy rate among 21 similar countries. Why is this? In this video, staff writer Olga Khazan explores how poverty, culture, and religion can all play a role.
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.
Tuesday, May 10, 2016
The Moral Case for Abortion by Ann Furedi.
Ann Furedi is a provider of abortion services in the UK. In her new book, she asserts that true respect for human life and true regard for individual conscience demand that we respect a woman’s right to decide, and that support for a woman’s right to a termination has moral foundations and ethical integrity. Drawing on the traditions of sociological thinking and moral philosophy,
Furedi maintains that there is a strong moral case for recognizing autonomy in personal decision-making about reproductive intentions. She argues moreover that to prevent a woman from making her own choice to continue or end her pregnancy is to undermine the essence of her humanity. This fresh perspective on abortion will interest both pro- and anti-choice individuals and organizations, along with academics in the fields of gender studies, philosophy, ethics and religion.
Minors, Parents, and Minor Parents, by Maya Manian
In her new article in the Missouri Law Review, Maya Manian, a professor at the University of San Francisco School of Law, exposes the law's incoherent approach to adolescent reproduction. Her research indicates that states overwhelmingly allow a teenage girl to independently consent to pregnancy care and medical treatment for her child and even to give up her child for adoption, all without notice to her parents, but require parental notice or consent for abortion. Manian theorizes that the unrecognized policy underlying these seemingly contradictory positions is to punish teenage sexuality and undermine adolescents’ reproductive rights.
Friday, May 8, 2015
CNN: Survey says teens skip birth control because they fear parental judgment, by Kelly Wallace:
Parents, if the following finding doesn't make you sit up and take notice when it comes to talking to your kids about sex and birth control, I'm not sure what will get your attention.
In a recent survey, 68% of teens said they agreed with this statement: The primary reason why they don't use birth control or protection is because they're afraid their parents will find out. . . .
Thursday, April 30, 2015
Metro.co.uk: Pregnant girl, 10, ‘denied life-saving abortion after being raped by stepfather’, by Harry Readhead:
A 10-year-old girl who was raped by her stepfather has allegedly been denied the abortion she desperately needs.
The child was found to be 21 weeks pregnant after arriving at hospital in Asunción, Paraguay, this month complaining of stomach pains.
Amnesty International reports that the girl’s pregnancy came as a result of being raped by her stepfather, but she has allegedly been denied a life-saving abortion and sent to a centre for young mothers instead. . . .
Saturday, March 21, 2015
Associated Press: Ala. Abortion Law Lets Judges Appoint Lawyers for Fetuses, by Kim Chandler:
The American Civil Liberties Union on Wednesday asked a federal judge to block an Alabama law that allows a fetus to be represented in court when a minor is seeking judicial permission for an abortion.
While abortion opponents have rolled out a variety of new restrictions on abortion in recent years - including new requirements on clinics and doctors - ACLU staff attorney Andrew Beck said the Alabama law was unique. . . .
Here's the Daily Show's take on it (from January):
Sunday, March 8, 2015
The Huffington Post: Why Is LGBT-Inclusive Sex Education Still So Taboo?, by Alexandra Temblador:
Only 22 states plus the District of Columbia requires sex education in schools. Twelve of those states require sex education teachers to discuss sexual orientation. Three of those 12 states require teachers to impart only negative information on sexual orientation to students. Yes, three states in the United States make LGBTQ youth listen to discriminatory information directed at them by their own teachers. Take Alabama, whose sex education instructors are required to teach that homosexuality “is an unacceptable, criminal lifestyle.”
Out of 50 states and one district, only nine states have any form of positive LGBT-inclusive sexual education, a number that is very disheartening for the overall well-being of many youth in the United States. . . .
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. . . .
Tuesday, February 24, 2015
The Denver Post: Colorado House committee passes bill providing state money for contraception, by Joey Bunch:
A House committee gave its approval Tuesday to a bill to put state money behind a contraception program that supporters say has been a major contributor to reducing teen pregnancies in Colorado.
The bill would provide $5 million next year to continue to provide free or low-cost intrauterine contraceptive devices, called IUDs, to women ages 15 to 19 years at clinics across the state. . . .
Friday, October 3, 2014
ThinkProgress: Alabama’s Abortion Law Puts Minors On Trial And Gives Their Fetuses A Lawyer, by Tara Culp-Ressler:
The American Civil Liberties Union (ACLU) filed suit against Alabama this week in an attempt to overturn what the group suggests may be the most radical parental consent law in the country. Under a new law that went into effect this summer, minors who are seeking to bypass their parents’ consent to get an abortion are essentially put on trial. The state is allowed to appoint a lawyer for their fetus and call witnesses to testify about the teenager’s character. . . .
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. . . .
Sunday, August 10, 2014
BBC News: Colorado birth control scheme causes drop in teen pregnancy, by Aleem Maqbool:
A Colorado programme that offers free birth control to teenagers has dramatically reduced the rate of teenage pregnancy. But the nature of the scheme's funding - a large anonymous donation - leaves it unclear whether it could work on a broader scale.
Dianzu Mosqueda Salinas is a young woman working at a family planning centre in the Colorado town of Boulder.
In 2010, she had walked into the very same centre as a nervous teenager, curious about birth control options. . . .