Category Archives: ProPublica

Victory! The New York Times called a denier a denier.

That’s according to a new report from the Brookings Institution, which says a decoupling of economic growth from CO2 emissions shows that it is indeed possible to have your cake (aka money) and eat it too (aka less pollution).

Brookings Institute

As Brookings put it: “President-elect Trump’s notion of an opposition between economic growth and environmental stewardship appears to be a false one.”

On average, the states that separated economic growth from emissions saw their GDPs rise by 22 percent while cutting CO2 by 12 percent between 2000 and 2014. States where emissions rose saw GDP rise too, by an average of 32 percent, but that figure might have been lower if Brookings had been able to analyze more recent data, as oil, gas, and coal prices have fallen in the last couple of years, hurting the economies of fossil fuel–producing states.

Going forward, all states need to do better — national emissions must drop 4.3 percent a year from now till 2030 to be on track to avert the worst of global warming. The good news is that even if the federal government isn’t helping, states and cities have a lot of power to cut carbon via renewable energy targets, energy-efficiency efforts, building codes, and more.

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Victory! The New York Times called a denier a denier.

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Republicans are taking coal miners’ pensions and their healthcare. (UPDATED)

That’s according to a new report from the Brookings Institution, which says a decoupling of economic growth from CO2 emissions shows that it is indeed possible to have your cake (aka money) and eat it too (aka less pollution).

Brookings Institute

As Brookings put it: “President-elect Trump’s notion of an opposition between economic growth and environmental stewardship appears to be a false one.”

On average, the states that separated economic growth from emissions saw their GDPs rise by 22 percent while cutting CO2 by 12 percent between 2000 and 2014. States where emissions rose saw GDP rise too, by an average of 32 percent, but that figure might have been lower if Brookings had been able to analyze more recent data, as oil, gas, and coal prices have fallen in the last couple of years, hurting the economies of fossil fuel–producing states.

Going forward, all states need to do better — national emissions must drop 4.3 percent a year from now till 2030 to be on track to avert the worst of global warming. The good news is that even if the federal government isn’t helping, states and cities have a lot of power to cut carbon via renewable energy targets, energy-efficiency efforts, building codes, and more.

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Republicans are taking coal miners’ pensions and their healthcare. (UPDATED)

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How One Plan to Bring Undocumented Immigrants out of the Shadows Could Get Them Deported

Mother Jones

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Since 2015, California has issued about 800,000 licenses to drivers who lack proof of legal residence. In Illinois, more than 212,000 people have received what are known as temporary visitor driver’s licenses. Connecticut has approved around 26,000 drive-only licenses for undocumented immigrants, and nine more states plus the District of Columbia have similar programs.

To date, these initiatives have been widely hailed as a reasonable way to try to improve public safety, by helping make sure that everyone behind the wheel was a competent driver. But now, with the incoming Trump administration seemingly committed to deporting undocumented individuals, there is worry among immigration advocates that the identifying data collected as part of these programs—names, addresses, copies of foreign passports—could be used by federal authorities looking to send people back to their home countries.

Last month, Trump said he would deport or incarcerate as many as 3 million undocumented immigrants who have criminal records. A 10-point immigration plan on Trump’s transition website lists “zero tolerance for criminal aliens,” along with a promise to “ensure that other countries take their people back when we order them deported.” The plan also calls for blocking funding for so-called “sanctuary cities” that historically have limited their cooperation with federal immigration agents.

“The discussion up to this point has been hypothetical or theoretical, and now it’s feeling very real,” said Jonathan Blazer, advocacy and policy counsel for the ACLU. “People start to think, ‘Are things going to look completely different than they’ve ever looked before, in terms of what the federal government might try to do?'”

Nothing in federal law specifically entitles immigration agents access to state data on drivers who may be in the country illegally, according to Blazer. To get states to produce a list of these drivers, US Immigration and Customs Enforcement—which includes the federal government’s deportation arm—might have to rely on its administrative subpoena power. Even then, states could refuse to provide the information, thereby forcing the federal government to sue for the driver data or narrow its request, Blazer and other legal experts said.

“If ICE just came and said, ‘Hey, give me all your driving privilege card holders, ‘I would say, ‘No,’ and they would have to take some sort of different legal action that is beyond my control,” said Scott Vien, the director of Delaware’s Division of Motor Vehicles, which has so far issued about 3,500 driving credentials to undocumented immigrants. Some of the records they maintain include copies of birth certificates, foreign passports and consular identification cards.

Uncertainty already surrounds the fate of more than 700,000 undocumented immigrants who first arrived in the United States as children, and who obtained temporary reprieves from deportation through a 2012 executive action of President Barack Obama. In applying to the program, these individuals submitted all sorts of personal information to the federal government, including home addresses and the names of family members. Immigrants and their advocates now fear that this information could be turned over to federal immigration officials after Obama leaves office, for use in tracking down undocumented individuals.

Driving records, it is now clear, constitute another vast store of data on US residents who may not be residing in the country legally. In all, more than 1 million licenses meant for people without proof of legal immigration status have been issued across the country.

There have already been some instances of ICE seeking to get and use driver’s license information in bulk from states that do not have the special programs for the undocumented—New Jersey among them. In 2012, ICE’s Newark field office obtained from the New Jersey Motor Vehicle Commission a list of people who had applied for restricted licenses using valid but temporary immigration documents. An initial review “resulted in the identification of numerous foreign-born individuals who fall under ICE priorities,” according to an April 2012 letter from the field office director, who also requested that New Jersey continue to supply updated lists.

That same year, the Atlanta field office proposed gaining access to the names of foreign-born residents with temporary driver’s licenses, as well as lists of rejected license applications, as part of its efforts to achieve that year’s “criminal-alien removal target.” That DMV project was not implemented, according to an ICE official’s email from 2014, which was obtained through a Freedom of Information Act request by the National Immigration Law Center.

The Illinois secretary of state’s office has said it cannot guarantee the safety of temporary license applicants’ information from federal immigration authorities. If the office receives a “legally valid request” for information on license applicants who lack proof of legal residence, it will comply, according to an FAQ published by the state earlier this year.

“If ICE did come to us with a subpoena, we’d probably have to go and get a legal opinion, from the attorney general,” said Dave Druker, a spokesman for the Illinois secretary of state’s office. “It hasn’t happened yet.”

The state has had a problem with protecting applicant information before. About three years ago, an employee of the secretary of state’s office alerted ICE about an undocumented immigrant who had applied for a temporary license. The applicant was then apprehended upon showing up at a state office for an appointment in February 2014. Due in part to outcry from immigrant rights advocates following the incident, the state has said it will no longer proactively volunteer information to ICE about temporary license seekers, as long as they do not have any records of felony criminal activity or appear on any terrorism watch list.

“In order to find out the legality, someone needs to be willing to sue, and because of data sharing and how it operates, a lot of times it’s going to require a political actor to do that—a state, a locality,” said Mark Fleming, the national litigation coordinator for the National Immigrant Justice Center. “That’s often a political decision for a lot of elected officials.”

ICE already enjoys limited access to basic state driver’s license information through a law enforcement data exchange network called Nlets. However, the information ICE can see wouldn’t necessarily give away someone’s immigration status.

In California, any driver’s license information that the state makes available to law enforcement agencies through data-sharing systems does not indicate whether the driver provided evidence of legal immigration status, according to Artemio Armenta, a spokesman for the California Department of Motor Vehicles.

In the Illinois system, however, there’s a potential giveaway: Driver data for a regular license includes a Social Security number, whereas temporary license records will list a consular card or foreign passport number instead.

Other states that offer driving privileges to undocumented individuals include Colorado, Connecticut, Delaware, Hawaii, Maryland, New Mexico, Nevada, Utah, and Vermont. In Washington state, no resident has to provide evidence of legal presence or citizenship to obtain a standard license. Even so, many immigrants who lack proof of legal residence face a dilemma in deciding whether or not to take advantage of these programs and apply for driving credentials.

“People can’t be afraid to get the license that would enable them to learn the rules of the road and hold them accountable for driving,” said Tanya Broder, a senior staff attorney with the National Immigration Law Center. At the same time, “we’ve told people that if they’re at high risk, if they don’t want to be seen or found, that the DMV database makes them easier to find.”

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How One Plan to Bring Undocumented Immigrants out of the Shadows Could Get Them Deported

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Facebook Makes It Easy for Advertisers to Be Racist

Mother Jones

This story originally appeared on ProPublica.

Imagine if, during the Jim Crow era, a newspaper offered advertisers the option of placing ads only in copies that went to white readers.

That’s basically what Facebook is doing nowadays.

The ubiquitous social network not only allows advertisers to target users by their interests or background, it also gives advertisers the ability to exclude specific groups it calls “Ethnic Affinities.” Ads that exclude people based on race, gender and other sensitive factors are prohibited by federal law in housing and employment.

Here is a screenshot of a housing ad that we purchased from Facebook’s self-service advertising portal:

ProPublica

The ad we purchased was targeted to Facebook members who were house hunting and excluded anyone with an “affinity” for African-American, Asian-American or Hispanic people. (Here’s the ad itself.)

When we showed Facebook’s racial exclusion options to a prominent civil rights lawyer John Relman, he gasped and said, “This is horrifying. This is massively illegal. This is about as blatant a violation of the federal Fair Housing Act as one can find.”

The Fair Housing Act of 1968 makes it illegal “to make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin.” Violators can face tens of thousands of dollars in fines.

The Civil Rights Act of 1964 also prohibits the “printing or publication of notices or advertisements indicating prohibited preference, limitation, specification or discrimination” in employment recruitment.

Facebook’s business model is based on allowing advertisers to target specific groups 2014 or, apparently to exclude specific groups 2014 using huge reams of personal data the company has collected about its users. Facebook’s microtargeting is particularly helpful for advertisers looking to reach niche audiences, such as swing-state voters concerned about climate change. ProPublica recently offered a tool allowing users to see how Facebook is categorizing them. We found nearly 50,000 unique categories in which Facebook places its users.

Facebook says its policies prohibit advertisers from using the targeting options for discrimination, harassment, disparagement or predatory advertising practices.

“We take a strong stand against advertisers misusing our platform: Our policies prohibit using our targeting options to discriminate, and they require compliance with the law,” said Steve Satterfield, privacy and public policy manager at Facebook. “We take prompt enforcement action when we determine that ads violate our policies.”

Satterfield said it’s important for advertisers to have the ability to both include and exclude groups as they test how their marketing performs. For instance, he said, an advertiser “might run one campaign in English that excludes the Hispanic affinity group to see how well the campaign performs against running that ad campaign in Spanish. This is a common practice in the industry.”

He said Facebook began offering the “Ethnic Affinity” categories within the past two years as part of a “multicultural advertising” effort.

Satterfield added that the “Ethnic Affinity” is not the same as race 2014 which Facebook does not ask its members about. Facebook assigns members an “Ethnic Affinity” based on pages and posts they have liked or engaged with on Facebook.

When we asked why “Ethnic Affinity” was included in the “Demographics” category of its ad-targeting tool if it’s not a representation of demographics, Facebook responded that it plans to move “Ethnic Affinity” to another section.

Facebook declined to answer questions about why our housing ad excluding minority groups was approved 15 minutes after we placed the order.

By comparison, consider the advertising controls that the New York Times has put in place to prevent discriminatory housing ads. After the newspaper was successfully sued under the Fair Housing Act in 1989, it agreed to review ads for potentially discriminatory content before accepting them for publication.

Steph Jespersen, the Times’ director of advertising acceptability, said that the company’s staff runs automated programs to make sure that ads that contain discriminatory phrases such as “whites only” and “no kids” are rejected.

The Times’ automated program also highlights ads that contain potentially discriminatory code words such as “near churches” or “close to a country club.” Humans then review those ads before they can be approved.

Jespersen said the Times also rejects housing ads that contain photographs of too many white people. The people in the ads must represent the diversity of the population of New York, and if they don’t, he says he will call up the advertiser and ask them to submit an ad with a more diverse lineup of models.

But, Jespersen said, these days most advertisers know not to submit discriminatory ads: “I haven’t seen an ad with 2018whites only’ for a long time.”

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Facebook Makes It Easy for Advertisers to Be Racist

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Karl Rove’s Group Injects Scare Tactics Into New Hampshire Senate Race

Mother Jones

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New Hampshire voters came home last night to find an alarming warning in their mailboxes. Voting for Democrat Maggie Hassan in her Senate race against incumbent Sen. Kelly Ayotte, they were told, would essentially mean voting for terrorists to target their children. The large glossy mailer warns on the front that radical Islamic terrorists are searching for their next city to target:

The crosshairs motif continues on the inside, which bashes Hassan for supporting the Iran nuclear deal and emphasizes—over a silhouette of a woman and a young girl walking hand in hand—that terrorists are “searching for soft targets…”:

The back of the mailer shows yet another crosshairs over an American flag outside a home, paired with a warning that terrorists are an imminent threat and support for Hassan could put “our families at risk”:

Where did the money come from to create the provocative mailer? We’ll probably never know. According to the fine print at the bottom, the mailer was sent by One Nation, a politically active 501(c)(4) nonprofit, also known as a dark money group. According to the nonpartisan Center for Responsive Politics, One Nation was taken over earlier this year by operatives from American Crossroads, Karl Rove’s outside money operation.

Federal Election Commission records show that One Nation paid about $44,000 for the mailer, but as a nonprofit organization, One Nation will never have to disclose who donated the money to fund the mailer. It’s not clear whether One Nation has sent similar mailings in other states, though FEC records show the group is spending money on mailers in Nevada, Indiana, and North Carolina.

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Karl Rove’s Group Injects Scare Tactics Into New Hampshire Senate Race

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The Infuriating and Inspiring Story Behind the Opening of a Red-State Abortion Clinic

Mother Jones

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Julie Burkhart wondered if her impression of Catholic nuns as quiet, meek, shy women was all wrong.

Burkhart is opening an abortion clinic in Oklahoma City, and it’s located in the same neighborhood as St. James the Greater Catholic Church. A few months ago, members of the church began holding lunchtime protests at the construction site, and one bold nun entered the clinic to harass construction workers. Then the nun demanded a meeting with Burkhart.

I went out and I told her, ‘Well, you’re never to walk onto this property unless you’re invited, and I don’t think we really have a lot to talk about,'” Burkhart said firmly.

Angry nuns aren’t the only problem that the clinic operator has had to contend with when trying to open the first new abortion clinic in Oklahoma since 1974. It’s been a time-consuming, costly enterprise in a state that has, Burkhart notes, a number of “prohibitive anti-choice laws.” Gov. Mary Fallin has signed 20 anti-abortion bills over the course of her six-year tenure, including measures that tripled the waiting period from 24 to 72 hours and banned the use of telemedicine to administer medication abortion. Although this year she vetoed one that would have made it a felony to provide abortions except in cases of miscarriage or when a woman’s life is in danger, she did so because the language in the legislation was “vague.” (Removing fetal matter after a miscarriage does not medically qualify as abortion, despite the legislation’s definition of it as such.) Legal experts contend the bill could not have survived a constitutional challenge anyway.

Burkhart’s clinic, Trust Women South Wind Women’s Center Oklahoma City, will be the only one in the state’s largest city. Since late 2014, women in Oklahoma seeking an abortion have had only two options—in Norman and Tulsa—130 miles apart. Her clinic will provide general reproductive health care—birth control, pap smears, pregnancy care, transgender care—along with abortion services for up to 21.6 weeks. When we spoke, she was getting ready to receive the final sign-off from the state regulators before the clinic opens its doors in August.

“Just because we happen to live in a more traditional, conventional, conservative part of the country, it doesn’t mean that people don’t need reproductive health care,” Burkhart says. “I think sometimes that gets lost because of the political attitudes here, but abortion is equal opportunity, whether you’re conservative or liberal or a Democrat or a Republican or whatever.”

The four-decade lull between the last opening of a new clinic in Oklahoma is representative of a broader trend: Clinics are opening at a much slower rate in recent years, due to mounting costly restrictions. According to an investigation by Bloomberg, at least 162 abortion providers have closed since 2011 and only 21 new clinics have opened, three-quarters of them by Planned Parenthood rather than private operators like Burkhart.

Oklahoma has been challenging, but Burkhart is no newcomer to the struggle for abortion rights. An activist for reproductive justice and a political consultant in Washington state, she moved to Wichita, Kansas, in 2002 and became chair of the Witchita Choice Alliance, an abortion rights group. There she began working with Dr. George Tiller, an abortion provider who also performed late-term abortions and was the target of violence by anti-abortion extremists for years. His clinic was bombed in 1986, and he survived being shot in both arms by anti-abortion activist Shelley Shannon in 1993.

Burkhart considers Tiller her “mentor” and remembers him as an encouraging, “solutions-oriented” man. She was the spokeswoman for his clinic in 2009, when the physician was murdered in the foyer of his Lutheran church while he handed out bulletins for the Sunday service. He was shot in the head by Scott Roeder, an anti-abortion activist with ties to Operation Rescue, an extremist anti-abortion group with headquarters in Kansas that had long protested Tiller’s clinic.

A few weeks after his death, Burkhart told the Oklahoman, she sat in his living room and told his widow, “We have to reestablish services.”

It took four years and the creation of a reproductive rights organization—Trust Women, an advocacy group that also provides women’s health care in underserved areas—but in 2013, Burkhart opened a new clinic in Wichita, in the same space where Tiller had practiced. The following year, she set her sights on Oklahoma, and from the very beginning she faced challenges.

First was the question of financing. In 2014, she began her yearlong search for a bank that would give Trust Women a mortgage and a small line of credit to begin construction on the property she had chosen. After being turned down by banks for nearly a year, she started to fear they would have to pay cash for everything. Eventually, she found a bank and was able to move forward.

She also ran into trouble with the state Department of Health when she submitted Trust Women’s application for a license, including the blueprints of her plans to outfit the clinic in compliance with the state’s health code, which, she says, are “one step down” from an ambulatory surgical center. In June, the Supreme Court decreed that requiring clinics to be outfitted as ambulatory surgical centers constitutes undue burden, but for now at least, Oklahoma’s state regulations are still in place. “We have giant operating rooms, both here in Kansas and Oklahoma,” she said, noting that historically, most first- and early-second-trimester abortions have been safely performed in doctor’s offices. Nonetheless, the Department of Health “would not sign off on any of our applications, even though I submitted all the corrective actions time and again,” Burkhart said. “We really complied with everything that they had brought to our attention, so they kept saying, ‘No, no, no.’ My attitude was like, ‘No that’s not gonna work for us.'”

She summoned her attorneys, and in late 2015, they met with the state’s counsel to get “on the same page.” It’s been a much smoother relationship since. The Department of Health told Mother Jones that it could not comment on the licensing process.

Burkhart and her architect recruited a team of subcontractors to build their clinic to code. They vetted each one and made sure they understood the nature of the project and that it could involve some personal risk. They found a tan brick former eye clinic across from a 7-Eleven and down the road from St. James the Greater Catholic Church, and they began gutting it in December. Construction started in January.

In March, anti-abortion activist Alan Maricle from the Oklahoma-based group Abolish Human Abortion (AHA) began demonstrating at the clinic, harassing the workers and filming his arguments to upload to a YouTube page. Maricle even went so far as to find the churches where two of the contractors worshipped, calling the pastors at those churches to see if they were “cool with it.” Maricle said both pastors stood up for the contractors—he also visited both churches but said he left without speaking to anyone.

“One of the things that sets AHA apart from the pro-life movement as it appears in virtually every other part of the country is this growing understanding of the complicity of the church in what we think of as the Holocaust,” Maricle says. “We see the churches being silent—they’re playing political games with this matter…This kind of mentality leads to good, Christian people thinking it’s okay to build abortion mills.”

Burkhart quickly set up meetings with local law enforcement and erected a fence around the building. That didn’t deter the flood of more protesters, but construction continued.

Burkhart estimates construction expenses—which became more costly due to state requirements—will run up to $650,000. Add to that the cost of purchasing the building, and the final bill for the facility alone is nearly $1 million. That doesn’t include what she’ll pay for staffing, equipment, and medicine. This marks a radical change from the situation before Targeted Regulation of Abortion Providers (or TRAP) laws were enacted. She calls those requirements “an added layer of bureaucracy and cost, meant to be punitive for abortion providers and either prohibit them from opening or cause them to shut down, as we’ve seen in Texas.”

Even finding an OB-GYN in Oklahoma can be a challenge, although Burkhart already has physicians lined up to work. The state suffers from a severe shortage of practicing gynecologists. The American Congress of Obstetricians and Gynecologists reported that in 2014, 48 counties out of the state’s 77 didn’t have a single OB-GYN, and there are approximately 1.87 OB-GYNs for every 10,000 women in Oklahoma, which is below the national average of 2.65 per 10,000 women.

And she’s painfully aware of the potential danger that comes with running a clinic. As opening day nears, she can’t help but think of her former boss. She remembers his encouragement, his determination, and the way he insisted on hugs after every meeting.

“I’ve really been missing him this week,” she said. “He was just such a wonderful person to work for, and…I always just felt like we were doing such good work.”

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The Infuriating and Inspiring Story Behind the Opening of a Red-State Abortion Clinic

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The US Government Is Literally Arming the World, and Nobody’s Even Talking About It

Mother Jones

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This story first appeared on the TomDispatch website.

When American firms dominate a global market worth more than $70 billion a year, you’d expect to hear about it. Not so with the global arms trade. It’s good for one or two stories a year in the mainstream media, usually when the annual statistics on the state of the business come out.

It’s not that no one writes about aspects of the arms trade. There are occasional pieces that, for example, take note of the impact of US weapons transfers, including cluster bombs, to Saudi Arabia, or of the disastrous dispensation of weaponry to US allies in Syria, or of foreign sales of the costly, controversial F-35 combat aircraft. And once in a while, if a foreign leader meets with the president, US arms sales to his or her country might generate an article or two. But the sheer size of the American arms trade, the politics that drive it, the companies that profit from it, and its devastating global impacts are rarely discussed, much less analyzed in any depth.

So here’s a question that’s puzzled me for years (and I’m something of an arms wonk): Why do other major US exports—from Hollywood movies to Midwestern grain shipments to Boeing airliners—garner regular coverage while trends in weapons exports remain in relative obscurity? Are we ashamed of standing essentially alone as the world’s No. 1 arms dealer, or is our Weapons “R” Us role so commonplace that we take it for granted, like death or taxes?

The numbers should stagger anyone. According to the latest figures available from the Congressional Research Service, the United States was credited with more than half the value of all global arms transfer agreements in 2014, the most recent year for which full statistics are available. At 14 percent, the world’s second largest supplier, Russia, lagged far behind. Washington’s leadership in this field has never truly been challenged. The US share has fluctuated between one-third and one-half of the global market for the past two decades, peaking at an almost monopolistic 70 percent of all weapons sold in 2011. And the gold rush continues. Vice Admiral Joe Rixey, who heads the Pentagon’s arms sales agency, euphemistically known as the Defense Security Cooperation Agency, estimates that arms deals facilitated by the Pentagon topped $46 billion in 2015, and are on track to hit $40 billion in 2016.

To be completely accurate, there is one group of people who pay remarkably close attention to these trends—executives of the defense contractors that are cashing in on this growth market. With the Pentagon and related agencies taking in “only” about $600 billion a year—high by historical standards but tens of billions of dollars less than hoped for by the defense industry—companies like Lockheed Martin, Raytheon, and General Dynamics have been looking to global markets as their major source of new revenue.

In a January 2015 investor call, for example, Lockheed Martin CEO Marillyn Hewson was asked whether the Iran nuclear deal brokered by the Obama administration and five other powers might reduce tensions in the Middle East, undermining the company’s strategy of increasing its arms exports to the region. She responded that continuing “volatility” in both the Middle East and Asia would make them “growth areas” for the foreseeable future. In other words, no worries. As long as the world stays at war or on the verge of it, Lockheed Martin’s profits won’t suffer—and, of course, its products will help ensure that any such volatility will prove lethal indeed.

Under Hewson, Lockheed has set a goal of getting at least 25 percent of its revenues from weapons exports, and Boeing has done that company one better. It’s seeking to make overseas arms sales 30 percent of its business.

Arms deals are a way of life in Washington. From the president on down, significant parts of the government are intent on ensuring that American arms will flood the global market and companies like Lockheed and Boeing will live the good life. From the president on his trips abroad to visit allied world leaders to the secretaries of state and defense to the staffs of US embassies, American officials regularly act as salespeople for the arms firms. And the Pentagon is their enabler. From brokering, facilitating, and literally banking the money from arms deals to transferring weapons to favored allies on the taxpayers’ dime, it is in essence the world’s largest arms dealer.

In a typical sale, the US government is involved every step of the way. The Pentagon often does assessments of an allied nation’s armed forces in order to tell them what they “need”—and of course what they always need is billions of dollars in new US-supplied equipment. Then the Pentagon helps negotiate the terms of the deal, notifies Congress of its details, and collects the funds from the foreign buyer, which it then gives to the US supplier in the form of a defense contract. In most deals, the Pentagon is also the point of contact for maintenance and spare parts for any US-supplied system. The bureaucracy that helps make all of this happen, the Defense Security Cooperation Agency, is funded from a 3.5 percent surcharge on the deals it negotiates. This gives it all the more incentive to sell, sell, sell.

And the pressure for yet more of the same is always intense, in part because the weapons makers are careful to spread their production facilities to as many states and localities as possible. In this way, they ensure that endless support for government promotion of major arms sales becomes part and parcel of domestic politics.

General Dynamics, for instance, has managed to keep its tank plants in Ohio and Michigan running through a combination of add-ons to the Army budget—funds inserted into that budget by Congress even though the Pentagon didn’t request them—and exports to Saudi Arabia. Boeing is banking on a proposed deal to sell 40 F-18s to Kuwait to keep its St. Louis production line open, and is currently jousting with the Obama administration to get it to move more quickly on the deal. Not surprisingly, members of Congress and local business leaders in such states become strong supporters of weapons exports.

Though seldom thought of this way, the US political system is also a global arms distribution system of the first order. In this context, the Obama administration has proven itself a good friend to arms exporting firms. During President Obama’s first six years in office, Washington entered into agreements to sell more than $190 billion in weaponry worldwide—more, that is, than any US administration since World War II. In addition, Team Obama has loosened restrictions on arms exports, making it possible to send abroad a whole new range of weapons and weapons components—including Black Hawk and Huey helicopters and engines for C-17 transport planes—with far less scrutiny than was previously required.

This has been good news for the industry, which had been pressing for such changes for decades with little success. But the weaker regulations also make it potentially easier for arms smugglers and human rights abusers to get their hands on US arms. For example, 36 US allies—from Argentina and Bulgaria to Romania and Turkey—will no longer need licenses from the State Department to import weapons and weapons parts from the United States. This will make it far easier for smuggling networks to set up front companies in such countries and get US arms and arms components that they can then pass on to third parties like Iran or China. Already a common practice, it will only increase under the new regulations.

The degree to which the Obama administration has been willing to bend over backward to help weapons exporters was underscored at a 2013 hearing on those administration export “reforms.” Tom Kelly, then the deputy assistant secretary of the State Department’s Bureau of Political-Military Affairs, caught the spirit of the era when asked whether the administration was doing enough to promote American arms exports. He responded:

“We are advocating on behalf of our companies and doing everything we can to make sure that these sales go through…and that is something we are doing every day, basically on every continent in the world…and we’re constantly thinking of how we can do better.”

One place where, with a helping hand from the Obama administration and the Pentagon, the arms industry has been doing a lot better of late is the Middle East. Washington has brokered deals for more than $50 billion in weapons sales to Saudi Arabia alone for everything from F-15 fighter aircraft and Apache attack helicopters to combat ships and missile defense systems.

The most damaging deals, if not the most lucrative, have been the sales of bombs and missiles to the Saudis for their brutal war in Yemen, where thousands of civilians have been killed and millions of people are going hungry. Members of Congress like Michigan Representative John Conyers and Connecticut Senator Chris Murphy have pressed for legislation that would at least stem the flow of the most deadly of the weaponry being sent for use there, but they have yet to overcome the considerable clout of the Saudis in Washington (and, of course, that of the arms industry as well).

When it comes to the arms business, however, there’s no end to the good news from the Middle East. Take the administration’s proposed new 10-year aid deal with Israel. If enacted as currently planned, it would boost US military assistance to that country by up to 25 percent—to roughly $4 billion per year. At the same time, it would phase out a provision that had allowed Israel to spend one-quarter of Washington’s aid developing its own defense industry. In other words, all that money, the full $4 billion in taxpayer dollars, will now flow directly into the coffers of companies like Lockheed Martin, which is in the midst of completing a multibillion-dollar deal to sell the Israelis F-35s.

As Lockheed Martin’s Marillyn Hewson noted, however, the Middle East is hardly the only growth area for that firm or others like it. The dispute between China and its neighbors over the control of the South China Sea (in many ways an incipient conflict over whether that country or the United States will control that part of the Pacific Ocean) has opened up new vistas when it comes to the sale of American warships and other military equipment to Washington’s East Asian allies. The recent Hague court decision rejecting Chinese claims to those waters (and the Chinese rejection of it) is only likely to increase the pace of arms buying in the region.

At the same time, in the good-news-never-ends department, growing fears of North Korea’s nuclear program have stoked a demand for US-supplied missile defense systems. The South Koreans have, in fact, just agreed to deploy Lockheed Martin’s THAAD anti-missile system. In addition, the Obama administration’s decision to end the longstanding embargo on US arms sales to Vietnam is likely to open yet another significant market for US firms. In the past two years alone, the US has offered more than $15 billion worth of weaponry to allies in East Asia, with Taiwan, Japan, and South Korea accounting for the bulk of the sales.

In addition, the Obama administration has gone to great lengths to build a defense relationship with India, a development guaranteed to benefit US arms exporters. Last year, Washington and New Delhi signed a 10-year defense agreement that included pledges of future joint work on aircraft engines and aircraft carrier designs. In these years, the US has made significant inroads into the Indian arms market, which had traditionally been dominated by the Soviet Union and then Russia. Recent deals include a $5.8 billion sale of Boeing C-17 transport aircraft and a $1.4 billion agreement to provide support services related to a planned purchase of Apache attack helicopters.

And don’t forget “volatile” Europe. Great Britain’s recent Brexit vote introduced an uncertainty factor into American arms exports to that country. The United Kingdom has been by far the biggest purchaser of US weapons in Europe of late, with more than $6 billion in deals struck over the past two years alone—more, that is, than the US has sold to all other European countries combined.

The British defense behemoth BAE is Lockheed Martin’s principal foreign partner on the F-35 combat aircraft, which at a projected cost of $1.4 trillion over its lifetime already qualifies as the most expensive weapons program in history. If Brexit-driven austerity were to lead to a delay in, or the cancellation of, the F-35 deal (or any other major weapons shipments), it would be a blow to American arms makers. But count on one thing: Were there to be even a hint that this might happen to the F-35, lobbyists for BAE will mobilize to get the deal privileged status, whatever other budget cuts may be in the works.

On the bright side (if you happen to be a weapons maker), any British reductions will certainly be more than offset by opportunities in Eastern and Central Europe, where a new Cold War seems to be gaining traction. Between 2014 and 2015, according to the Stockholm International Peace Research Institute, military spending increased by 13 percent in the region in response to the Russian intervention in Ukraine. The rise in Poland’s outlays, at 22 percent, was particularly steep.

Under the circumstances, it should be obvious that trends in the global arms trade are a major news story and should be dealt with as such in the country most responsible for putting more weapons of a more powerful nature into the hands of those living in “volatile” regions. It’s a monster business (in every sense of the word) and certainly has far more dangerous consequences than licensing a Hollywood blockbuster or selling another Boeing airliner.

Historically, there have been rare occasions of public protest against unbridled arms trafficking, as with the backlash against “the merchants of death” after World War I, or the controversy over who armed Saddam Hussein that followed the 1991 Persian Gulf War. Even now, small numbers of congressional representatives, including John Conyers, Chris Murphy, and Kentucky Senator Rand Paul, continue to try to halt the sale of cluster munitions, bombs, and missiles to Saudi Arabia.

There is, however, unlikely to be a genuine public debate about the value of the arms business and Washington’s place in it if it isn’t even considered a subject worthy of more than an occasional media story. In the meantime, the United States continues to hold onto its No. 1 role in the global arms trade, the White House does its part, the Pentagon greases the wheels, and the dollars roll in to profit-hungry weapons contractors.

William D. Hartung, a TomDispatch regular, is the director of the Arms and Security Project at the Center for International Policy and a senior advisor to the Security Assistance Monitor. He is the author of Prophets of War: Lockheed Martin and the Making of the Military-Industrial Complex. To receive the latest from TomDispatch.com, sign up here.

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The US Government Is Literally Arming the World, and Nobody’s Even Talking About It

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Anti-LGBT Bathroom Law Just Cost North Carolina the All-Star Game

Mother Jones

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The National Basketball Association is officially pulling the plug on North Carolina as the site of its annual All-Star game. The move, an economic blow for the city of Charlotte, comes nearly four months after Gov. Pat McCroy signed into law a sweeping bill (HB2) that struck down workplace discrimination protections for LGBT employees and forced transgender people to use public restrooms that match their biological sex.

Back in April, NBA commissioner Adam Silver warned that the league might take the All-Star weekend away from Charlotte if the state kept its discriminatory legislation intact. “While we recognize that the NBA cannot choose the law in every city, state, and country in which we do business, we do not believe we can successfully host our All-Star festivities in Charlotte in the climate created by HB2,” the NBA said in a statement Thursday. The league plans to reconsider Charlotte as a site in 2019 “provided there is an appropriate resolution to this matter.”

Gov. McCroy promptly shot back, noting that the “sports and entertainment elite, Attorney General Roy Cooper and the liberal media” have misrepresented the law’s intention. “American families should be on notice that the selective corporate elite are imposing their political will on communities in which they do business, thus bypassing the democratic and legal process,” he said in a statement.

The league’s decision adds to the mounting pressure on state leaders from businesses, athletes and entertainers, advocacy groups, and politicians to make amends. In response, North Carolina lawmakers drafted legislation in late June that would roll back the portions of HB2 that required “certificates of sex reassignment” before a trans person could use the desired bathroom. The amendments also added language about federal protections, restored the ability of LGBT people to sue for employment discrimination, and increased penalties for people convicted of certain crimes against others in bathrooms. But the ACLU and others spurned the attempts, calling instead for a full repeal.

As Deadspin points out, this isn’t the first time criticism from professional sports leagues have prompted changes to anti-LGBT laws. Two years ago, after Arizona lawmakers passed a law that let businesses turn away gay, lesbian, and transgender customers as an expression of the business owner’s religious beliefs, NFL officials considered relocating the Super Bowl from Arizona to Tampa. (Arizona Gov. Jan Brewer vetoed the measure.)

The NFL also suggested that Atlanta’s bid to host the Super Bowl in 2019 was at risk over Georgia’s similar “religious freedom” law—Gov. Nathan Deal eventually vetoed the bill. Last April, amid condemnation from NASCAR , the NCAA, and the NBA Indiana governor and VP hopeful Mike Pence modified a similar “religious freedom” law—and took a lot of heat from fellow conservatives as a result.

Read the NBA’s full announcement here:

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Anti-LGBT Bathroom Law Just Cost North Carolina the All-Star Game

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Four Ways Research Has Reframed the Abortion Debate

Mother Jones

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There has been little or no publicly funded research on abortion in the United States, so for years basic information about abortion was lacking—from how often patients have complications to what happens to women who want the procedure but can’t obtain it. Many of the new abortion restrictions were justified by assertions that often had no scientific basis—for example that clinics were teeming with incompetent and unscrupulous doctors, that abandoned patients were flooding emergency rooms, or that the psychological damage caused by grief and regret after abortions often persist for years and ruin women’s lives. The research initiative became more urgent after the high court held in 2007 that in cases of “medical and scientific uncertainty,” legislatures could have “wide discretion” to pass laws restricting abortion. Since then, a primary objective of abortion rights supporters has been to establish a high level of medical certainty—both about the safety of the procedure and about what happens when a woman’s reproductive options are drastically curtailed or eliminated. Over the last 15 years, a number of academic institutions and private organizations have received funding for abortion research, and here are four areas where their work has changed the conversation:

Mental health

Since the 1990s, abortion opponents have worked to advance the idea that abortion causes long-lasting psychological damage based on a combination of personal stories and (widely disputed) statistical analyses showing a correlation between abortion and mental health problems. “Emotional harm” has been cited by legislators in passing parental consent, mandatory ultrasound viewing, and waiting-period laws.

In 2008, Diana Greene Foster, a demographer and associate professor at the University of California-San Francisco, launched the Turnaway Study to examine what happens, emotionally and economically, to women who have had abortions and also to those who wanted abortions but couldn’t have them. Nearly 1,000 women seeking abortions in their first and second trimesters were recruited from 30 facilities in 21 states. About a quarter had been turned away because they just missed their clinic’s gestational limit (10 to 24 weeks). Researchers followed up every six months for five years. The key findings: Most women had abortions because they didn’t think they could afford another child, and they often turned out to be right. Of those who did have the procedure, 95 percent said it was the right decision, and their feelings—positive or negative—faded over time. Having an abortion did not lead to depression, PTSD, or other mental health problems, the project found. But being denied an abortion did seem to keep women tethered to abusive partners.

Complications

In justifying Targeted Regulation of Abortion Provider laws, or TRAP laws, abortion opponents have often argued that complication rates are high—up to 10 percent—and that clinics and doctors need to be held to especially rigorous standards. Two large-scale studies from California, though, appear to counter those claims.

One study looked at whether abortions could be performed safely by health care professionals without medical degrees. Nurse practitioners, certified midwives, and physician assistants received training, then were allowed to do first-trimester vacuum-aspiration abortions at 22 sites. After monitoring more than 11,000 procedures over four years, the researchers found little difference in the rate of complications between doctors and non-doctors, which was low for both groups—0.9 percent for physicians and 1.8 percent for non-physicians. In 2013, California legislators voted to let non-doctors perform the procedure.

In a more recent study, UCSF researchers analyzed billing data for 55,000 abortions and follow-up care covered by California’s Medicaid program, known as Medi-Cal. (California is one of 17 states that covers abortion and aftercare for Medicaid recipients.) The data showed that 6.4 percent of women who had abortions visited an emergency room within the following six weeks, but fewer than 1 percent of those visits were related to the abortion. Major complications, defined as hospitalizations, surgeries, and transfusions, occurred in fewer than one-quarter of 1 percent of all abortions.

Medication abortion

Abortion foes have watched with alarm as medication abortions have risen to nearly a quarter of all pregnancy terminations in the United States. Lawmakers have advanced measures that clamp down on how clinics prescribe the drugs and counsel patients.

One type of law has required doctors to follow outdated FDA guidelines from the 1990s for the abortion drugs mifepristone and misoprostol. Much research—some produced by the nonprofit Gynuity Health Projects, which is funded by the Susan Thompson Buffett Foundation—has shown that the drugs should be taken in lower doses and could be used later in the first trimester than those guidelines indicated. Over conservatives’ vociferous objections, the FDA revised the label in March.

Meanwhile, after Planned Parenthood in Iowa began using videoconferencing to counsel rural patients on how to use abortion drugs, the state tried to prohibit the practice. In June 2015, the Iowa Supreme Court rejected that ban. A key piece of evidence was a study of 450 Iowa women by the Buffett-funded Ibis Reproductive Health that found no statistical difference in complication rates for telemed patients versus women who met with doctors in person.

Other abortion restrictions

Beyond TRAP laws, researchers are studying the effect on women that other types of state laws that restrict abortion are having.

Many of these efforts are ongoing, but a new study of Utah’s 72-hour waiting-period law, which legislators said would give abortion seekers a chance to change their minds, found that it increased costs and logistical hassles but did not persuade most women. Of 300 patients surveyed, only 8 percent decided not to terminate their pregnancies, and most had been leaning in that direction anyway. Meanwhile, the average amount of time the surveyed women had to wait to have abortions wasn’t 72 hours, but eight days.

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Four Ways Research Has Reframed the Abortion Debate

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One Megadonor Is Crippling the Pro-Life Movement—and No One Knows Who It Is

Mother Jones

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Back in January, as the Supreme Court was preparing for its most important abortion case in a generation, some four dozen social scientists submitted a brief explaining why they believed key portions of Texas law HB 2 should be struck down. The brief was a 58-page compendium of research on everything from the relative dangers of abortion versus childbirth to the correlation between abortion barriers and postpartum depression. “In this politically challenged area, it is particularly important that assertions about health and safety are evaluated using reliable scientific evidence,” the researchers declared.

Six months later, the material they submitted clearly helped shape Justice Stephen Breyer’s majority opinion in Whole Women’s Health v Hellerstedt, which found critical elements of HB 2 unconstitutional. This decision also handed a resounding though less noticed victory to private donors who’ve spent more than a decade quietly pouring at least $200 million dollars into the scientists’ work, creating an influential abortion-research complex that has left abortion opponents in the dust.

The research initiative dates back at least to the early 2000s and became more urgent after the high court held in 2007 that in cases of “medical and scientific uncertainty,” legislatures could have “wide discretion” to pass laws restricting abortion. Since then, a primary objective of abortion rights supporters has been to establish a high level of medical certainty—both about the safety of the procedure and about what happens when a woman’s reproductive options are drastically curtailed or eliminated.

There’s little or no publicly funded research on this controversial subject in the United States, so for years basic information was lacking—from how often patients have complications to what happens to women who want abortions but can’t obtain them.

Into this breach stepped the Susan Thompson Buffett Foundation, named for the late wife of one of the richest men in the world. Established in the 1960s, the philanthropic behemoth (which ranked fourth among family foundations in 2014 in terms of giving) is known for its focus on abortion access, training, and, more recently, prevention. It’s also known for its secrecy, often appearing under grant acknowledgements only as “an anonymous donor.”

The Buffett Foundation helped finance the development of the abortion drug RU-486 back in the 1990s. From 2001 to 2014, it contributed more than $1.5 billion to abortion causes—including at least $427 million to Planned Parenthood worldwide, $168 million to the National Abortion Federation—a track record that led one abortion foe to call Warren Buffett the “sugar daddy of the entire pro-abortion movement.” In the past 15 years, it has also made research a core part of its strategic efforts, funding such organizations as the Guttmacher Institute, a policy think tank and advocacy group that tracks demographic and legislative trends ($40 million), and Gynuity Health Projects, which focuses on medication abortion ($29 million) and work by academics abroad. Other foundations supporting research on a smaller scale have included the William and Flora Hewlett Foundation, the David and Lucile Packard Foundation, the John Merck Fund, and the Educational Foundation of America. (Hewlett is also a funder of ProPublica.)

Buffett’s main academic partner (receiving at least $88 million from 2001 to 2014) has been the University of California-San Francisco, a medical research institution with a strong reproductive health infrastructure. (Abortion opponents’ perspective is a bit different: “America’s abortion training academy,” one National Right to Life official recently called it). Historically, “it’s very unusual for foundations to fund research,” Tracy Weitz, former director of the UCSF’s Advancing New Standards in Reproductive Health project (ANSIRH, pronounced “answer’), told ProPublica in 2013. But over the last 10 or 12 years, “there’s been recognition in the philanthropic community that in order to make progress, either culturally or politically or in the service-delivery arena, there are research questions that we need to answer.”

Located in the state with the strongest record on reproductive rights, UCSF has been able to do pioneering studies without the kind of political interference that might be expected elsewhere. Indeed, California lawmakers have granted special protections for people who work in the reproductive health field, while state health agencies worked behind the scenes to facilitate a potentially controversial project that involved training non-doctors to perform abortions (see sidebar). The ANSIRH program was established in 2002 as part of UCSF’s Bixby Center for Global Reproductive Health and lists more than two dozen separate abortion-related initiatives on its website on everything from mandatory ultrasound-viewing laws to abortion in movies and TV to reproductive health access for women in the military. The funder and recipient have been closely intertwined; Weitz left UCSF to become the Buffett Foundation’s director of US programs in 2014.

Well before the Texas case, foundation-backed researchers had already begun to churn out studies aimed at debunking some of the most common justifications for new abortion restrictions: that clinics were teeming with incompetent and unscrupulous doctors; that injured, abandoned patients were flooding emergency rooms; that the psychological damage caused by grief and regret after abortions often persists for years and ruins women’s lives.

Over the past three years, their findings have influenced a string of policy changes—prompting the Food and Drug Administration to revise its labeling guidelines for abortion drugs, persuading the Iowa Supreme Court to uphold a telemedicine program for medication abortion, and convincing the California Legislature to allow health care professionals besides doctors to perform first-trimester abortions.

Read about the four ways that research changed the abortion debate. Looker_Studio/Shutterstock

The proliferation of so-called Targeted Regulation of Abortion Provider laws, or TRAP laws, like HB2—which purport to protect women’s safety and health by imposing tough rules on clinics and doctors—provided the research effort with its greatest test, yet also an opportunity to put its findings to potent effect.

Buffett Foundation money underwrote the Texas Policy Evaluation Project, the small band of demographers, doctors, and public health specialists based at the University of Texas-Austin who came together in 2011, when lawmakers slashed family-planning funding, kicked Planned Parenthood out of the Medicaid women’s health program, and required sonograms 24 hours before an abortion. “We realized that this was going to have devastating impact on the reproductive health and safety network in the state,” said Daniel Grossman, an investigator for the project who also teaches at UCSF and replaced Weitz as ANSIRH’s director last year.

Then, in 2013, the legislature passed HB 2, an omnibus bill that required abortion clinics to upgrade their facilities to surgical-center standards, mandated doctors to have admitting privileges at local hospitals, imposed new restrictions on medication abortion, and banned abortion after 20 weeks. The TRAP provisions shuttered almost half of the state’s 41 clinics practically overnight, with stark consequences, the project found. The abortion rate dropped by 13 percent and medication abortions by 70 percent. Travel distances and costs soared and wait times sometimes stretched for weeks, leading to a 27 percent increase in more dangerous (and more expensive) second-trimester procedures. Some women considered self-inducing. Some unhappily carried their pregnancies to term. Meanwhile, part of HB 2 was on hold pending the Supreme Court ruling; if it went into effect, another 8 to 10 clinics would shut and the few clinics that remained would be inundated. “They didn’t really seem to have the capacity to increase their services,” Grossman said. “It was really concerning.”

The 5-to-3 majority ruling in Hellerstedt read like a 38-page recitation of the researchers’ findings, declaring the Texas laws served no real medical purpose and created an undue burden on women’s constitutional rights. Within days, TRAP laws also toppled in Mississippi, Wisconsin, and Alabama, and abortion rights groups announced plans to challenge other types of laws—for example, 72-hour waiting periods and bans on abortions after 20 weeks. “Abortion restrictions cannot rely on junk science,” said Stephanie Toti, an attorney with the Center for Reproductive Rights (which has received more than $20 million in Buffett funding since 2001). “There has to be credible scientific evidence to support the law, and there has to be a determination that the benefits of the law outweigh the harm.”

Some abortion opponents have been quick to argue that the research is not credible, in some cases because the people who do it are biased. Justice Samuel Alito insisted the Texas Policy Evaluation Project’s analysis of clinic closures and capacity was unconvincing. “Research is fine when it illuminates an issue,” Randall O’Bannon, education and research director for National Right to Life, told a reporter for his organization’s news site. But the findings were “crafted to protect the interests of the abortion industry with scant attention to the legitimate health and safety issues of Texas women, let alone unborn babies.”

The anti-abortion movement has recently attempted to launch its own research initiative. The Charlotte Lozier Institute was established in 2011 as a policy think tank alternative to Guttmacher. The American Association of Pro-Life Obstetricians and Gynecologists holds annual conferences at which researchers who oppose abortion discuss research they’ve done on links between abortion and breast cancer, depression, and drug abuse, in addition to holding workshops on how to serve as expert witnesses. But those operations are minuscule compared with those of Buffett and ANSIRH. “The pro-choice research seems to have almost unlimited funds,” Bowling Green State University’s Priscilla Coleman lamented at this winter’s AAPLOG conference. So far, researchers funded by abortion opponents lack the infrastructure to conduct the kind of data collection and analysis that academic institutions have done. “Picking the right groups to compare, following them for a long period of time, so that you can really see what the outcomes are— it’s long and it’s hard and it’s costly,” UCSF’s Rana Barar said.

Abortion opponents have often seen data and scientific evidence as almost beside the point, acknowledged Lozier’s president, Chuck Donovan. “For most people on the pro-life side of the debate, abortion is primarily an ethical, moral, for some a religious challenge.” As a result, “a statistical base, an analytical base has gone a little bit undernourished.” Individual researchers have been stymied by mainstream medical hostility, Steven Aden, senior counsel at the conservative legal powerhouse Alliance Defending Freedom, said this spring. “It is extraordinarily difficult to get even a solid study peer-reviewed and published.” And when it does happen, “because the politics are against them, they are subjected to a beat-down campaign, sometimes even when what they’re arguing is fairly straightforward.” Often the best those efforts could hope to achieve was to “generate uncertainty,” as Mary Ziegler, a law professor at Florida State University and author of After Roe: The Lost History of the Abortion Debate, put it. Before Hellerstedt, that was often seen as enough: “The idea was if there’s uncertainty, the tie-breaker goes to the lawmakers,” Ziegler said.

Even before the Texas decision, abortion foes had begun to shift away from women’s health and safety, instead expanding restrictions (such as longer mandatory waiting periods and tougher parental consent laws) and renewing the focus on protecting fetuses: “The science of fetal development is a burgeoning area,” Aden said.

Researchers funded by the Buffett Foundation and others, meanwhile, have mounted projects that look at the impact of abortion restrictions in Georgia, Utah, Ohio, and Tennessee.

“The role of research and the nature of relevant research will be different in different contexts,” CRR’s Toti said. “But what the court made clear is that abortion restrictions are going to be evaluated on an evidence-based standard. States can no longer rely on speculation about the potential benefits of a law.” The question now, she said, is “what actual benefit does a regulation provide and how does that compare with the extent of the burden the law is going to impose on women.”

ProPublica’s Sarah Smith contributed research help.

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One Megadonor Is Crippling the Pro-Life Movement—and No One Knows Who It Is

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