Tag Archives: reproductive rights

20-Week Abortion Bans Are Mostly a Charade

by juan59nylon Posted on July 30, 2013

Mother Jones

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Most of you probably know this already, but it’s worth a reminder. All those red states that are passing anti-abortion laws usually emphasize the provision that bans abortions after 20 weeks. That tends to poll pretty well. But it’s mostly a charade:

While all the attention is going to the 20-week bans, they’re not the point, not by a long shot….The 20-week bans are just the most high-profile component of larger pieces of legislation whose goal is to make it impossible for women to get abortions at all, no matter what the stage of their pregnancies. The bills are inevitably crafted with provisions that will shut down as many abortion clinics as possible. Abortion clinics often require doctors from out of state to travel to the clinic, because of the harassment, threats, and even assassinations that local doctors have been subject to? Then we’ll require that every doctor have admitting privileges at a hospital within a certain number of miles, which out-of-state doctors won’t have. And we’ll throw in some rules on how wide your hallways need to be (not kidding), meaning in order to stay open you’d have to do hundreds of thousands of dollars of remodeling. Failing that, we’ll make sure that women who need abortions will have to suffer as much inconvenience, expense, and humiliation as possible.

It’s these provisions, much more than the 20-week bans, that will make the largest difference for women in these states. Depending on what state they’re in, they’ll have to travel far—in some cases hundreds of miles—pay for hotels because of waiting periods, get lectures from doctors required to lie to their patients about things like a fictional link between abortion and breast cancer, and submit to forced and medically unnecessary procedures. These kinds of provisions aren’t new, but this latest wave is occurring under the rubric of 20-week bans that are much more likely to be met with public approval, or at least the indifference most state legislation receives. Opponents of abortion rights are hoping they can get a case to the Supreme Court that will result in Roe v. Wade being overturned, but even if that doesn’t happen, they can still succeed in making abortion virtually illegal in states where they have control. And they’ve made lots of progress already.

Like I said, you probably already knew this. But it can’t hurt to hear it again. More here.

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20-Week Abortion Bans Are Mostly a Charade

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Judge Says North Dakota’s Abortion Ban Is "Clearly Unconstitutional"

by Hedrick Lepsch Posted on July 22, 2013

Mother Jones

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A judge has blocked the country’s most restrictive abortion law from taking effect in North Dakota. The law, passed in March, would ban abortion at the point when a fetal heartbeat can be detected—which can be as early as six weeks into a pregnancy. The law is what earned North Dakota the championship in our Anti-Choice March Madness tournament earlier this year.

In his decision, US District Judge Daniel L. Hovland said the law would not pass constitutional muster:

The State has extended an invitation to an expensive court battle over a law restricting abortions that is a blatant violation of the constitutional guarantees afforded to all women. The United States Supreme Court has unequivocally said that no state may deprive a woman of the choice to terminate her pregnancy at a point prior to viability. North Dakota House Bill 1456 is clearly unconstitutional under an unbroken stream of United States Supreme Court authority.

There is only one abortion clinic in North Dakota, the Red River Women’s Clinic in Fargo, and it has to fly doctors in from out of state to provide the procedure. Hovland’s ruling notes that the law would basically make it impossible to get an abortion in North Dakota:

Typically only women who have regular menstrual periods, keep close track of them, and take a pregnancy test promptly after a missed period at four weeks LMP, will know they are pregnant by six weeks. Because the Clinic only performs abortions one day per week, and cannot safely perform abortions before five weeks of her last menstrual period, the law will effectively limit a woman’s ability to obtain an abortion to a single day during the pregnancy’s fifth week.

North Dakota’s law is the most strict in the country so far, but last week Texas lawmakers introduced a bill that would also outlaw abortion once a fetal heartbeat can be detected. Today’s ruling in North Dakota is a preliminary injunction that stops the law from going into effect until the full case can be heard.

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Judge Says North Dakota’s Abortion Ban Is "Clearly Unconstitutional"

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The Supreme Court’s Next Big Abortion Decision

by daniel13stoko Posted on July 19, 2013

Mother Jones

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Roe v. Wade, watch out. The Supreme Court will venture into the abortion debate later this year when it considers the constitutionality of an Oklahoma law restricting the use of oral medications for abortions. The case could have major implications for the 16 states that have passed laws limiting the use of drugs that induce abortions.

Oklahoma’s governor signed the state’s medicine abortion law in May 2011, putting in place new restrictions on the use of RU-486 (also known as mifepristone or Mifeprex) and any other “abortion-inducing drug.” The law mandates that doctors follow the exact protocols for the drugs that are described on the Food and Drug Administration-approved label. Off-label use of drugs is legal and fairly common, and in the years since the drug was first approved for use in 2000, doctors have found that RU-486 and other drugs can be effective at lower doses and can be done with fewer visits to the doctor’s office than outlined on the FDA label. Doctors have also found that RU-486 is effective up to nine weeks into a pregnancy, not the seven weeks for which it was originally approved. Oklahoma’s law bans doctors from using that new knowledge to help their patients.

After Oklahoma’s governor signed the law, the Oklahoma Coalition for Reproductive Justice and the Center for Reproductive Rights sued—and won. A trial judge struck down the law in May 2012. When Oklahoma appealed to the state Supreme Court, it lost again. The state then appealed to the US Supreme Court, which indicated in June that it would consider the case. Reproductive rights groups say Oklahoma’s law—and similar ones in other states—are a transparent attempt to limit access to medication abortions. The groups argue that the new laws would make medicine-induced abortions virtually inaccessible, since the drugs are so frequently used off-label. “What this law will do is deny women the benefits of nonsurgical options for terminating a pregnancy,” says Julie Rikelman, the director of litigation at the Center for Reproductive Rights. “We think it’s an extreme law.”

In ruling that the law was unconstitutional, the trial court judge stated that it was “so completely at odds with the standard that governs the practice of medicine that it can serve no purpose other than to prevent women from obtaining abortions and to punish and discriminate against those women who do.” Now reproductive rights groups are hoping the Supreme Court will agree with the lower court’s ruling. There’s a problem, though: Most reproductive rights advocates believed that the justices would not take up the Oklahoma case at all, since the state Supreme Court had already agreed with the lower court.

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The Supreme Court’s Next Big Abortion Decision

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The 10 Most Absurd Things Texas Republicans Said About Abortion This Year

by epxxatlw Posted on July 2, 2013

Mother Jones

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On Monday, the Texas legislature reconvened for a special session for the purposes of passing a strict anti-abortion law that would shut all but five clinics in the state and ban abortions after 20 weeks. Democrats successfully ran out the clock on the legislation in late June, an effort that was capped by state Sen. Wendy Davis’ 11-hour filibuster, but this time around the bill will almost certainly pass. (Move to Texas!) Debate on the bill begins Tuesday, and it’s likely to feature no shortage of overheated statements about Davis, her supporters, and abortion rights. If the last two months of rhetoric from GOP lawmakers and activists is any indication, we just have one bit of advice: don’t make “Holocaust” your drinking word. Here’s just a small sampling of some of the eyebrow-raising remarks thrown around during the last round of legislative debate:

State Sen. Dan Patrick (R): Defending his party’s chaotic effort to force through a vote as the session was ending, the founder of the state’s tea party caucus told former Arkansas Gov. Mike Huckabee on his radio show that lawmakers had an obligation to ignore proper senate rules and procedure if it meant saving fetuses: “I spoke to my colleagues and said, when Jesus criticized the Pharisees, he criticized them because their laws and their rules were more important than actually taking care of people. And in my view, stopping a debate to save thousands of lives, well, saving the thousands of lives is more important than our tradition of, well, you should never stop someone.”

State Rep. Bill Zedler (R): On Twitter, referring to reproductive rights activists: “We had terrorists in the Texas State Senate opposing SB 5.”

Gov. Rick Perry: Speaking to a national right-to-life conference on Friday, Perry lamented that Davis, who was raised by a single mother and had her first child at 19, hadn’t drawn the proper lessons from her own life: “It is just unfortunate that she hasn’t learned from her own example that every life must be given a chance to realize its full potential and that every life matters.”

Lt. Gov. David Dewhurst: After initially telling reporters the bill had passed, Dewhurst later offered up an excuse for why it had failed: “An unruly mob, using Occupy Wall Street tactics, disrupted the Senate from protecting unborn babies.” Following that, he threatened to arrest reporters for interfering with the Democratic process: “If I find, as I’ve been told, examples of the media waving and trying to inflame the crowd, incite them in the direction of a riot, I’m going to take action against them. We have reports that members of the media on the floor, on the floor of the Senate, were looking up at the people in the gallery, waving their hands, trying to motivate them to yell more. If I find examples of that, proof certain on our video. I’m going to address this firmly.”

State Rep. Jodie Laubenberg (R): Laubenberg, the bill’s sponsor, suggested during the floor debate that there was no need to include an exception for victims of rape, because rape kits are themselves a form of abortion: “In the emergency room they have what’s called rape kits, where a woman can get cleaned out. The woman had five months to make that decision, at this point we are looking at a baby that is very far along in its development.”

State Rep. Jonathan Strickland (R): On June 23, as reproductive rights activists were protesting in the capitol, he tweeted:

State Rep. Wayne Christian (R): Stating the obvious in an interview with the Texas Tribune this spring: “Of course it’s a war on birth control, abortion, everything—that’s what family planning is supposed to be about.”

State Rep. Debbie Riddle (R): Posted, and then deleted, this Facebook note: “This is a tough fight – the Gallery is full of orange shirts – very few blue – orange are the ones I call Pro-death. I am Pro-life – so they must be Pro-death. A human is a human prior to birth just as it is human after it is born. We have killed 50 million babies after Roe v Wade. Hitler killed 6 million people.” So at least she’s not a Holocaust denier.

Cathie Adams, Texas Eagle forum president: Continuing with the Hitler theme, Adams took to Twitter to vent about “feminazis” and “Stinky stalking feminists” swarming the capitol.

Donny Ferguson, aide to US Rep. Steve Stockman (R-Texas): “Wendy Davis’s pink shoes offer good protection from biohazards and contaminated sharps found in the unregulated abortion shops she defends.”

And here’s one bonus from the last time Texas lawmakers took on abortion access, chronicled by Texas Monthly‘s Mimi Swartz:

State Rep. Sid Miller (R): Responding to a question from a female lawmaker as to what his 2011 sonogram bill would actually entail: “Actually, I have never had a sonogram done on me, so I’m not familiar with the exact procedure—on the medical procedure, how that proceeds.” Details!

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The 10 Most Absurd Things Texas Republicans Said About Abortion This Year

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Ohio Joins The War on Women, Redefines Pregnancy

by nortom23 Posted on July 1, 2013

Mother Jones

In the race to cut off women’s access to reproductive health services, Ohio appears to be pulling even with Texas. In the Lone Star State, Gov. Rick Perry is calling a special session to pass the antiabortion bill that was dramatically filibustered by state Sen. Wendy Davis. Not to be outdone, Ohio’s Republican Gov. John Kasich on Sunday night signed a new, $62 million state budget that includes some of the most severe abortion restrictions in the country.

Kasich’s budget, as the Toledo Blade reports, prohibits publicly funded hospitals from entering into so-called emergency care transfer agreements with nearly abortion clinics. Clinics need such agreements to care for patients with complications, and of the 12 clinics that provide abortions in Ohio, many may be forced to shut down as a result.

Another provision in Kasich’s budget requires that doctors who provide abortions perform a fetal ultrasound and require the mother to listen to or see the heartbeat. Doctors who fail to do so could be prosecuted. The budget redefines a fetus as “developing from the moment of conception” rather than when a fertilized egg implants in the uterus. (Most fertilized eggs leave the body before implanting, meaning many women who were not actually pregnant would now be considered to be have been carrying a “fetus” in Ohio.)

Kasich’s budget also sends Planned Parenthood to the end of the line to receive state funding for family planning services, effectively removing $1.4 million in funding. So-called crisis pregnancy centers, which do not provide abortions and have been criticized for providing inaccurate information, will now get state funding.

This isn’t a complete surprise, as Kasich has always been a pro-life Republican. Yet a more complex political calculus is at play too: For months the governor has been advocated accepting Obamacare money to expand Medicaid in Ohio, and conservatives have savaged him for it. In the new budget, he line-item vetoed a provision that sought to block him from adding people to the Medicaid rolls. By allowing the antiabortion provisions, Kasich avoided yet another brawl with tea partiers.

Kasich is up for reelection in 2014, when he’ll face Democrat Ed FitzGerald. By signing the new abortion restrictions into law, Kasich can expect to be, along with Perry, a top target of the “war on women” fury that was so effective in helping Democrats in 2012.

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Ohio Joins The War on Women, Redefines Pregnancy

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Rick Perry’s 3 Dumbest Comments on Teen Pregnancy

by nowabazaBS1 Posted on June 27, 2013

Mother Jones

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Texas Gov. Rick Perry isn’t happy about Democratic state Sen. Wendy Davis’ 11-hour (11th hour) filibuster of a strict anti-abortion bill that would ban pregnancies after 20 weeks and close all but five abortion providers in the nation’s second-largest state. On Wednesday, he announced plans to convene a special session of the Legislature next month so Republicans can reintroduce the legislation. On Thursday, he took a more personal shot at Davis. Referring to the fact that Davis was herself a teen mom (she had her first child at 19, before going on to Texas Christian University and Harvard Law), Perry mused: “It is just unfortunate that she hasn’t learned from her own example that every life must be given a chance to realize its full potential and that every life matters.”

This isn’t the first time Perry has wandered into uncomfortable territory when talking about teen pregnancy, though. He sort of has a knack for it.

In February, he blamed rising teen pregnancy rates on the fact that America had strayed from the core values exemplified by the Boy Scouts—something he feared would be exacerbated if the organization drifted from its morals and embraced openly gay members. The Boy Scouts advocate abstinence before marriage. Then again, so does the state of Texas—and all it has to show for it is the third-highest teen pregnancy rate in the nation.

Speaking of that, in a 2011 interview that went viral during his presidential campaign, Perry was asked by Texas Tribune editor Evan Smith to explain the disconnect between Texas’ high teen pregnancy rate and its policy of abstinence-only sex education. “Abstinence works,” Perry said, to laughter from the audience. He continued:

It works. Maybe it’s the way that it’s being taught or the way that it’s being applied out there, but the fact of the matter is it is the best form to teach our children. I’m gonna tell you from my own personal life abstinence works. And the point is if we’re not teaching it and we’re not impressing it on them, no, but if the point is we’re gonna go stand up here and say, “Listen, y’all go have sex and go have whatever is going on and we’ll worry about that and here’s the ways to have safe sex,” I’m sorry, call me old-fashioned if you want, that is not what I’m gonna stand up in front of the people of Texas and say that’s the way we need to go and forget about abstinence.

It is just unfortunate that the governor of Texas hasn’t learned from his own example that nothing good ever happens when he talks about teen pregnancy.

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Rick Perry’s 3 Dumbest Comments on Teen Pregnancy

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Here’s How Texas Republicans Will Crush the Wendy Davis Abortion Filibuster

by y3kyabkl Posted on June 26, 2013

Mother Jones

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Update, 5:22 PM EDT: A spokeswoman for Gov. Perry confirmed to Mother Jones that he has called a special session that will begin on July 1. Perry said in a statement, “I am calling the Legislature back into session because too much important work remains undone for the people of Texas. Through their duly elected representatives, the citizens of our state have made crystal clear their priorities for our great state. Texans value life and want to protect women and the unborn.”

Donning pink tennis shoes, Texas state Sen. Wendy Davis (D-Forth Worth) waged an almost 11-hour filibuster Tuesday to thwart a GOP-backed bill that would have shuttered most of the abortion clinics across Texas. The bill was killed, despite efforts by Texas Republicans to throw the rule book at Davis for adjusting her back brace. GOPers also staged a vote approving the bill minutes after deadline, but the vote was too late and didn’t count. But Republicans are not accepting defeat, and an expert on Texas electoral law says the state’s GOPers know that Texas Gov. Rick Perry still has an opportunity to put an identical anti-abortion bill to the floor, in another special session that could be held any time. If that happens, even a state senator as heroic and unwilling to sit down as Davis might not be able to stop the bill from passing.

Mark Jones, a political science professor at Rice University, says, “Republican Senate leaders realized they were on very shaky legal ground” when they declared victory on Senate Bill 5 a couple minutes after midnight—going so far as to change the time stamp on the Legislature’s official web page. “The practical route for them to follow is recognize defeat here, and focus on getting identical legislation passed in the second special session where time will not be an issue like in the first…Davis would need to filibuster for two weeks.”

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Here’s How Texas Republicans Will Crush the Wendy Davis Abortion Filibuster

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Message to Republicans: Don’t Mess With Texas Women on Abortion

by Jeff Howard Posted on June 25, 2013

Mother Jones

Texas Democrats launched a 13-hour filibuster in the state Senate on Tuesday to block a GOP-backed bill that would dramatically limit abortion access in the Lone Star State. The bill bans abortions after 20 weeks gestation, even in cases of rape and incest, and creates strict new building codes for abortion clinics that threaten to shut down nearly all of the state’s providers.

The bill passed through the House on Monday despite a 12-hour delay by Democrats and a citizens’ filibuster that brought hundreds of protesters to the State Capitol in Austin. “I saw the future of Texas last night, and it is not apathetic,” Heather Busby, executive director of NARAL Pro-Choice Texas, told The Huffington Post. “It is ready for a change.”

State Sen. Glenn Hegar (R-Katy) introduced Senate Bill 5 in a special 30-day session that Texas Governor Rick Perry called, in which only a simple majority is needed to send the bill to the floor instead of the usual two-thirds majority. Today is the last day of the session, so filibustering past midnight will kill the legislation, unless Perry decides to call another session. The bill caps abortion access at 20 weeks, even though the 1973 Supreme Court ruling Roe v. Wade allows abortions up until the point that a fetus can live outside the womb (which is usually considered to be 24 weeks gestation). A dozen other states have already passed laws banning abortion after 20 weeks, but the laws have been struck down as unconstitutional in Arizona and Idaho.

The bill also requires doctors who perform abortions to have admitting privileges at a hospital within 30 miles of the clinic. Finally, the bill requires clinics to comply with building codes designed for out-patient surgery centers found in hospitals, a provision that the bill’s opponents say would force most of the state’s remaining abortion providers to close. Only five of the state’s 42 clinics are expected to be able to comply with the new standards—in a state of 26 million people where women already travel an average of 43 miles to get an abortion. Texas clinics have already taken a heavy financial hit in the last two years, as legislators slashed state funds and refused federal Medicaid money in an attempt to shut down Planned Parenthood providers.

Last Thursday, more than 700 protesters, many of them women who had traveled from other parts of Texas, showed up to protest the bill and waited in line to testify for hours. When the chairman tried to end the public testimony, this happened:

State Sen. Wendy Davis (D-Fort Worth) is leading Tuesday’s filibuster (in pink sneakers) and is expected to hold the floor and speak—without bathroom breaks—until the Senate adjourns at midnight. This isn’t her first rodeo: In 2011, Davis temporarily stalled a plan from Governor Perry that would have slashed $5.4 billion from public schools, turning her into something of an overnight celebrity. That filibuster, however, was only a little over an hour. According to the Texas Observer, Texas Democrats knew that the abortion bill would pass through the House, but they delayed it Sunday night so that Democrats in the Senate would have time to launch a filibuster.

Senate rules require a 24-hour waiting period before the Senate can debate the bill. So House Democrats hoped to delay SB 5 long enough to give Senate Democrats a chance to filibuster the bill

“There’s an assault on women in this state and this legislation is a prime example of that,” the Senate’s Democratic leader, Kirk Watson (D-Austin) told The Star-Telegram. “It’s important that a woman like Davis who’s the mother of two daughters will be the one standing. We will all be there providing assistance and help.”

The protesters plan to continue to camp out in the capitol building throughout the filibuster.

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Message to Republicans: Don’t Mess With Texas Women on Abortion

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The GOP Tries to Redefine Rape Exemptions—Again

by tf942pe Posted on June 18, 2013

Mother Jones

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The House debated and passed a bill on Tuesday that would ban all abortions after 20 weeks across the country. The bill, passed by a nearly party-line vote of 228 to 196, replicates laws passed in a dozen states in the past three years limiting the time period during which women can obtain a legal abortion.

HR 1797, sponsored by Rep. Trent Franks (R-Ariz.), is not expected to pass the Democrat-controlled Senate, and President Barack Obama has already threatened to veto it. But it does contain a provision that redefines rape exemptions, significantly limiting the number of women who would qualify. In order to obtain an abortion after 20 weeks under this law, a woman who was raped must be able to prove that she reported the rape to authorities—a requirement not present in other rape exceptions to federal abortion laws.

Republicans added this provision to the bill, which originally included no exceptions for rape or incest, after the House Judiciary committee approved it last week. But the alternative language Republicans inserted creates its own problems. It is more restrictive than the Hyde Amendment, the law barring federal funds from being used to pay for abortions. Hyde specifically exempts cases of rape, incest, or when the life of the mother is at stake—with no requirement that women have documentation from police that they reported the crime.

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The GOP Tries to Redefine Rape Exemptions—Again

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Is BPA Making Girls Obese?

by Lou Bovee Posted on June 14, 2013

Mother Jones

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A chemical common in food packaging—Bisphenol-A (BPA)—has for years been scrutinized for potential links to reproductive problems, heart disease, cancer, and even anxiety. And now new research suggests BPA, which leeches out from things like aluminum cans, drink straws, plastic packaging, and even cashier’s receipts, could increase the risk for obesity in preteen girls.

A Kaiser Permanente study, published this week in PLOS ONE, examined obesity and BPA levels in a group of Chinese school children. While most of the kids were not significantly effected by the chemical, 9-12 year-old girls with high BPA levels in their urine were found to be twice as likely to be obese than other girls their age. In girls with especially high levels (more than 10 micrograms per liter) the risk of obesity was five times as great.

This isn’t the first study to reveal BPA’s particular effect on girls. My colleague Jaeah Lee explored how girls exposed to the chemical as fetuses were more likely to be anxious and depressed than boys, and another study on rhesus monkeys revealed how it messes with the reproductive system. So why are women more susceptible to the chemical?

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Is BPA Making Girls Obese?

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