Tag Archives: reproductive rights

San Francisco Just Did Something Really Cool for Working Parents

Mother Jones

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On Tuesday, San Francisco became the first US city to require that all new parents—mothers, fathers, and same-sex partners—get fully paid parental leave for six weeks after giving birth or adopting a child. The new law follows the efforts by tech companies in the area, including Amazon, Apple, Google, and Twitter, to offer employees robust parental leave policies in an effort to increase work-life balance.

California is one of only five states that already offers some form of parental leave, but this new city-wide law is one of the most generous in the country. Workers in the Golden State now get six weeks off, but they receive just 55 percent of their pay. New Jersey and Rhode Island have similar laws, and Washington state recently passed a parental leave law that has not taken effect. In March, the New York legislature approved a parental leave policy that will cover 12 weeks of paid time off, though the law will go into effect in 2018 and will initially cover only 50 percent of average pay.

The United States, which guarantees up to 12 weeks of unpaid parental leave, is the only developed country that does not guarantee all new parents paid parental leave. Expectant mothers get 18 weeks of paid leave in Australia, 39 weeks in the UK, and 480 days in Sweden.

For workers in both California and New York, paid parental leave was one of two victories this week. Governors in both states also signed legislation Monday that will increase the minimum wage in each state to $15 an hour, to be phased in over about seven years. The higher wages, which are more than double the federal minimum wage, will affect roughly 60 million Americans. President Obama responded to the wage increases by asking Congress to follow suit.

“Since I first called on Congress to increase the federal minimum wage in 2013, 18 states and more than 40 cities and counties have acted on their own—thanks to the strong leadership of elected officials, businesses, and workers who organized and fought so hard for the economic security families deserve,” he said in a statement. “Now Congress needs to act to raise the federal minimum wage and expand access to paid leave for all Americans.”

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San Francisco Just Did Something Really Cool for Working Parents

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Trump Wants to Outlaw Abortions and Punish Women Who Still Get Them

Mother Jones

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Update, March 30, 2016, 5:13 p.m. ET: Donald Trump released a statement clarifying his position not long after his initial remarks.

It reads: “If Congress were to pass legislation making abortion illegal and the federal courts upheld this legislation, or any state were permitted to ban abortion under state and federal law, the doctor or any other person performing this illegal act upon a woman would be held legally responsible, not the woman. The woman is a victim in this case as the life is in her womb. My position has not changed—like Ronald Reagan, I am pro-life with exceptions.”

Donald Trump said Wednesday that he wants to ban abortions, and that women who get abortions illegally should be punished.

At a taping of an MSNBC town hall that will air later, host Chris Matthews pressed the Republican presidential front-runner Trump for his thoughts on abortion policy. Trump said he’s in favor of an abortion ban, explaining, “Well, you go back to a position like they had where they would perhaps go to illegal places, but we have to ban it,” according to a partial transcript from Bloomberg Politics.

Matthews asked if there would be a punishment for women who received abortions if they were made illegal. Trump responded, “There has to be some form of punishment.” He elaborated that the punishment would have “to be determined” and the law will depend on the upcoming Supreme Court confirmation battle and the 2016 election.

Trump’s proposal isn’t too far off from the current reality: A woman in Tennessee is being held on aggravated assault charges for attempting to self-induce abortion using a coat hanger.

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Trump Wants to Outlaw Abortions and Punish Women Who Still Get Them

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Abortion Rates Are Falling, But Conservatives Won’t Like the Reason Why

Mother Jones

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The abortion rate is declining, but that has nothing to do with the sharp increase in anti-abortion legislation over the past decade. Instead, you can give credit to effective contraception, according to a new study.

From 2008 to 2011, the abortion rate dropped 13 percent, but it did so at a similar pace as the overall decline in the national birth rate, according to the Guttmacher Institute, a reproductive rights think tank that regularly releases data on sexual and reproductive health. A new study by Guttmacher, published in the New England Journal of Medicine, states that unplanned pregnancies are occurring less frequently, but the percentage of unplanned pregnancies that end in abortion remains statistically the same. In 2008, for example, 40 percent of unplanned pregnancies ended in abortion, and in 2011, 42 percent did. But, the overall rate of unintended pregnancies dropped 18 percent between 2008 and 2011—its lowest in 30 years, according to Guttmacher.

Source: New England Journal of Medicine

The study’s authors point out that the use of long-acting reversible contraception (or LARCs) such as IUDs or implants more than tripled between 2007 and 2012. Considered by the American College of Obstetrics and Gynecologists as the most reliable and effective form of birth control, the use of LARCs contributed to the declining unintended pregnancy rate. But poor women and women of color are still disproportionately affected; while rates are falling everywhere, they are falling less for these women, most likely because LARCs are more difficult to obtain in these communities. A different study in the New England Journal of Medicine found that rates of unintended pregnancy for poor women were two to three times the national average. IUDs are very effective, but they can be costly—according to Planned Parenthood’s website, it’s possible to pay up to $1,000 for one that lasts 12 years.

A New England Journal of Medicine study last month found that when Texas eliminated Planned Parenthood from its Medicaid public family planning program for low-income women, fewer claims were filed for contraception, and more low-income women in Texas ultimately gave birth. A number of restrictions on abortion in Texas have already shut down more than half of the state’s 42 clinics and could close 8 more.

“Supporting and expanding women’s access to family planning services not only protects their health and rights; it also reduces abortion rates,” says Joerg Dreweke, a researcher at Guttmacher and the author of the study. “The clear implication for policymakers who wish to see fewer abortions occur is to focus on making contraceptive care more available by increasing funding and stopping attacks on all family planning providers.”

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Abortion Rates Are Falling, But Conservatives Won’t Like the Reason Why

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There Are Still Politicians Who Think You Can’t Get Pregnant From Rape

Mother Jones

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During a hearing by the Idaho House of Representatives on a bill that would require women seeking abortions to undergo an ultrasound and listen to a fetal heart monitor, Angela Dwyer, an employee at a crisis pregnancy center who testified in support of the bill, explained that in her experience, she had seen two rape victims choose not to abort—one kept the baby and the other chose adoption. The proposed legislation does not make an exception for victims of incest or rape.

Rep. Pete Nielsen responded, “Now, I’m of the understanding that in many cases of rape it does not involve any pregnancy because of the trauma of the incident.” He then added, “That may be true with incest a little bit.”

According to the Spokesman-Review, Nielsen stood by his remarks after the hearing. He said pregnancy “doesn’t happen as often as it does with consensual sex, because of the trauma involved.” According to Scientific American, women get pregnant from rape as frequently as they get pregnant from consensual sex.

When pressed on the matter by a reporter who asked him how he knew this, Nielsen replied, “That’s information that I’ve had through the years. Whether it’s totally accurate or not, I don’t know…I’ve read a lot of information…Being the father of two girls, I’ve explored this a lot.”

Nielson’s comments echoed those of former Missouri Rep. Todd Akin, who once memorably said on a television interview, “If it’s a legitimate rape, the female body has ways to shut that whole thing down.” Akin lost his Senate bid shortly thereafter in 2012 to Sen. Claire McCaskill (D-Mo.).

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There Are Still Politicians Who Think You Can’t Get Pregnant From Rape

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The Oklahoma Supreme Court Gave a Bizarre Explanation for Restricting the Abortion Pill

Mother Jones

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The Oklahoma Supreme Court on Tuesday upheld restrictions on the abortion pill, but the justices also noted that “by the state’s own evidentiary materials, more restrictions on abortions result in higher complication rates and in decreased women’s safety.”

Since the Food and Drug Administration gave its approval to mifepristone—a.k.a. the abortion pill—in 2000, more than 2 million women have ended their pregnancies using medication alone. The law in question, which went into effect in 2014, requires physicians to abide by a decade-old FDA protocol when administering abortion medication. That protocol includes high dosages of abortion drugs (mifepristone is one of two drugs used) and three visits to the doctor’s office—requirements that medical experts describe as unnecessary, as well as less effective and more expensive than the off-label use of these drugs. The FDA protocol also makes the medication harder to tolerate—failure rates more than double compared with those from off-label use, and almost every woman experiences at least one severe side effect like nausea, vomiting, or cramps.

That’s why, when prescribing abortion medication, over 80 percent of physicians follow an off-label method, developed by medical organizations such as the American College of Obstetricians and Gynecologists and supported by the World Health Organization. That regimen has fewer side effects and a lower failure rate than the FDA method. And it can be used later in pregnancy: Physicians typically prescribe abortion drugs until the ninth week of pregnancy, while the FDA regimen can only be used until the seventh week.

Abortion rights groups, including the Center for Reproductive Rights and the Oklahoma Coalition for Reproductive Justice, sued Oklahoma in 2014, arguing that the law ignores medical evidence and harms women.

The court on Tuesday ultimately upheld the law and ruled that it doesn’t violate the constitution, even though it’s bad public health. And one justice, Douglas Combs, wrote an opinion in which he concurred with the court but questioned the law.

“Once again, those who do not practice medicine have determined to insert themselves between physicians and their patients, with the insistence they know what is best when it comes to the standard of care,” wrote Combs. “The medical community should take heed: now that the Legislature has declared itself willing to dictate medical protocol and practice within this limited context, what areas of the practice of medicine are next?”

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The Oklahoma Supreme Court Gave a Bizarre Explanation for Restricting the Abortion Pill

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This Catholic Hospital Failed Women Who Were Suffering Miscarriages

Mother Jones

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In a shocking investigation for the Guardian, Mother Jones alum Molly Redden describes a Catholic hospital in Muskegon, Michigan, in which hospital policies concerning reproductive health were guided by recommendations from the US Conference of Bishops. This resulted in a 17-month pattern whereby women who were miscarrying were refused medical intervention, resulting in dangerous cases of sepsis, emotional trauma, and unnecessary surgery.

A report that documents five cases of women whose miscarriages were treated in this manner was leaked to the Guardian. None of the pregnancies had progressed past 20 weeks, making viability outside the womb unlikely even in the best circumstances. None of the infants in these cases survived. Redden reports:

The woman inside the ambulance was miscarrying. That was clear from the foul-smelling fluid leaving her body. As the vehicle wailed toward the hospital, a doctor waiting for her arrival phoned a specialist, who was unequivocal: the baby would die. The woman might follow. Induce labor immediately.

But staff at the Mercy Health Partners hospital in Muskegon, Michigan would not induce labor for another 10 hours. Instead, they followed a set of directives written by the United States Conference of Catholic Bishops that forbid terminating a pregnancy unless the mother is in grave condition. Doctors decided they would delay until the woman showed signs of sepsis—a life-threatening response to an advanced infection—or the fetal heart stopped on its own.

In the end, it was sepsis. When the woman delivered, at 1:41 a.m., doctors had been watching her temperature climb for more than eight hours. Her infant lived for 65 minutes.

This story is just one example of how a single Catholic hospital risked the health of five different women in a span of 17 months, according to a new report leaked to the Guardian.

The report, by a former Muskegon County health official, Faith Groesbeck, accuses Mercy Health Partners of forcing five women between August 2009 and December 2010 to undergo dangerous miscarriages by giving them no other option.

Redden also revealed that all five women had symptoms that indicated immediate delivery was the safest option, but that option was never communicated to the patients. Redden delved into the complexities of the Catholic Church’s directives on reproductive health, which guided Mercy Health Partners’ interpretation that apparently prevented the hospital from providing necessary care and information to patients.

An OB-GYN reviewed the report provided by Redden and the Guardian and concluded that, given the nature of the miscarriages that were described, most physicians would “absolutely urge” inducing labor.

Redden noted that Catholic hospitals nationwide are on the rise—the number of Catholic hospitals increased by 16 percent between 2010 and 2011—while the number of secular, private, and other religious hospitals has declined. Experts in Catholic health care told the Guardian that the bishop’s directives should never interfere with emergency care.

Here is the Guardian’s entire story. You can also find one of Redden’s Mother Jones features, “The War on Women is Over—And Women Lost,” here.

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This Catholic Hospital Failed Women Who Were Suffering Miscarriages

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Scalia’s Death Might Have Saved Abortion Rights

Mother Jones

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The unexpected death of Supreme Court Justice Antonin Scalia on Saturday will not change the court’s schedule. The nation’s highest court is still set to hear oral arguments on portions of Texas’ 2013 anti-abortion law this March, making their final decision on it by late June. And while the justice’s passing has left the fate of Whole Woman’s Health v. Hellerstedt up in the air, the outlook may be positive for abortion rights.

The case, formerly Whole Woman’s Health v. Cole, centers on two provisions of HB 2, the omnibus Texas law first enacted in 2013; one provision requires that abortion providers have admitting privileges at nearby hospitals, and another requires clinics to offer hospital-like standards.

The defendants, an abortion clinic represented by the Center for Reproductive Rights, successfully argued in Texas state court that the provisions created an “undue burden” for Texas women seeking abortions by shuttering clinics and forcing women to travel hundreds of miles or leave the state for the procedure. The “undue burden” standard for abortion restrictions was established in a 1992 Supreme Court case, when the justices ruled that states cannot enact restrictions that pose an “undue burden” on women’s access to abortion services. But the 5th Circuit Court upheld both sets of restrictions last June, sending them up to the nation’s highest court for review.

Scalia, who before his death was the longest-sitting member of the Court, was one of five conservative justices and a conservative Catholic known for his opposition to abortion rights, gay marriage, and affirmative action. He was an outspoken adversary of Roe v. Wade, and in a 2011 interview he called the case an “absurdity,” adding, “You want a right to abortion? There’s nothing in the Constitution about that.”

“Scalia has been the brains behind the movement to conservatism within the judiciary,” Scott Horton, a human rights attorney and contributing editor at Harper’s magazine, told Democracy Now. “His role on the court is extremely important, and his departure immediately shifts the nature of the court.”

His absence means that if all the justices vote along conservative-progressive lines, the court would be split 4-4. When there is a split decision, the court would defer to the 5th Circuit’s opinion that upheld the restrictions, which would be disastrous for women seeking abortions in Texas, Louisiana, and Mississippi, states that are under the jurisdiction of the district court.

But a split decision could also mean that Roe v. Wade would remain intact for now. That’s because, as abortion rights advocates had feared, the justices could not use Whole Woman’s Health v. Hellerstedt as an opportunity to issue a more sweeping opinion, one that would not only uphold the Texas law but gut abortion protections that have already been secured. Upholding the lower court’s decision would mean there would be no federal precedent determining whether admitting privileges and strict architectural standards are fair game for states interested in restricting abortion.

There is also a possibility that the court will actually rehear the case instead of affirming the lower court’s decision. In this scenario, the justices would order the matter be reheard next year, essentially starting from scratch once a new justice has been appointed. There’s precedent for this from the 1950s, after the death of Justice Robert Jackson, when the court heard re-arguments in three cases after Justice John Marshall Harlan was appointed. But according to experts, the court may decide not to delay because it could take upwards of a year to even appoint a replacement for Scalia.

“In other words, it is possible for the stakes to get even higher about Justice Scalia’s replacement, and rehearing legal challenges…would do just that,” wrote Jessica Mason Pieklo, a senior legal analyst for RH Reality Check.

Of course, a tie isn’t the only possible outcome. Some legal observers are suggesting that Justice Anthony Kennedy might side with progressives and vote to strike down the Texas restrictions. In that scenario, the Texas provisions as well as similar laws in Louisiana and Mississippi would be blocked, and lower court decisions striking down state laws would be upheld.

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Scalia’s Death Might Have Saved Abortion Rights

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One Hospital in This City Gave Vulnerable Women an Option. Now It’s Gone.

Mother Jones

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If a pregnant woman in the Greater Cincinnati area receives the diagnosis of a fetal abnormality such as Tay-Sachs disease or anencephaly—in which a major part of the fetus’ brain does not develop—she is no longer able to terminate the pregnancy in a local hospital.

The Christ Hospital in Mount Auburn was the last hospital in the city of more than 2 million to provide this service, but two months ago it enacted a new policy that prohibits physicians from performing abortions in fetal anomaly cases. The hospital will now only terminate pregnancies “in situations deemed to be a threat to the life of the mother,” the new policy reads.

“The cases are highly emotional and tragic,” Danielle Craig, a spokeswoman for Planned Parenthood of Southwest Ohio, told the Cincinnati Enquirer. “Under these circumstances, for many patients, an overnight stay in a hospital is better than an outpatient procedure, and women should have that option.”

Comprehensive fetal testing, like ultrasounds of the heart and anatomical sonograms, are typically performed at around 20 weeks’ gestation and can reveal a host of disorders, from genetic problems to fetal development gone awry. Late mid-term abortions are less common than first-trimester abortions, so this option is likely taken by women who are facing some kind of severe fetal birth defect.

For women in Cincinnati who decide to terminate their pregnancies after receiving this diagnosis, the only other option to get an abortion would be at the local Planned Parenthood affiliate. But if the abnormality comes with certain health risks that may complicate the procedure and endanger the life of the mother, the case would have to be referred back to a hospital outside the Greater Cincinnati area, according to Craig.

According to the Ohio Department of Health’s annual report, only 84 of more than 21,000 abortions were performed in hospitals in 2014—merely 0.4 percent of all abortions statewide. Christ Hospital reported performing a total of 59 such abortions in the past five and a half years.

Ohio has several abortion restrictions in place, including requiring counseling with information to discourage abortions, a 24-hour waiting period between counseling and abortion, and the right for all medical professional and institutions to refuse to provide an abortion.

Bans on abortion because of fetal abnormalities are not common in the United States. Only North Dakota has a statewide ban. Arizona, Minnesota, and Oklahoma require counseling if a hospital abortion is sought because of a lethal fetal abnormality. And in some cases, as with the Christ Hospital in Cincinnati, a single hospital enacts the policy.

During the 2012 presidential race, candidate Rick Santorum declared that 90 percent of fetuses diagnosed with Down syndrome are aborted, but no comprehensive data exists on how many women choose to abort after a fetal abnormality is detected. In early 2013, Americans United for Life put forth draft model legislation that aimed to end “discrimination based on genetic abnormalities,” as AUL president and CEO Charmaine Yoest put it. The North Dakota ban was a result—Indiana and Missouri also picked it up, but the measures ultimately failed.

The Zika virus—a virus transmitted by both mosquitos and sexual encounters that may be linked to microcephaly—has focused attention on the issue of pregnancy termination in cases of fetal abnormalities. Women in El Salvador, Brazil, Honduras, and Colombia, where the virus is spreading, have been urged to avoid pregnancy. While the North American climate is inhospitable to the mosquito population that is responsible for the spread closer to the equator, the potential reach of the virus does include a small sliver of the southern United States, according to a map by the World Health Organization.

Should the virus spread in the United States, women who live where fetal abnormality abortions are prohibited may still have an option. In the 1960s, when the rubella pandemic hit, the virus caused birth defects such as blindness and deafness. Although abortion was illegal in the decade before Roe v. Wade, “therapeutic abortions“—meaning doctors verified that the procedure was medically necessary—were allowed.

The specifics of the Zika virus are still being determined by scientists and medical professionals, but if the connection between the virus and microcephaly is confirmed, it could have a powerful impact on reproductive policy in Latin America and the United States.

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One Hospital in This City Gave Vulnerable Women an Option. Now It’s Gone.

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Ted Cruz’s New Anti-Choice Group Is Headed by a Guy Who Thinks Abortion Caused the Drought

Mother Jones

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During a campaign stop in Des Moines, Iowa, on Wednesday, Texas Sen. Ted Cruz said he’s created an anti-abortion group that will “champion every child, born and unborn.” The Pro-Lifers for Cruz coalition already has more than 17,000 members, according to a press release, and will be chaired by Tony Perkins, the anti-LGBT president of the Family Research Council who recently said same-sex marriage is responsible for “havoc in our homes and blood in our streets.” Florida Sen. Marco Rubio has also created a committee, but Cruz has cornered some of the more extreme members of the anti-abortion movement.

Also heading up the coalition are 11 anti-abortion co-chairs “representing virtually every perspective on the pro-life spectrum.” One of those perspectives is that of Troy Newman, the president of Operation Rescue and a board member of the Center for Medical Progress, the group behind the debunked Planned Parenthood videos, whose founder David Daleiden was recently indicted for alleged crimes in connection to the videos. In his announcement on Wednesday, Cruz called Newman’s group “one of the leading pro-life Christian activist organizations in the nation.”

Newman has been involved in anti-abortion organizing for decades, and in 1999 he became the president of Operation Rescue, a group with a long history devoted to shuttering abortion clinics. In 2000 he published the book Their Blood Cries Out, in which he calls abortion doctors “blood-guilty.” In a passage of the book, which is now out of print, Newman wrote that “the United States government has abrogated its responsibility to properly deal with the blood-guilty. This responsibility rightly involves executing convicted murderers, including abortionists, for their crimes in order to expunge bloodguilt sic from the land and people.”

In 2002, Newman moved Operation Rescue headquarters from Southern California to Wichita, Kansas, the home of Dr. George Tiller, one of the only later-term abortion providers in the country at the time. Tiller was shot to death while volunteering as an usher for his church. Scott Roeder, 51, who participated in Operation Rescue events and protests in Wichita, was eventually sentenced to 50 years in prison for the murder. Newman immediately distanced himself from Roeder following Tiller’s death. Operation Rescue’s senior vice president is Cheryl Sullenger, who in the late 1980s served two years in federal prison for conspiring to bomb an abortion clinic.

A year after moving to Wichita, Newman commented on the state execution of Paul Hill, a man convicted of murdering a Florida-based abortion provider and his volunteer escort. In a joint press release, Newman’s Operation Rescue and another pro-life organization wrote that Hill’s execution was unjust because “there are many examples where taking the life in defense of innocent human beings is legally justified and permissible under the law…Execution under these circumstances is nothing less than murder of a political prisoner.”

Last October, Newman, who had been scheduled to speak at an anti-abortion event, was deported from Australia because government officials thought he would be “a threat to good order” and that his views on abortion could compromise the safety and well-being of women seeking abortions. Newman has recently claimed that the ongoing drought in California is caused by abortion: “Is it no wonder that California is experiencing the worst drought in history when it is the largest child-killer in all of the United States?”

Ken Cuccinelli, the former state senator and attorney general of Virginia who has said he opposes abortion even when the pregnancy is a health risk to the woman, is another co-chair of the committee. So is Gianna Jessen, who calls herself an “abortion survivor” because she was born after her mother failed an attempted saline abortion. A disability activist, she testified against Planned Parenthood during the House’s investigation last year.

“I always say that men are born to defend women and children, not sit idly by, or be passive when they are being harmed,” Jessen is quoted as saying on Cruz’s website. “Senator Cruz has been absolutely courageous in his defense of the unborn, and willing to stand alone.”

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Ted Cruz’s New Anti-Choice Group Is Headed by a Guy Who Thinks Abortion Caused the Drought

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Texas Probe of Planned Parenthood Indicts Anti-Abortion Videographers Instead

Mother Jones

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The Harris County, Texas, grand jury tasked with investigating Planned Parenthood announced today that it has cleared the women’s health provider of breaking the law. Instead, the grand jury has indicted David Daleiden and Sandra Merritt of the anti-abortion Center for Medical Progress. Last summer, their group released a series of secretly recorded and deceptively edited videos purporting to show Planned Parenthood officials discussing the sale of fetal tissue—which would be illegal. Houston Public Media reports on today’s grand jury indictment:

David Daleiden and Sandra Merritt have been indicted for Tampering with a Governmental Record, which is a felony. Daleidan was also indicted for Prohibition of the Purchase and Sale of Human Organs, meaning he illegally offered to purchase human organs in the video recording. A violation of this section is a Class A misdemeanor.

Following the release of the CMP’s videos, six states tried to defund Planned Parenthood, 11 states have investigated the women’s health provider (none found evidence of fetal tissue sales), and three congressional committees launched their own inquiries.â&#128;&#139;

The grand jury’s review was extensive and lasted more than two months, noted Harris County District Attorney Devon Anderson in a press release. “We were called upon to investigate allegations of criminal conduct by Planned Parenthood Gulf Coast,” Anderson said in the statement. “As I stated at the outset of this investigation, we must go where the evidence leads us. All the evidence uncovered in the course of this investigation was presented to the grand jury. I respect their decision on this difficult case.”

Earlier this month, Planned Parenthood filed a federal lawsuit against Daleiden and other activists that worked with the CMP. The lawsuit accuses the CMP of racketeering, illegally creating and using fake identification, and illegally recording Planned Parenthood staff.

“These anti-abortion extremists spent three years creating a fake company, creating fake identities, lying, and breaking the law,” said Eric Ferrero, vice president of communications for Planned Parenthood Federation of America, in an emailed statement. “When they couldn’t find any improper or illegal activity, they made it up.”

This is a breaking story. We are updating this post as the story develops.

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Texas Probe of Planned Parenthood Indicts Anti-Abortion Videographers Instead

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