Tag Archives: reproductive rights

No, There Is No “Troubling Persistence” of Eugenicist Thought in America

Mother Jones

Andrew Sullivan points me to a piece by Michael Brendan Dougherty bemoaning the “troubling persistence” of eugenic thought in America. But Dougherty’s evidence for this is tissue-paper thin, especially in his credulous treatment of the high abortion rate among women with Down syndrome babies:

In an article that explores this sympathetically, Alison Piepmeier writes:

Repeatedly women told me that they ended the pregnancy not because they wanted a “perfect child” (as one woman said, “I don’t know what ‘perfect child’ even means”) but because they recognized that the world is a difficult place for people with intellectual disabilities.

If the numbers on abortion and Down syndrome are even remotely accurate, the birth of a Down baby is something already against the norm. As medical costs are more and more socialized, it is hard to see how the stigma attached to “choosing” to carry a Down syndrome child to term will not increase. Why choose to burden the health system this way? Instead of neighbors straightforwardly admiring parents for the burden they bear with a disabled child, society is made up of taxpayers who will roll their eyes at the irresponsible breeder, who is costing them a mint in “unnecessary” medical treatment and learning specialists at school. Why condemn a child to a “life like that,” they will wonder.

Oh please. These women were lying. The reason they had abortions is because raising a Down syndrome child is a tremendous amount of work and, for many people, not very rewarding. But that sounds shallow and selfish, so they resorted instead to an excuse that sounds a little more caring. Far from being afraid of eye-rolling neighbors who disapprove of carrying the baby to term because it might lead to higher tax rates, they’re explicitly trying to avoid the ostracism of neighbors who would think poorly of them for aborting a child just because it’s a lot of work to raise.

This has nothing to do with eugenic thought one way or the other. The more prosaic truth is simpler: Most of us aren’t saints, and given a choice, we’d rather have a child without Down syndrome. You can approve or disapprove of this as you will, but that’s all that’s going on here.

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No, There Is No “Troubling Persistence” of Eugenicist Thought in America

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Here’s How Fact Checking Exits the Real World and Enters Wonderland

Mother Jones

So here’s the big controversy of the day out in our nation’s heartland. Joni Ernst, running for a Senate seat in Iowa, is one of 21 Republicans who voted in favor of a “personhood” amendment to the state constitution. It says that “the inalienable right to life of every person at any stage of development shall be recognized and protected.”

That seems clear enough. It means life begins at conception, and that embryos will have the same legal protections as you and me. Ernst’s opponent, Bruce Braley, concludes, logically enough, that this would ban certain forms of contraception, prevent people from getting in vitro fertilization, and lead to the prosecution of doctors who perform those procedures.

Ernst says this is nonsense. “That amendment is simply a statement that I support life,” she says. Why, it’s just a nothingburger! Sort of like a resolution endorsing apple pie or Mother’s Day.

Today, Glenn Kessler wades into this dispute. He dings Ernst for “straining credulity” about the intent of the amendment, but he also has harsh words for Braley:

Braley goes too far with his scary scenarios, especially because he repeatedly said the amendment “would” have the impact he described. Ernst is on record of not opposing contraception—though she also favors punishing doctors who perform abortions. We concede that the legal terrain in murky, and the impact uncertain. But that’s all the more reason not to speak with such certainty. Braley thus earns Two Pinocchios.

Ed Kilgore is dumbfounded by this kind of treatment, and so am I. I just don’t get it. Kessler is not some babe in the woulds. He knows perfectly well exactly what the goal of this amendment is. It’s possible, of course, that Democrats in Iowa will prevent Republicans from enacting enabling legislation. Or that the US Supreme Court will stand in the way. But why does that matter when the intent is so clear? Likewise, Ernst may say that “I will always stand with our women on affordable access to contraception,” but that’s plain and simple weaseling. And it doesn’t even matter. Republicans in the legislature can keep their hands completely clean and simply let activists take things to court. With an amendment like that in place, no judge could turn away a suit that asked for a ban on abortions or in-vitro fertilization or certain forms of contraception.

As Kilgore says, “Encouraging this lack of accountability, and engaging in the worst form of false equivalency, is just a sin.” All Braley is doing is calling out Ernst for the obvious implications of an amendment she supports. It’s not merely a “statement” and she knows it. But in our topsy-turvy world of fact checking, Braley’s plain description of the obvious real-world impact of Ernst’s amendment is somehow deemed more of a lie than Ernst’s slippery prevarications in the first place.

I don’t understand this. This isn’t a debating society. It’s not la-la land. It’s the real world, and it’s not partisan sniping to say that we all know what this stuff means in the real world. Shouldn’t that be the domain of a fact checker?

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Here’s How Fact Checking Exits the Real World and Enters Wonderland

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The Nation’s Biggest Abortion Battle Is Playing Out in Tennessee

Mother Jones

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The most contentious political battle raging in Tennessee this year has nothing to do with control of the US Senate or the governor’s mansion—it’s taking place over a ballot measure that would make Tennessee the next hot zone in the war over abortion rights.

The referendum, called Amendment 1, would amend Tennessee’s constitution to read: “Nothing in this Constitution secures or protects a right to abortion or requires the funding of an abortion,” including for pregnancies “resulting from rape or incest or when necessary to save the life of the mother.” If the amendment succeeds, it would allow state lawmakers to pass the kinds of Draconian abortion restrictions seen in neighboring states. And pro- and anti-abortion rights groups are raising millions to swing the outcome.

Tennessee Republicans have been striving to put this referendum before voters since 2000, when a state Supreme Court decision blocked several harsh anti-abortion measures from becoming law. The ruling, which struck down several anti-abortion laws passed in 1998, has prevented the legislature from passing certain strict laws enacted in other states, such as a mandatory abortion waiting period. In 2011, a supermajority of both chambers of the state legislature, which included many Democrats, passed a measure to place Amendment 1 on the November 2014 ballot.

Amendment 1 would overturn that court decision. “It will basically just open the floodgates for the general assembly to pass any kind of restriction if the amendment passes,” says Jeff Teague, the president of Planned Parenthood of Middle and East Tennessee. “We think they probably have a long list of things they’re going to pass.”

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The Nation’s Biggest Abortion Battle Is Playing Out in Tennessee

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Mississippi’s Last Abortion Clinic Will Remain Open—For Now

Mother Jones

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The last abortion clinic in Mississippi has been on the brink of closure for nearly two years. But the fight to shutter the Jackson Women’s Health Organization may have ended Tuesday, when the Fifth Circuit Court of Appeals struck down the strict anti-abortion measure that would have closed its doors forever.

The court fight to save the clinic began in 2012, after state lawmakers passed a bill requiring abortion providers to have admitting privileges at a local hospital—or else face criminal charges. Restrictive anti-abortion bills had already closed several clinics in the state, and, had the Fifth Circuit not ruled against the state, Mississippi was poised to become the first state since Roe v. Wade without a single abortion provider.

Attorneys for the Jackson Women’s Health Organization argued that admitting privileges were unconstitutional and not medically necessary for the safety of its clients. (The clinic, after all, already had a patient-transfer agreement with a local hospital for rare cases in which a patient required hospitalization.) A federal judge was receptive to this argument and blocked the law from going into effect; in response, the state of Mississippi appealed the ruling to the Fifth Circuit.

Amid the legal wrangling, the Jackson Women’s Health Organization attempted to obtain admitting privileges to comply with the law. As Mother Jones has reported, all seven hospitals where the Jackson Women’s Health Organization was eligible for admitting privileges turned the clinic down. This was partly because its providers travel to Mississippi from out of state, and partly because hospitals refused to be associated with abortion.

As Mother Jones reported in 2012:

The doctors’ applications have been rejected by every hospital they’ve approached. Two hospitals wouldn’t let them apply at all. Five others denied the applications for “administrative” reasons, before even completely reviewing the doctors’ qualifications. Their rejection letters cited their policies regarding abortion and “concern about disruption to the hospital’s business within the community.” The clinic wrote follow-up letters to make sure the hospitals understood that the doctors were only seeking privileges to comply with the new law and wouldn’t actually be providing abortions at the hospital, but no dice.

Abortion rights advocates feared that the Fifth Circuit would be hostile to such claims. A three-judge panel on the Fifth Circuit upheld a very similar Texas law in March. Appeals courts in the Fourth and Eighth Circuits have also upheld admitting privilege laws.

But on Tuesday, the appeals court ruled, “Mississippi may not shift its obligation to respect the established constitutional rights of its citizens to another state.” It is not yet clear if the state will appeal to the US Supreme Court. But the decision—short of intervention from high court—means the clinic will remain open for the foreseeable future.

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Mississippi’s Last Abortion Clinic Will Remain Open—For Now

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WATCH: Now That Corporations Have Freedom of Religion, It’s Time to Lay Out the Corporate Commandments Fiore Cartoon

Mother Jones

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Mark Fiore is a Pulitzer Prize-winning editorial cartoonist and animator whose work has appeared in the Washington Post, the Los Angeles Times, the San Francisco Examiner, and dozens of other publications. He is an active member of the American Association of Editorial Cartoonists, and has a website featuring his work.

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WATCH: Now That Corporations Have Freedom of Religion, It’s Time to Lay Out the Corporate Commandments Fiore Cartoon

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Why Is the Abortion Rate Down Since 2008?

Mother Jones

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National Review‘s Michael New is unhappy with Guttmacher’s latest report on the abortion rate:

Last week, the Guttmacher Institute released an analysis of the recent decline in the incidence of abortion. Overall, the abortion rate declined by an impressive 13 percent between 2008 and 2011 and reached its lowest level since 1973. This Guttmacher analysis joins a chorus of pundits — including Andrew Sullivan — who were quick to credit contraception for this decline in the abortion rate. And like most Guttmacher studies, this analysis is quick to downplay pro-life laws and other pro-life efforts.

…There is less than meets the eye here, however. The author finds that fewer women under 30 at risk for an unintended pregnancy were forgoing contraception. Yet the decline was slight — only three percentage points.

…The author makes a fair point that the abortion decline was fairly consistent throughout the country….However, the study presents a false dichotomy between either crediting legislation or crediting contraceptives for the falling abortion numbers….The link between abortion attitudes and abortion incidence is not well documented. That said, the shift in public opinion is still worth considering.

Well, look: the abortion rate in America has been steadily declining since 1973. Trying to figure out why it dropped specifically between 2008 and 2011 is a mug’s game. There’s just nothing unusual going on that even requires an explanation. It’s true that the post-1973 decline continued at a rate that was slightly higher than before—but so slightly that it’s just as likely to be statistical noise as anything else.

Both sides should probably stand down in the face of the long-term evidence. Most likely, neither contraceptives nor state laws nor public opinion played a substantial role that was any different from the role they’ve played since 1973. Over the long term, there’s less teen pregnancy, more use of contraceptives, and, as near as I can tell, barely any change in public opinion at all. Beyond that, who knows?

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Why Is the Abortion Rate Down Since 2008?

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GOP Governors Paying Big Bucks to Contoversial Marriage Therapist to Defend New Abortion Laws

Mother Jones

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Over the past two years, at least four Republican-controlled states have paid nearly $200,000 in taxpayers funds to Vincent Rue—a marriage therapist whose testimony has been repeatedly disregarded by judges—to help defend ultra-strict abortion laws in court.

Rue, who holds a doctorate in family relations from the University of North Carolina School of Home Economics, has claimed that “abortion reescalates the battle between the sexes” and “abortion increases bitterness toward men.” For decades, he has strived to convince mainstream researchers to recognize “post-abortion syndrome,” a supposed mental illness resulting from abortion.

But “after submission for peer review by scientists with the Center for Disease Control, the National Center for Health Statistics and other scientific institutions, Rue’s study was found to have ‘no value’ and to be ‘based upon a priori beliefs rather than an objective review of the evidence,'” according to Daniel Huyett, a federal judge who disregarded Rue’s testimony in Planned Parenthood v. Casey, a landmark 1990 abortion case that eventually ended up before the Supreme Court. “His testimony is devoid of…analytical force and scientific rigor,” Huyett added. “Moreover, his admitted personal opposition to abortion, even in cases of rape and incest, suggests a possible personal bias.” Rue “possesses neither the academic qualifications nor the professional experience of plaintiffs’ expert witnesses,” another federal judge wrote in 1986 after hearing Rue’s testimony in another landmark abortion case, Hodgson v. Minnesota.

Rue “has been really thoroughly discredited by trial courts,” says Priscilla Smith, who faced Rue many years ago as a litigator and now directs the Yale Law School’s reproductive justice studies program. (Rue said he couldn’t comment for this story without the permission of the state attorneys general who’ve hired him.)

But Rue’s history hasn’t prevented Republican administrations in Alabama, North Dakota, Texas, and Wisconsin from giving him lucrative work as a legal consultant. These days, though, he rarely testifies himself. Instead, he works behind the scenes to handpick expert witnesses, write reports, and guide states’ legal strategies for defending abortion restrictions. From 2012 to 2014, North Dakota paid Rue $19,936 to help defend its six-week abortion ban—which legal scholars criticized as patently unconstitutional. (A federal court struck down the ban in April; the state is appealing.) In the same time period, Alabama paid Rue $79,087.50 to defend a law that requires abortion providers to obtain admitting privileges with a local hospital. (The law threatens to shut down three of Alabama’s five abortion clinics; the case, brought by Planned Parenthood, is ongoing.) In 2014, Texas paid Rue $36,392 in “other witness fees” for work on an unspecified lawsuit.

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GOP Governors Paying Big Bucks to Contoversial Marriage Therapist to Defend New Abortion Laws

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Michigan GOP: Don’t Say We Don’t Understand Women—We Read Fashion Rags!

Mother Jones

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Michigan Republicans have been accused of fighting a “war on women” ever since they passed a law requiring women to buy extra abortion insurance if they think they might get raped. Go figure.

On Thursday, three state House Republicans offered this rebuttal, in a tweet posted by Jake Neher of Michigan Public Radio Network:

That’s Rep. Peter Pettalia, Rep. Roger Victory, and Rep. Ben Glardon reading Glamour and Harper’s Bazaar—indisputable proof that they’re in touch with the concerns of today’s modern woman. Eat your hearts out, ladies.

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Michigan GOP: Don’t Say We Don’t Understand Women—We Read Fashion Rags!

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GOP House Candidate: There’s a Gay Plot to Recruit and Sodomize Your Kids

Mother Jones

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In his seven years in Congress, Rep. Paul Broun (R-Ga.) distinguished himself by calling biology “lies straight from the pit of hell” and accusing President Barack Obama of establishing a secret national police force to push a Marxist dictatorship. But the man who may replace Broun in Washington could outdo him.

In a 2012 book, that candidate—pastor and talk radio host Jody Hice—alleges the gay community has a secret plot to recruit and sodomize children, In It’s Now or Never: A Call to Reclaim America, Hice also asserts that supporters of abortion rights are worse than Hitler and compares gay relationships to bestiality and incest. He proposes that Muslims be stripped of their First Amendment rights.

On Tuesday, Hice clinched a spot in the runoff to replace Broun, who declined to run for re-election in order to run for Senate. Hice will face businessman Michael Collins in the July 22 runoff. In a district that gave 62 percent of the vote to Mitt Romney two years ago, Hice, the leading vote-getter in the first round of balloting, stands a good chance of being elected to Congress.

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GOP House Candidate: There’s a Gay Plot to Recruit and Sodomize Your Kids

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GOP Senate Candidate Cory Gardner Disavows His Support for Fetal Personhood—After Sponsoring a Bill Last Year

Mother Jones

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Rep. Cory Gardner (R-Col.) has Democrats spooked. Less than three weeks after his late-in-the-game announcement that he would challenge Sen. Mark Udall (D-Col.), a poll from the left-leaning firm Public Policy Polling found Gardner trailing Udall by just two points.

But Gardner, a two-term congressman, brings plenty of baggage to the race, including his background as a fierce culture warrior. Among other attempts to limit abortion access, he co-sponsored a 2011 bill that would have changed the definition of rape under federal law, limiting abortions that could be covered under Medicaid to instances of “forcible rape.” So on Friday, Gardner took a step toward softening his image as a social conservative crusader by recanting his vocal support for fetal personhood laws, which would confer constitutional rights on fetuses and ban abortion from the moment of conception.

“This was a bad idea driven by good intentions,” Gardner told the Denver Post. “I was not right. I can’t support personhood now. I can’t support personhood going forward. To do it again would be a mistake… The fact that it restricts contraception, it was not the right position.”

What changed? Gardner says he “learned to listen” to critics of fetal personhood measures—something it couldn’t have hurt to have done before he co-sponsored a House bill that established a “right to life for every member of the species homo sapiens at all stages of life, including the moment of fertilization.” That bill, which Gardner signed last July, was named the “Life at Conception Act.” During his first run for Congress, in 2010, Gardner boasted of circulating a petition for a personhood ballot measure at his church. Coloradoans voted against that ballot measure—and a nearly identical measure in 2008—by a margin of 3-to-1 that year.

But their opposition didn’t register with Gardner until he faced an electorate that voted for Obama in the 2012 presidential race. Now, his eyes are open. “The voters of Colorado have spoken on this issue,” Gardner told the Post. “To me, that’s the end of it.” What a difference a tight Senate election makes.

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GOP Senate Candidate Cory Gardner Disavows His Support for Fetal Personhood—After Sponsoring a Bill Last Year

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