“Republicans Find Their Next Anti-Choice Innovation”: Coming Up With New Ways To Restrict Abortion Rights; The Government Decides
If you’re looking for true Republican policy innovations, don’t bother with tax policy or national security; the place where the GOP is really exercising its creativity is in coming up with new ways to restrict abortion rights. In the latest inspired move, Republican state legislators in Ohio have introduced a bill to make it illegal for a woman to terminate her pregnancy because she has discovered that the baby would have Down syndrome. The bill is expected to pass, and though he hasn’t yet taken a position on it, it would be a shock if Governor John Kasich—who is both an opponent of abortion rights and currently in search of votes in the Republican presidential primary—didn’t sign it.
After it passes in Ohio (and even if by some strange turn of events it doesn’t), look for identical bills to come up in state after Republican-controlled state. Anyone who objects will of course be accused of wanting to kill children with disabilities.
As the New York Times article about the Ohio bill notes, this isn’t entirely unprecedented; there are a few states that have outlawed abortion for sex selection, and North Dakota has a similar law passed in 2013 forbidding abortions because of fetal genetic anomaly, though “advocates are not aware of enforcement of any such laws in the states that have them.” But this one lands not only in during a presidential primary, but also amid Republicans’ latest offensive against Planned Parenthood, driven by secretly recorded videos in which Planned Parenthood officials discuss the transfer of fetal tissue for research.
That effort may not accomplish all that much; while many conservatives (and a few presidential candidates) would like to shut down the government in order to “defund” the group, that probably won’t happen, and efforts by states to discover that Planned Parenthood is doing something illegal have come up empty. But it still creates a context in which Republicans are aggressive on the issue of abortion—particularly when it may be the only “culture war” issue on which they aren’t in full retreat.
This is one of those issues where there’s an emotionally freighted case for one side, a case that can seem compelling as long as you don’t think about it too deeply. Conservatives will argue that the law is necessary because so often when women learn that a fetus they’re carrying has the genetic anomaly that causes Down’s, she winds up having an abortion. And they’ll note that people with Down’s can have happy, fulfilling lives, which they can. They’ll no doubt tell stories of wonderful individuals they know who have the condition.
But if the question is only, “If this woman carried her pregnancy to term, would it be possible for the baby that would ultimately result to have a happy, fulfilling life?” then no abortion would be allowed. Some women have abortions because they got pregnant accidentally and are too young to raise a child. Is it possible for a child born to a young woman to grow up to have a happy, fulfilling life? Of course. Some women have abortions because they don’t want to raise a child with the biological father. Is it possible for a child raised by a single mother to grow up to have a happy, fulfilling life? Of course. Some women have abortions because they already have all the children they want. Is it possible for a child born to a family that already has plenty of children to grow up to have a happy, fulfilling life? Of course.
But if we’re going to say that a woman who wants to end her pregnancy because of Down syndrome will be legally barred from doing so, we’re saying that it will now be the government’s job to evaluate whether her reasons are good enough, and if the government thinks they aren’t, then she will be forced against her will to carry the pregnancy to term. For all the restrictions Republicans have successfully placed on abortion rights throughout the country, it isn’t yet the case that women have to explain to the government why they want the abortion and prove that they’re doing it for what the government considers the right reason.
Perhaps to expedite things, every women’s health clinic could come equipped with a special hotline to the state legislature, where any woman who wants to end her pregnancy would have to justify it to a Republican state representative, who would have the final say. Maybe that will be the next bright policy idea from the party that says it’s committed to getting government off your back.
By: Paul Waldman, Senior Writer, The American Prospect, August 23, 2015
“Punishing Those With Uteruses More Severely”: The States Sending Pregnant Addicts to Jail, Not Rehab
In response to a nationwide heroin epidemic, some Cincinnati hospitals are starting a new program to test all mothers or their infants for opiates, not just those deemed to be at risk based on their background.
The program is intended to help physicians identify newborns who could suffer from Neonatal Abstinence Syndrome (NAS), a group of symptoms related to drug withdrawal including excessive crying, irritability, diarrhea, and seizures. Mothers who test positive will be referred to treatment while their newborns receive extended care.
It’s a bold approach to a growing problem but it may only be effective in a state like Ohio, which, unlike many states, does not punish pregnant women who suffer from drug addictions. Women already bear the brunt of the heroin epidemic and they may face additional criminal and civil consequences if they become pregnant while using drugs.
According to the Centers for Disease Control and Prevention (CDC), heroin use has more than doubled among adults ages 18 to 25 in the last decade, and heroin-related overdose deaths have nearly quadrupled between 2002 and 2013. Among women, heroin use has increased by a staggering 100 percent from 0.8 to 1.6 users per 1,000 people, as compared to a 50 percent increase among men across the same time period.
Over roughly the same time period, the prevalence of NAS has increased from 1.2 to 3.39 per 1,000 hospital births, becoming a pressing public health problem in neonatal ICUs.
In light of the spike in heroin use, the CDC recommends that states increase access to treatment for drug addiction. But some states seem to believe that the best way to help NAS newborns is by threatening their mothers with jail time instead of providing treatment and social support.
In 2014, a Tennessee law went into effect allowing pregnant women who take narcotics while pregnant to be charged with aggravated assault, which could result in a 15-year prison sentence. In so doing, the state earned the dubious honor of becoming the first to pass a specific law that would punish drug-addicted pregnant women.
Weeks after it went into effect, a 26-year-old mother who admitted to using meth before childbirth became the first woman to be charged under it.
“Hopefully it will send a signal to other women who are pregnant and have a drug problem to seek help. That’s what we want them to do,” a county sheriff told the local ABC affiliate.
But critics including the American Civil Liberties Union (ACLU) and The American Congress of Obstetricians and Gynecologists (ACOG) say that such measures do not encourage women to seek help but rather discourage them from seeking prenatal care. Some medical experts even believe that legal prohibitions on pregnancy during drug use may increase abortions among women who would feel pressure to terminate their pregnancies in order to avoid prosecution.
And if Tennessee lawmakers are truly concerned about the welfare of drug-addicted pregnant women, perhaps they should consider funding a specific program to help them recover.
As it turns out, the states that punish drug-addicted pregnant women and the states that prioritize their welfare have a disappointingly narrow intersection. According to the Guttmacher Institute (PDF), 19 states have created or funded targeted drug treatment programs for pregnant women. Tennessee does not number among them. Nor do 10 of the 18 states where it is considered child abuse, although five of them do give pregnant women priority access in general programs.
Of the 15 states that require mandatory reporting to the state when substance abuse is suspected, only six have created or funded treatment programs for pregnant women.
Including Tennessee, a handful of states have gone beyond state reporting requirements and standard definitions of child abuse.
In 2013, the Alabama Supreme Court upheld the conviction of two mothers who had used drugs while pregnant and ruled that drug use during pregnancy constituted chemical endangerment of a child because “the plain meaning of the word ‘child’ in the chemical endangerment statute includes unborn children.”
With this ruling, Alabama joined the South Carolina Supreme Court, which ruled in 1997 that a viable fetus was a “person” and that “maternal acts endangering or likely to endanger the life, comfort, or health of a viable fetus” could be considered criminal child abuse.
Neither Alabama nor South Carolina has funded specific substance abuse treatment programs for pregnant women.
Reuters reports that five other states have tried to pass legislation similar to Tennessee’s new law. In March, for example, North Carolina legislators pushed for a law that would classify drug use while pregnant as assault, a class 2 misdemeanor in the state.
But women who use drugs while pregnant have also been charged under the “fetal harm” and “fetal homicide” laws that are already found in a majority of states. Last year, a chronically depressed and uninsured Wisconsin woman named Tamara Loertscher spent 17 days in jail because clinic discovered methamphetamines and marijuana in her system when she went in for a pregnancy test. Loertscher said that she stopped using drugs as soon as she suspected she was pregnant but it was too late.
Many “fetal homicide” laws were originally intended to punish those who injured or killed pregnant women—now they are being applied to punish and demonize pregnant women themselves.
As ACOG notes, several major medical and public health organizations in the United States have argued that states should try to curtail drug and alcohol use during pregnancy through treatment rather than criminal prosecution. The American Medical Association fought the 2013 Alabama Supreme court ruling and opposes legislation that criminalizes drug use during pregnancy. And the American Psychiatric Association said in a 2001 position statement that “societal resources [should] be directed not to punitive actions but to adequate preventive and treatment services for these woman and children.”
Even new universal testing initiative in Cincinnati is not without controversy. As Reuters reports, some advocates would prefer a screening program for pregnant women to mandatory testing. But if mandatory testing can be effective anywhere, it would be in a state like Ohio where there are no criminal consequences for drug-using pregnant women, no mandatory reporting requirement, and state-funded treatment available for pregnant women.
What a novel idea: Help people recover from drug addiction instead of punishing the ones who have uteruses more severely.
By: Samantha Allen, The Daily Beast, August 12, 2015
“Judgment Of A Woman’s Value”: Republicans Make Their Incredibly Unpopular Abortion Position Crystal Clear
With all the talk about Donald Trump and Megyn Kelly, people might not have noticed that there was quite a bit of discussion of abortion in Thursday’s Republican debate, and that discussion is continuing through today. While it wouldn’t be accurate to say the party and its candidates are moving to the right, what’s happening is that they’re making clear just how far to the right they are.
One moment in the debate that may have struck some as odd occurred when Marco Rubio got a question about him supporting exceptions for rape and incest victims to abortion bans, and he insisted that he supports no such thing. Mike Huckabee declared that “I think the next president ought to invoke the Fifth and Fourteenth Amendments to the Constitution now that we clearly know that that baby inside the mother’s womb is a person at the moment of conception.” Scott Walker went even further, stating his opposition to exceptions to save the life of the pregnant woman (“I’ve said many a time that that unborn child can be protected, and there are many other alternatives that can also protect the life of that mother”). Walker recently signed a ban on abortions after 20 weeks, which did contain an exception to save the life of the mother, but no exceptions for rape or incest.
This is a deeply unpopular position, to say the least. When pollsters ask whether people think that rape and incest victims should be able to get abortions, more than 80 percent will say yes, including majorities of Republicans (there are some examples here). Between 60 and 70 percent are against overturning Roe v. Wade, a position on which Republicans are united. And the GOP platform has for some time called for a complete ban on abortion without any exceptions.
Rubio in particular is attempting to take a radical position and present it as the soul of thoughtful moderation. Yesterday, he went on “Meet the Press” and clarified that he has supported legislation with rape and incest exceptions because “I’ll support any legislation that reduces the number of abortions,” and if that means voting for a ban that contains those exceptions, he’ll go along. But I don’t think Rubio is quite telling the truth on that point. For instance, I doubt he’d support legislation that mandates comprehensive and fact-based sex education and does away with the farce of “abstinence only” — which would absolutely reduce the number of abortions. What he really means is that he’ll support any legislation that reduces abortion by restricting women’s reproductive rights.
Even though I’m firmly pro-choice, I’ll grant that Rubio (and the party itself) is being intellectually consistent by opposing rape and incest exceptions to abortion bans. If you think abortion is murder, then you should believe it’s murder no matter what led to a woman becoming pregnant. When you say we’ll make exceptions for rape and incest victims, what you’re saying is that whether a woman is able to get an abortion should be a function of someone else’s judgment of her virtue. If she got pregnant because she was the victim of a crime, then okay, she can have the abortion. But if she willingly had sex, then she should be punished by being forced to carry her pregnancy to term.
If Rubio is at all different from other members of his party, it’s only in his tone. Here’s what he said when Chuck Todd asked where the line is between the fetus’ rights and those of the woman:
That’s why this issue is so hard. There is no doubt that a woman has a right to her own body, has a right to make decisions about her own health and her own future. There’s no doubt. And there’s this other right, and that’s the right of a human being to live. And these rights come into conflict when it comes to this issue, and so you have to make a decision. And it’s hard. I don’t say it’s easy. Listen, you’re 15 years old, and you become pregnant, and you’re scared, and you have your whole life ahead of you, and you’re facing this, that is a hard situation. I tell people all the time, don’t pretend this is easy. This is a difficult question. But when asked to made a decision between two very hard circumstances, I’ve personally reached the conclusion that if I’m going to err, I’m going to err on the side of life.
There’s a lot of empathetic language there, but here’s the substantive difference between Marco Rubio and other Republicans on this issue: Other Republicans won’t even acknowledge that women have any right to control their own reproductive lives, while Rubio says women have such a right, but believes that in practice that right should always be trumped by the state’s desire to force her to carry that pregnancy to term. Which means that he doesn’t actually believe her right exists. He sounds a lot friendlier when he says it, though.
I’m sure he hopes that will be enough to overcome the fact that he’s taking a position most Americans disagree with. And in the right circumstances, it might be — so long as this isn’t an important issue on Election Day, and Democrats aren’t making too much of a big deal about all that “war on women” stuff. Republicans probably shouldn’t count on that, though.
By: Paul Waldman, Senior Writer, The American Prospect; Contributor, The Plum Line Blog, The Washington Post, August 10, 2015
“Anti-Choice Balloon Payment Due”: GOP’ers, We Should ‘Rule With Fear’
You may well consider the manuevering among Senate Republicans over an amendment to “defund” Planned Parenthood as part of a transportation bill to represent just another episode of symbolic Kabuki Theater. After all, pursuing such an amendment would have almost certainly run into the teeth of a Senate Democratic filibuster, and failing that, a presidential veto that Republicans do not have the votes to override. So who really cares how far down the road to perdition the amendment was allowed to proceed?
But for serious antichoice types, the answer to this question would be: We do, and thus the entire GOP we’ve been propping up for decades should, too. That’s pretty much the message sent by conservative columnist Emmanuel Gobry at The Week today:
I sincerely believe in the pro-life agenda. And it frustrates me to no end that even as pro-lifers have delivered electoral majorities to the GOP over and over again, the GOP has not kept up its end of the bargain. Five Republican-appointed justices sit on the Supreme Court, and yet Roe v. Wade is still the law of the land.
Early this year, the GOP failed at what should have been a simple task: Pass an enormously popular late-term abortion ban. Passing a bill that polls well, and is symbolically very important to your biggest constituency, ought to be the no-brainer to end all no-brainers. But Republican politicians couldn’t even do that.
And now, after the devastating revelations that Planned Parenthood routinely engages in the sale of baby organs for profit — something that is illegal, unethical, and disgusting on at least 12 different levels — GOP Senate Majority Leader Mitch McConnell couldn’t bring himself to allow to the Senate floor a bill to defund that activity by Planned Parenthood. Why not? Because he wants to pass a highway bill instead — a pork-laden monstrosity that comes with the disgusting cherry on top that is the reauthorization of the Export-Import Bank, a corporate welfare program that free-market conservative activists particularly detest
The road Gobry wants the GOP to take on abortion legislation will inevitably end at a government shutdown that will backfire on Republicans. And Lord knows Senate Republicans have used every code word imaginable to elicit a negative position on Roe v. Wade from judicial nominees, especially since the Souter “stab in the back,” but hey, the current fly in the ointment, Anthony Kennedy, was the appointee of The Gipper himself, the man who made uncompromising opposition to reproductive rights an unchanging part of the GOP platform.
But I guess if you think legalized abortion is an American Holocaust, as folks like Gabry often suggest, then you’re probably going to insist on results for your decades-long investment of energy, money, votes and agitprop. I mean, if anti-choicers can successfully convey the lie that they are only concerned about a tiny number of late-term abortions that “shock the conscience” of the casual, murder-tolerating Good Germans in the political center–when their real goal is to ban the vast majority of abortions that occur in the first trimester, that do not shock that many consciences–then can’t the GOP contrive some way to get the ball over the goal line? So that leads to the sort of strict liability, “no excuses” demand that Gobry issues:
We should rule with fear. For the past 30 years, we’ve been bringing a hymnal to a gunfight. The Tea Party has shown how it’s done: Don’t like someone? Primary them. End their political career. That’s the only thing politicians fear.
I’m done waiting. I hope you are, too.
Before you chuckle at the arrival of another intra-GOP fight over priorities, keep in mind that if Republicans win the White House and hang onto the Senate, they will indeed run out of excuses for saying “later” to their antichoice activists. Perhaps they’ll be forced to resort to the “nuclear option” to get rid of any possible filibuster against antichoice legislation or the next Republican Supreme Court nominee. As for said nominee, I think we will see an end to all of the dog-whistling about abortion; no matter how much it violates every premise of our legal system to pre-commit judges to a position on future litigation, we’ll see nominees who are all but visibly frothing to overturn Roe. In other words, if 2016 goes their way, the antichoicers may be able at long last to call in what I’ve referred to as a balloon payment on their mortgage on the soul of the GOP.
By: Ed Kilgore, Contributing Writer, Political Animal Blog, The Washington Monthly, JUly 28, 2015
“What Is The GOP Thinking?”: The Nation Will Have To Stand By Until Realists And Ideologues Reach Some Sort Of Understanding
There they go again. Given control of Congress and the chance to frame an economic agenda for the middle class, the first thing Republicans do is tie themselves in knots over . . . abortion and rape.
I’m not kidding. In a week when President Obama used his State of the Union address to issue a progressive manifesto of bread-and-butter policy proposals, GOP leaders responded by taking up the “Pain-Capable Unborn Child Protection Act” — a bill that would ban abortions after 20 weeks of pregnancy. But a vote on the legislation had to be canceled after female GOP House members reportedly balked over the way an exception for pregnancies resulting from rape was limited.
The whole thing was, in sum, your basic 360-degree fiasco.
At least there are some in the party who recognize how much trouble Republicans make for themselves by breaking the armistice in the culture wars and launching battles that cannot be won. It looks as if the nation will have to stand by until GOP realists and ideologues reach some sort of understanding, which may take some time.
It’s important to understand that the “Pain-Capable” bill was never anything more than an act of political fantasy. The only purpose of the planned vote was to create an “event” that the annual antiabortion March for Life, held Thursday in Washington, could celebrate.
You might think the demonstrators already had reason to cheer. The abortion rate is at “historic lows,” having dropped by 13 percent in the decade between 2002 and 2011, according to a recent report by the Centers for Disease Control and Prevention. The main reason is that there are fewer unwanted pregnancies, which suggests logically that if Republicans really want to reduce abortion, what they should do is work to increase access to birth control.
More to the point, according to the CDC, only 1.4 percent of abortions take place after 20 weeks. This means the bill, if it somehow became law, would have minimal impact.
But it won’t become law, as everyone in Congress well knows. The White House has announced that Obama would veto the measure, if it ever reached his desk. To get that far, the bill would have to pass the Senate, where Majority Leader Mitch McConnell (R-Ky.) would have to win over enough Democrats to cross the 60-vote threshold, which is highly unlikely.
Theoretically, though, any reasonable-sounding antiabortion measure should at least be able to make it through the House, with its expanded GOP majority. But even in the context of today’s far-right Republican Party, the “Pain-Capable” bill struck many House members, particularly women, as unreasonable.
At issue, apparently, is that, in making exceptions for abortions of pregnancies resulting from rape, the bill specifies that the rape must have been reported to law enforcement. This restriction cannot help but bring to mind the grief Republicans suffered in 2012 over Senate candidate Todd Akin’s appalling attempt to distinguish between “legitimate rape” and some other kind of rape.
Although the House leadership maintained that all was sweetness and light, reporters heard rumblings Wednesday that the bill was in trouble with moderate Republicans, especially women. Then an unusual number of female GOP House members was seen leaving the offices of the majority whip. Then the bill was pulled and a different antiabortion measure — prohibiting federal funding for abortions — was substituted.
I should note that there is no generally accepted scientific basis for the premise of the “Pain-Capable” bill. The American College of Obstetricians and Gynecologists has said there is no legitimate research supporting the idea that fetuses feel pain at 20 weeks.
I understand that, for those who believe in their hearts that abortion is murder, there is an imperative to do something, anything, to stop it. Some people have similar moral passion about capital punishment or the thousands of lives lost each year to gun violence.
Given that the Supreme Court has decided abortion is a legally protected right, the antiabortion movement has done what it could — made abortions very difficult to obtain in some states where the pro-life position has sufficient support. Hooting and hollering on Capitol Hill do nothing for abortion opponents except fleece them of campaign contributions.
People, we are in an economic recovery whose fruits are not reaching the middle class. We have a crucial need to address U.S. infrastructure and competitiveness. We face myriad challenges abroad, including Islamic terrorism and global warming.
If a renewal of the culture wars is your answer, Republicans, you totally misheard the question.
By: Eugene Robinson, Opinion Writer, The Washington Post, January 22, 2015
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