The Return Of Back-Alley Abortions
Underground abortions have returned to the United States, just as pro-choice activists have warned for years. And women have started going to jail for the crime of ending their own pregnancies, or trying to.
This week Jennie L. McCormack, a 32-year-old mother of three from eastern Idaho, was arrested for self-inducing an abortion. According to the Associated Press, McCormack couldn’t afford a legal procedure, and so took pills that her sister had ordered online. For some reason, she kept the fetus, which police found after they were called by a disapproving acquaintance. She now faces up to five years in prison, as well as a $5,000 fine.
Idaho recently banned abortions after 20 weeks, and McCormack’s fetus was reportedly between five and six months old. But according to Alexa Kolbi-Molinas, a staff attorney for the ACLU’s Reproductive Freedom Project, under Idaho law, McCormack could have been arrested even if she’d been in her first trimester because self-induced abortion is illegal in all circumstances. “It doesn’t matter if it’s an 8- or 10- or 12-week abortion,” says Kolbi-Molinas. “If you do what you could get lawfully in a doctor’s office—what you have a constitutional right to access in a doctor’s office—they can throw you in jail and make you a convicted felon.”
While horrific, McCormack’s case is not unique. In recent years, several women have been arrested on suspicion of causing their own abortions, or attempting to. Most have come from conservative rural states with few clinics and numerous restrictions on abortion. In America’s urban centers and liberal enclaves, the idea of women being prosecuted for taking desperate measures to end their pregnancies might seem inconceivable, a never-again remnant of the era before Roe v. Wade. In fact, it’s a slowly encroaching reality.
Even more, these cases demonstrate that criminalizing abortion means turning women who have abortions into criminals.
In 2005, Gabriela Flores, a 22-year-old Mexican migrant worker, was arrested in South Carolina. Like McCormack, she had three children and said she couldn’t afford a fourth, and so she turned to clandestinely acquired pills. (The drug she took, Misoprostol, is an ulcer medicine that also works as an abortifacient and is widely used in Latin American countries where abortion is illegal.) Initially facing two years in prison, she ended up being sentenced to 90 days.
In 2009, a 17-year-old Utah girl known in court filings as J.M.S. found herself pregnant by an older man who is now facing charges of using her in child pornography. J.M.S. lived in house without electricity or running water in a remote part of the state, several hours’ drive from the nearest clinic, which was in Salt Lake City. Getting there would have required not just a car—her area had no public transportation—but money for a hotel in order to comply with Utah’s 24-hour-waiting period, as well as for the cost of the abortion itself.
According to prosecutors, when J.M.S. was in her third trimester, she paid a man $150 to beat her in the hopes of inducing a miscarriage. The fetus survived, but she was charged with criminal solicitation to commit murder. When her case was thrown out on the grounds that her actions weren’t illegal under the state’s definition of abortion, legislators changed the law so they would be able to punish women like her in the future.
Meanwhile, prosecutors have appealed J.M.S.’ case to the Supreme Court, and observers expect it to rule against her. She could still face a trial and prison time.
A woman doesn’t even have to be trying to abort to find herself under arrest. Last year, a pregnant 22-year-old in Iowa named Christine Taylor ended up in the hospital after falling down a flight of stairs. A mother of two, she told a nurse she’d tripped after an upsetting phone conversation with her estranged husband. Though she’d gone to the hospital to make sure her fetus was OK, she confessed that she’d been ambivalent about the pregnancy and unsure whether she was ready to become a single mother of three.
Suspecting Taylor had hurled herself down the stairs on purpose, the nurse called a doctor, and at some point the police were brought in. Taylor was arrested on charges of attempted feticide. She spent two days in jail before the charges were dropped because she was in her second trimester, and Iowa’s feticide laws don’t kick in until the third.
These cases are a harbinger of what’s to come as abortion laws become increasingly strict and abortion clinics harder to access in the more conservative parts of the country. They demonstrate the lengths to which women will go to end unwanted pregnancies. But even more, they demonstrate that criminalizing abortion means turning women who have abortions into criminals.
The antiabortion movement likes to see itself as pro-woman. Most of its spokespeople talk about protecting women from abortion, insisting they’re not interested in seeing them punished. “It’s tragic that this young woman felt that this was her only way out,” National Right to Life President Carol Tobias said in a statement in response to questions about the McCormack case. “The pro-life movement has never supported jail sentences for women who are victims of the abortion culture and abortion industry.”
Tobias said her group calls on Idaho officials “to engage in more publicity about the network of pregnancy resource centers and about the existence of Idaho’s safe haven law—either of which would have helped this young mother and saved her child.” But she didn’t call on them to release McCormack or to change the laws under which she’s being charged. If these sorts of prosecutions aren’t what the antiabortion movement had in mind when it pushed wave after wave of state-level legislation, now might be a good time to speak up.
By: Michelle Goldberg, Contributing Writer, The Daily Beast, June 3, 2011
United Nations Sharply Critical Of U.S. On Women’s Rights
The United Nations Rapporteur on violence against women, its causes and consequences, has issued a very critical report of the U.S. on its policies on women’s rights. The report is based on a trip of the Special Rapporteur to the US from 24 January to 7 February 2011. During that trip, Ms. Rashida Manjoo broadly examined issues of violence against women in different settings. Her recommendations should provide fruitful material for the U.S. to improve its policies towards women.
As indicated in the report, “Violence against women occurs along a continuum in which the various forms of violence are often both causes and consequences of violence.” Domestic violence or Intimate Partner Violence (IPV) is one of the most critical expressions of violence. According to the National Crime Victimization Survey (NCVS) 552,000 violent crimes by an intimate partner were committed against women in the U.S. in 2008.
Their husbands or intimate acquaintances are responsible for the majority of crimes against women. The Violence Policy Center states that the number of women shot and killed by their husbands or intimate acquaintances was four times higher than the total number of women murdered by male strangers using all weapons combined, according to an analysis of 2008 data.
Rape and sexual assault continue to be prevalent forms of violence against women in the country. According to the NCVS, 182,000 women were raped or sexually assaulted in the U.S. in 2008, i.e. approximately 500 women per day. In addition, there were 3.4 million persons who were victims of stalking, most of them women. 1 in 12 women and 1 in 45 men have been stalked in their lifetime in the U.S.
According to the U.S. Centers for Disease Control and Prevention statistics, the cost of intimate partner violence exceeds $5.8 billion each year. $4.1 billion of that amount is for direct medical and mental health services. Intimate partner violence incidents result in more than 18.5 million mental health care visits each year.
Children are also victims of violence carried out against their mothers. It has been shown that 30% to 60% of perpetrators of intimate partner violence also abuse children in the household. Witnessing violence between one’s parents or caretakers is the strongest risk factor for transmitting violent behavior among generations. In that regard, it has been shown that boys who witness domestic violence are twice as likely to abuse their own partners and children when they become adults.
Domestic violence offenses are one of the most chronically underreported crimes. It is estimated that only approximately one-quarter of all physical assaults, one-fifth of all rapes, and one-half of all stalkings carried out against females by intimate partners are reported to the police.
There are several reasons for these crimes not being reported. Among those reasons are: fear of retaliation from their abuser, the perception that the police will not respond adequately to the complaint or the belief that these are issues that should be privately addressed. According to a 2009 Department of Justice report, only 56% of intimate partner violence cases filed with the courts resulted in a conviction.
Women victims of domestic violence suffer a wide array of negative consequences, aside from the physical and psychological. Women victims of domestic violence face serious consequences in terms of economic instability, loss of employment and homelessness. In addition, violence against women is frequently seen among women in the military, women in detention, and among immigrant and undocumented women.
The extent of the phenomenon has made that violence against women is now recognized as an issue that belongs not only to the private sphere but that requires State intervention. According to the U.N. Rapporteur, the U.S. Government has taken positive legislative and policy initiatives to reduce the prevalence of violence against women.
Among those steps is the enactment and subsequent reauthorizations of the Violence against Women Act, as well as the establishment of dedicated offices on violence against women at the highest levels of government. However, according to the UN Rapporteur, more U.S. government actions are needed to curb a phenomenon that continues to cause tremendous harm to women’s health and quality of life.
By: Cesar Chelala, MD, PhD, CommonDreams.org, June 4, 2011
Tennessee Ushers In Era Of For-Rent Politicians With New Campaign Finance Law
During the 2010 election season, we heard Republican candidates from coast to coast run on creating jobs. In the 2011 Tennessee legislative session, the Republican majority forgot that message and went after teachers and teacher unions. Any other year this would have been enough to make the staunchest conservative proud, but in a session where Republican legislators presented bills by non-citizens with corporate interests, according to the Tennessean, the measure of success was also to include rewriting existing campaign laws to lift the ban on corporate donations. The ban was lifted late Wednesday when Gov. Bill Haslam signed into law SB 1915, which allows direct corporate donations to candidates.
SB 1915 changes existing law T.C.A. § 2-10-131 which did read: “No corporation may use any funds, moneys or credits of the corporation to make contributions to candidates. This means corporations are prohibited from making contributions to any PAC that supports the election or defeat of any candidate.” This has been nullified and allows for direct contributions without penalty.
For the first time in Tennessee history, direct corporate contributions to candidates and political parties will be allowed.
“This basically would just level the playing field, because unions are allowed to do this by statute now,” said Sen. Bill Ketron, R-Murfreesboro, according to the Nashville City Paper. Ketron was in the spotlight earlier this year, along with House Speaker Pro Tempore Judd Matheny, for introducing and sponsoring legislation they introduced without reading.
The argument for passing such legislation to allow the influx of corporate money into Tennessee politics was based on fairness. Republicans were quick to point to unions and their political action committees as justification of needing this change, implying that P.A.C. money was unfairly going to the Democrats. This was not the case.
When we examine the numbers, we find that it is the Republicans who are benefiting from PAC money by a margin of $3-$1, reports Knox News. SB 1915 was written to become law as soon as the governor affixed his signature to the bill. So corporate America, Tennessee is now open for business: You are free to directly contribute to any candidate you wish.
The 107th Tennessee General Assembly’s 2011 session was one filled with controversy and fundamental changes to our state’s political structure. While the majority worked to silence one voice in government, they simultaneously opened the door to another. Republican supporters of SB1915 contend that they are complying with the Citizens United ruling that extends First Amendment rights to corporations and lifts prior bans on corporate independent expenditures. Critics of the bill contend that it will lead to a decline in good government and pit legislators against each other for corporate donations.
In a time when citizens are getting more impatient with their representatives, how does allowing corporate influence increase accountability? The financial summary of SB1915 shows that it will actually cost taxpayers money to implement. Not only do the taxpayers get silenced by corporate interests, they get to pick up the tab of implementing the changes. Gov. Haslam has signed the bill and it is now law in Tennessee. Let the era of rental legislators begin. May the highest bidder win.
By: Chris Robison, Associated Content, June 2, 2011
Gov. Rick Scott May Personally Benefit From New Law That Hands Medicaid Program Over To Private Companies
Florida Gov. Rick Scott (R) signed “a landmark Medicaid overhaul” yesterday that will put “hundreds of thousands of low-income and elderly Floridians into managed-care plans.” The proposal “gives managed care companies more control over the program that’s paid for with federal and state money,” a shift the state GOP claims will “hold down spiraling costs in the $20 billion program.” However, as TP Health editor Igor Volsky pointed out, a five-county pilot program in Florida already revealed that such a plan produces “widespread complaints and little evidence of savings.” Under managed care, states “have to ensure that private payers aren’t looking out for short term profits by denying treatments or reducing reimbursement rates” and — given what occurred during the pilot program — the results “are already less than promising.”
But Scott may have another reason to push a dubious bill into law. As Mother Jones reported, one of the private managed-care companies that stand to gain from the new law is Solantic, “a chain of urgent-care clinics aimed at providing emergency services to walk-in customers. Solantic was founded in 2001 — by none other than Rick Scott:
The Florida governor founded Solantic in 2001, only a few years after he resigned as the CEO of hospital giant Columbia/HCA amid a massive Medicare fraud scandal. In January, according to the Palm Beach Post, he transferred his $62 million stake in Solantic to his wife, Ann Scott, a homemaker involved in various charitable organizations.[…]
“This is a conflict of interest that raises a serious ethical issue,” says Marc Rodwin, a medical ethics professor at Suffolk University Law School in Boston. “The public should be thinking and worrying about this.”
Scott’s office dismissed the conflict of interest concern as “incorrect and baseless.” However, Scott’s history of fraud with entitlement programs (in that case Medicare) should certainly raise a red flag here. And it is not as if Scott is completely clean when it comes to the mix between professional office and personal interest.
Incidentally, Scott also just signed a bill that will require anyone applying for welfare benefits to pay for a drug test to qualify for benefits. They will only recoup that fee if they pass. One company that provides such drug tests? Solantic.
By: Tanya Somander, Think Progress, June 3, 2011
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