“A Crisis Turned Catastrophe In Texas”: Women Have Been Relegated To Second Class Citizenship
Last night, a decision by the 5th Circuit Court of Appeals left Texas with no more than eight remaining abortion clinics. You would think by now the willingness of state lawmakers to deliberately create a health crisis among their constituents – and the willingness of the courts to allow it – would be no surprise. But I continue to be shocked.
“All Texas women have been relegated today to a second class of citizens whose constitutional rights are lesser than those in states less hostile to reproductive autonomy, and women facing difficult economic circumstances will be particularly hard hit by this devastating blow,” said the Center for Reproductive Rights’ Nancy Northrup.
House Bill 2 could be the grand finale in Texas’ efforts to completely dismantle its reproductive health infrastructure on which women – particularly poor women, women of color, young women, and immigrant women – have relied for decades. Pretty soon there won’t be any clinics left to close. Just three years ago, conservative lawmakers gutted the state’s family planning program, which closed approximately 80 family planning providers across the state, caused 55 more to reduce hours, and left hundreds of thousands of women without access to reproductive healthcare. Even before those programs were eviscerated, they provided care and services to only 20 percent of women in need.
And as if that wasn’t enough, lawmakers introduced HB2, a bill that imposes onerous restrictions on abortion providers and demands that all clinics meet costly – upwards of $1 million – building requirements to qualify them as ambulatory surgical centers (ASCs). Lawmakers claimed these regulations were critical to protecting the lives and health of Texas women, but that’s simply not the case. Currently more than three-quarters of the state’s ASCs have waivers that allow them to circumvent certain requirements: unsurprisingly, abortion providers are prohibited from obtaining those same waivers. HB2 quickly closed the majority of the state’s 41 clinics that offered abortion services – clinics that also provided birth control, pap smears, breast exams, pregnancy tests, and a host of other services. There are few, if any, providers to take their place.
These new restrictions add an unbearable weight to the burdens that too many of Texas’ women already shoulder. Texas has one of the nation’s highest unintended and teen birth rates. The nation’s lowest percentage of pregnant women receiving prenatal care in their first trimester. The highest percentage of uninsured children in the nation. High rates of poverty and unemployment and a woefully inadequate social safety net. And lawmakers who refuse to expand Medicaid, leaving nearly 700,000 women who would qualify for coverage without it.
Just a few weeks ago, Judge Lee Yeakel of the United States District Court in Austin gave health advocates an iota of hope when he ruled HB2 to be an undue burden on women’s constitutionally guaranteed right to an abortion. Yeakel’s decision wasn’t just significant because it delivered a win for humanity in Texas after countless losses, or because the concept of an undue burden was finally being used to protect – not erode – women’s right to chose, but because it was based on facts. Facts! Judge Yeakel relied on incontrovertible data to call BS on a law that purports to protect women, but has only ever been about abolishing abortion access.
He argued that for many women, HB2 might as well be an outright ban on abortion. He asked how the eight (at most) providers left could ever each serve between 7,500 and 10,000 patients. How would they cope with the more than 1,200 women per month who would be vying for limited appointments? “That the State suggests that these seven or eight providers could meet the demand of the entire state stretches credulity,” he said.
Yeakel acknowledged the complex intersections of women’s health and economic (in)security:
The record conclusively establishes that increased travel distances combine with practical concerns unique to every woman. These practical concerns include lack of availability of child care, unavailability of appointments at abortion facilities, unavailability of time off from work, immigration status and inability to pass border checkpoints, poverty level, the time and expense involved in traveling long distances, and other inarticulable psychological obstacles. These factors combine with increased travel distances to establish a de facto barrier to obtaining an abortion for a large number of Texas women of reproductive age who might choose seek a legal abortion.
Yeakel warned that the stated goal of improving women’s health would not come to pass. And it won’t. The increased delays in seeking early abortion care, risks associated with longer travel, the potential increases in self-induced abortions “almost certainly cancel out any potential health benefit associated with the requirement,” he said.
But Yeakel’s arguments were not compelling enough for the 5th Circuit, which finds it perfectly acceptable that more than one million women now need to travel more than 300 miles (and many women even further) to access health care that is constitutionally guaranteed to them.
This decision will have a ripple effect. Other anti-choice lawmakers across the country are following Texas’ lead, imposing similar restrictions on clinics and physicians who provide abortions. The vindication of Texas lawmakers who have used their legislative power to wreak havoc on the lives of women and families will only continue to embolden other states seeking the same goals.
Conservatives like to argue that they are not waging a war on women. Today there are a whole lot of us who find it impossible to argue otherwise.
By: Andrea Flynn, Fellow at the Roosevelt Institute, The National Memo, October 3, 2014
“Free Enterprise Groups”: How The Koch Brothers Helped Bring About The Law That Shut Texas Abortion Clinics
In Texas politics, abortion is front and center once again—and so is the role of so-called “free enterprise” groups in the quest for government control of women’s lives.
Yesterday, there were 21 abortion clinics available to the women of Texas, the second-largest state in the nation. Today, thanks to a decision handed down from a three-judge panel on the federal 5th Circuit Court of Appeals, there are eight. But the story really begins with the U.S. Supreme Court’s 2010 decision in Citizens United, and the flow of money to anti-choice organizations from groups that profess to care only for the deregulation of industry and markets.
The closing of some 13 abortion clinics today in Texas hinges on a provision of the highly restrictive, anti-abortion bill passed in the state legislature in special session in 2013—the part of the law that requires clinics to comply with the building code standards for hospital-quality ambulatory surgical clinics, despite the assertion of nearly every credible medical association that such requirements are medically unnecessary.
In fact, the most significant effect of the facility requirements is to prevent women from obtaining safe abortions, since the clinics cannot not afford the alterations to their facilities demanded by the law. And given the state’s other restrictions on abortion—a mandatory and medically unnecessary sonogram, a 24-hour waiting period and a ban on abortions taking place 20 weeks post-fertilization—you’d be forgiven for thinking that most significant effect to be by design.
That aspect of the law, as well as others, were challenged by the Center for Reproductive Rights and other pro-choice groups. In August, the groups won a reprieve from the requirement that clinics meet hospital building-code standards, as well as from another provision that requires physicians who perform abortions to have admitting privileges at a hospital within a 30-mile radius of the practice or clinic where they conduct the procedure. At that time, Judge Lee Yeakel of United States District Court in Austin ruled in the clinics’ favor.
Then Texas Attorney General Greg Abbott, the Republican candidate for governor, appealed Yeakel’s ruling, yielding Wednesday’s ruling from the three-judge panel in a decision that was contemptuous of Yeakel’s decision, declaring him to have exceeded his judicial authority.
But even more astonishing in the 5th Circuit’s opinion is its assertion that the shuttering of most of the state’s abortion clinics will not place an undue burden—the standard set in the Supreme Court’s 1992 decision in Planned Parenthood v. Casey—on women seeking abortions. According to the New York Times, some 5.4 million women of childbearing age live in the Lone Star State, which covers more than 268,000 square miles.
The ruling puts abortion politics front and center, once again, in the Texas gubernatorial race, just a month before Election Day. In truth, it’s the issue that’s provided the subtext of that race from the get-go, as the Democratic candidate, State Senator Wendy Davis, rose to national prominence for her fortitude in launching, on June 25, 2013, an 11-hour filibuster that temporarily forestalled passage of the law, as pro-choice demonstrators poured into the state capitol building. In his role as the state’s top lawyer, Abbott is charged with enforcing that law, and has done so with gusto
But, as I reported for RH Reality Check in November 2013, the rash of anti-abortion laws that flooded the agendas of state legislatures across the nation that summer were hardly the result of spontaneous uprisings; they were fueled with the dollars of such “free enterprise” groups as Freedom Partners, Americans for Prosperity, the Center to Protect Patient Rights and 60 Plus—all part of the fundraising network organized by Charles and David Koch, the billionaire principals of Koch Industries, the second-largest privately held corporation in the United States.
The brothers may care little about killing the right to choose, but that doesn’t mean they’ll hesitate to throw women under the bus if it helps them in their anti-regulatory, shrink-the-government crusade. Religious-right leaders, in recent years, theologized the free-market cause, providing the Kochs and their ilk with foot-soldiers willing to execute it, if only they could find their way to political power.
In the wake of the 2010 Supreme Court decision in Citizens United, which gave license to groups like those mentioned above to spend unlimited sums in elections without disclosing their donors, millions of free-enterprise dollars flowed to anti-choice groups and politicians. (In Texas, for example, Rep. Jodie Laubenberg, the sponsor of the House version of the draconian 2013 abortion law, was also president of the state chapter of the American Legislative Exchange Council (ALEC), the influential right-leaning group, supported by the Kochs, that crafts legislation designed to cut regulations on corporations.) The Koch network money led to an unprecedented number of anti-choice politicians elected to state legislatures in 2010 and 2012.
With a month to go before voters hit the polls, Wendy Davis is gaining on Greg Abbott, but a recent poll still has her 9 points behind the Republican. He’s likely to enjoy a flood of outside spending on his behalf by the Koch-network groups.
Then there’s money in their respective campaign coffers. “In July, Abbott had $35.6 million on hand,” reports Wayne Slater of the Dallas Morning News, “while Davis had $8.8 million.”
In Texas, as in much of the nation, it’s hard for a woman to catch a break.
By: Adele M. Stan, The American Prospect, October 3, 2014
“Barack The Dog”: Reflections Of A GOP Strain Of Persistently Contemptuous Attitudes Towards Women
If you haven’t seen the new Americans For Shared [sic!] Prosperity ad targeting unmarried women, you might want to check it out and then take a long shower:
Yes, the President of the United States is depicted as one of those sleazy dudes some women meet on internet dating services who turn out to be abusers who routinely lie, cheat, steal and spy. The ad doesn’t suggest Barack the Bad Boyfriend is prone to physical violence, but otherwise the whole rap is highly suggestive of the excuses often made by women who stay in abusive relationships, notes The Wire‘s Arit John:
At one point the woman uses phrasing domestic abuse survivors use to describe why they stayed with their partners. “But I stuck with him, because he promised he’d be better,” the woman says. “He’s great at promises.” This is reminiscent of the recent #WhyIStayed hashtag on Twitter in the wake of the Ray Rice domestic violence video. Women explained that they stuck with their abusers in part because he or she promised they’d stop, promised they’d change, or promised they’d never do it again.
John clearly thinks the ad is deliberately exploiting the recent publicity over domestic abuse by NFL players.
It’s not, however, entirely new. As MSNBC’s Anna Brand shows, the theme of Barack Obama as a bad boyfriend was used in the series of ads Republicans and pro-Republican groups aimed at 2008 Obama voters in 2012.
Similar words were uttered in a 2012 ad called “Boyfriend” launched by conservative group Independent Women’s Voice.
“I wanted to believe him, I trusted him,” one woman says to her friend sitting beside her on a couch. “Listen, we all did,” the friends responds.
“Why do I always fall for guys like this?” the first woman laments.
In a 30-second ad by the Republican National Committee in 2012 entitled “The Breakup,” a woman “breaks up” with a cardboard cutout of President Obama sitting across from her at a white tablecloth restaurant. “You’re just not the person I thought you were. It’s not me, it’s you,” she says over cocktail music followed by a prompt to “tell us why you’re breaking up with Obama.”
This pitch obviously didn’t work in 2012. Why are Republicans (at least some of them) going back to it now? One might be tempted to think it reflects a strain of persistently contemptuous attitudes towards women, those incorrigibly “emotional” critters for whom snaring Mr. Right while avoiding Mr. Wrong is the center of their existence and the most powerful metaphor imaginable.
I’d say this “argument” also may reflect some frustration on the part of conservative men who just don’t “get” the Democratic voting predilections of women, and thus have to mark it up to seduction. Back in the 90s, some wag (don’t remember exactly who it was) attributed some of the conservative male fury at Bill Clinton to astonishment that a dog like the Big Dog could get so many women to “sleep with or vote for him.” It’s almost as though Republican men aren’t quite adequate themselves, you know? The “‘Dating Profile” ad does look like it was conceived in a man cave with the assistance of a twelve-pack of beer.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, September 24, 2014
“Tell The Misses Not To Wait Up”: Florida Congressman Finds New Ways To Alienate Women
This election season, there are really only a handful of House Republican incumbents who are in real trouble. Freshman Rep. Steve Southerland (R), who narrowly won in his North Florida district in 2012, is one of them.
In a district in which registered Democrats outnumber Republicans, it seems Southerland would be smart to play it safe and try to avoid alienating key constituencies. And yet, the GOP congressman seems to have a knack for pushing women voters away.
For example, Southerland was recently caught misleading voters about his vote on the Violence Against Women Act. Making matters worse, voters recently learned the conservative lawmaker hosted a men-only fundraising event a few months ago. The invitation, obtained by BuzzFeed, encouraged attendees to “tell the misses not to wait up” because “the after dinner whiskey and cigars will be smooth & the issues to discuss are many.”
Southerland’s opponent, school administrator Gwen Graham (D), criticized the fundraiser, prompting the congressman to make matters just a little worse.
Asked to respond to the Democrats’ criticism that he’s anti-women, Southerland laughed and said: “I live with five women. That’s all I’m saying. I live with five women. Listen: Has Gwen Graham ever been to a lingerie shower? Ask her. And how many men were there?”
He didn’t appear to be kidding. In Southerland’s mind, a sitting congressman hosting a policy discussion with donors is comparable to women hosting a “lingerie shower.”
Just as an aside, I’ll confess to having the exact same reaction to this as the Miami Herald’s Marc Caputo: “What’s a ‘lingerie shower?’ Most people know what baby showers are. And a few are probably familiar with lingerie shows. To combine the two is kinda creepy.” When a reader noted that “lingerie showers” are usually held for brides to be, Caputo added, “And that makes Southerland’s comment even less helpful to his cause.”
MSNBC’s Anna Brand talked to Gwen Graham’s campaign manager about Southerland’s comments.
Graham’s campaign manager Julia Gill Woodward responded to the comparison to msnbc, saying “This isn’t just stuff Steve Southerland says; given his pattern of troubling actions and disturbing comments, it is obviously what Steve Southerland believes. Southerland says these things out of a fundamental disrespect for women.”
“Only if Southerland disrespects women could he hold an official, Men-Only Southerland campaign fundraiser and laugh it off after the fact,” Woodward continued. “Only if Southerland disrespects women could he air TV ads claiming to have voted for The Violence Against Women Act while he actually voted against it in Congress. Only if Southerland disrespects women could he make this insulting ‘lingerie party’ comment about a woman like Gwen Graham.”
The DCCC’s interest in this race was strong before. I have a hunch it just got stronger.
By: Steve Benen, The Maddow Blog, September 15, 2014
“Policies And Attitudes, That’s Just How They Roll”: Why Republicans Can’t Solve Their Problem With Women Voters
I’ll give Republicans credit for this: they keep trying to figure out why their party remains unappealing to large and important groups of voters. They’ve been mulling over their problem with Latino voters for some time, and now Politico has gotten a hold of a study commissioned by some GOP bigwigs to figure out why women keep giving more of their votes to Democrats:
But in Washington, Republican policies have failed to sway women — in fact, they appear to have turned women off. For example, the focus groups and polls found that women “believe that ‘enforcing equal pay for equal work’ is the policy that would ‘help women the most.'”
“Republicans who openly deny the legitimacy of the issue will be seen as out of touch with women’s life experiences,” the report warned, hinting at GOP opposition to pay-equity legislation. It’s the policy item independents and Democrats believe will help women the most.
The groups suggest a three-pronged approach to turning around their relationship with women. First, they suggest the GOP “neutralize the Democrats'” attack that Republicans don’t support fairness for women. They suggest Republican lawmakers criticize Democrats for “growing government programs that encourage dependency rather than opportunities to get ahead.” That message tested better than explaining that the GOP supports a number of policies that could help fairness for women.
The last time a Republican presidential candidate won a majority of women’s votes was 1988, and it’s hard to see it happening again soon unless there’s a huge blowout. While it’s all well and good to investigate the issue to try to understand it in as much detail as possible, I have some bad news for Republicans: This isn’t a problem they’re going to be able to solve.
That’s because both their policies and their attitudes are working against them. It isn’t just that Republicans oppose reproductive rights, though that doesn’t help. And it isn’t just that they oppose mandating contraceptive coverage in insurance, though that doesn’t help either. It’s that when they articulate those policy positions and others like them, they can’t keep themselves from doing so in the most hostile, contemptuous ways imaginable. That doesn’t apply to all of them, of course; maybe not even most of them. But any debate about an issue affecting women in particular is 100-percent guaranteed to feature at least a few prominent conservatives, including those who have their own radio and television programs, saying loudly that the women who disagree with the Republican position are sluts and whores. That’s just how they roll.
Karl Rove can say to his compatriots, “Let’s ease up on the ‘legitimate rape’ stuff, fellas,” but unfortunately for him and the other people who spend time thinking about the GOP’s challenges, a party can’t speak with one voice. Whenever a discussion starts about an issue like equal pay, everybody gets to weigh in, from the most sober senator to the most rabid Tea Partier to the most hateful talk radio host. And since we now have a highly developed outrage industrial complex, the appalling comments will be repeated and distributed, ensuring that everyone hears them. And even when they aren’t being outright offensive, Republicans are more likely to communicate their believe in condescending, outdated gender norms.
All of which means that the idea that Republicans are none too friendly to women is constantly reinforced, in ways both substantive and emotional. If you’re a woman, you’re not happy when the Republican party blocks equal pay legislation. But when you then hear some of them try to argue that the wage gap isn’t really a problem in the first place, and maybe you should just be staying at home with your kids anyway, well that’s going to really piss you off. And having a bunch of GOP bros tell you that they’re the real pro-women party because they don’t want people to depend on government isn’t going to go too far to change that.
Now take all that, and imagine what the atmosphere will be like if Hillary Clinton is the Democratic nominee in 2016. There will be a tsunami of misogynistic hate directed at Clinton, which we know because she’s always generated a particularly ugly brand of male sexual panic in conservatives. If she’s actually threatening to become president, it’ll be worse than ever. In the face of that, the Republicans who try to argue that their party has something to offer women voters are going to get laughed right out of the voting booth.
By: Paul Waldman, Contributing Editor, The American Prospect, August 28, 2014
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