“Back Street Abortions?”: New Law Could Force All Of Louisiana’s Abortion Clinics To Close
Women in Louisiana could lose all access to abortion services if the state succeeds in enacting a secretive overhaul of its clinic regulations. The requirements are so stringent that every one of the five clinics currently operating in Louisiana would have to close, according to a lawyer advising the clinics. The new regulatory framework would also impose a de facto 30-day waiting period for many women—an exceptional requirement.
“What it amounts to is a back door abortion ban,” said Ellie Schilling, a New Orleans attorney. “The way the [Department of Health and Hospitals] went about passing these regulations was in a secretive and undemocratic way. The public definitely doesn’t know what’s going on.”
DHH enacted the overhaul just before Thanksgiving, when it passed the rules as an emergency measure, effective immediately—exempting them from the normal comment period. None of the clinics were given notice; one heard about the declaration of emergency from anti-abortion protestors.
It isn’t clear what emergency the agency was responding to. There has been virtually no reporting on the new rules, and DHH did not respond to questions submitted Monday. The Declaration of Emergency states that the agency proposed the licensing standards in order to comply with two acts passed by the Louisiana legislature in 2013, but a complete overhaul goes well beyond their demands. DHH formally declared its intentions to make the emergency rules permanent in December.
According to Schilling, the law gives the agency the ability to shut down every existing clinic in Louisiana immediately, by imposing new space requirements that none of the existing clinics meets. Providers would lose some of their rights to appeal noncompliance citations, while new and complex documentation and staffing requirements create more opportunities for DHH to cite clinics for deficiencies. “Deficiencies are used to create this impression of clinics being repeat offenders, and that’s a basis for revoking their license,” explained Schilling.
The regulatory overhaul would also give the state tools to prevent new clinics from getting a license. Proposed facilities—like a $4.2 million Planned Parenthood health center on South Claiborne Avenue in New Orleans—would have to prove to DHH that their services are needed; it’s unclear what criteria the agency would use to determine need. “It certainly seems that one intention is to prohibit Planned Parenthood from entering the market,” Schilling said. (Planned Parenthood clinics in Louisiana do not currently offer abortion services. “We are evaluating all our options” in light of the regulations, a spokesperson said.)
The new rules place a significant, unjustified burden on women by requiring that they undergo blood tests at least a month before an abortion procedure. That means that unless a patient happens to have gone to the doctor previously and had those tests done by chance, she will face a mandatory 30-day waiting period.
“I’ve never seen anything like this. It’s pretty outrageous,” said Elizabeth Nash, state issues manager at the Guttmacher Institute.
Louisiana already has a 20-week cutoff, and so the waiting period could dramatically shorten the window in which women are legally allowed to have abortions. There is no medical rationale for conducting those particular tests so far in advance; they are routinely conducted by providers prior to an abortion, and legislation passed in 2003 that tightened the laws governing Louisiana’s abortion providers stipulated that they had to be done within 30 days of the procedure. To the contrary, forcing women to delay the procedures increases their expense, and raise the risk of complications.
Dozens of other states have passed waiting periods or regulations, known as Targeted Regulation of Abortion Providers, or TRAP laws, which single out abortion providers with burdensome rules. But Nash said that a de facto 30 day waiting period combined with requiring clinics to prove need for their services makes Louisiana’s law striking. “It’s a great way to eliminate access,” said Nash.
All that’s stopping the state from completing the overhaul, Schilling said, is going through the motions of a public hearing. One is scheduled for Wednesday morning in Baton Rouge, but bad weather threatens to cancel it. It isn’t clear if the state would hold another hearing, as it was already scheduled at the very end of the comment period. Legal challenges would surely follow, but as Nash warned, rolling back clinic regulations in the courts is challenging.
“As it is right now, you have to go to the major cities to have procedure done. If these clinics close, where will the patients go? Then what are we back to? Back street abortions?” said Missy Cuevas, who is fighting a legal battle with the state after her New Orleans clinic lost its license a little over a year ago. With more than two decades of work in women’s health, Cueva has seen the burden on Louisiana women grow as regulators clamp down. Five to ten women still call every day looking for services, even though she’s been closed for so long.
“If we make it any more difficult, where are the patients going to go—Houston? Atlanta? My patients can’t afford to go to Baton Rouge from New Orleans, much less to Houston or Atlanta. It’s going to force women to go back to what they used to do before, and women will die.”
By: Zoe Carpenter, The Nation, January 27, 2014
“Here They Go Again”: Why Women Do Not Love Mike Huckabee
A few weeks ago, right after the dark clouds gathered over Chris Christie’s presidential prospects, some friends and I were having the usual Washington conversation of discussing the rest of the field. After we agreed that it was an awfully B-list bench, someone piped up: Hey, don’t forget Mike Huckabee! He’s losing all the weight!
Clearly, some of that vaporized body mass came out of his brain matter, based on his unhinged comments Wednesday at the Republican Party’s winter meeting. Discussing the GOP’s need to get more of the women’s vote, he said the Democratic Party tells women “they are helpless without Uncle Sugar coming in and providing for them a prescription each month for birth control because they cannot control their libido or their reproductive system without the help of government.”
He said this, amazingly, in a speech that, in his mind anyway, was all about how the Republican Party is the true friend of women: “The fact is the Republicans don’t have a war on women, they have a war for women, to empower them to be something other than victims of their gender.”
Here we go again. What galaxy do these right-wing men live in? So now contraception is like welfare? I’m reading him right, right? This is what he said—in essence, that birth control, provided by people who think women can’t control their libidos, makes women “helpless.” It’s the culture of dependency again, but this time transferred from the ghetto to the uterus. The Democrats, I guess, want women to go out and have unrestrained sex, so Democrats can then go out and destroy America by distributing these sinful contraceptive devices. So women, you see, are not human beings with agency and volition about their sexuality in Huckabee Land. They’re nothing more than the cat’s paws of the godless, baby-killing Democrats, who want to keep them on the Democratic plantation. The Pill, the welfare check, the Earned Income Tax Credit—all the work of Satan, propagated by the party of Satan.
As with Todd Akin and other recent Republican men who’ve been such marvelous spokesmen for the female side, it’s just hard to believe that this offensive gibberish even came out of his mouth. And not in an interview, as was the case with Akin, who was caught off-guard, but in a prepared speech! How do these men come to these views?
Just yesterday I discovered an old news clip from late 2012, in which some bozo Ohio state legislator is being interviewed on Al Jazeera. He’s throwing lightning bolts around about how evil abortion is, and he’d really prefer if we could ban it all the time. Then the reporter asks: “What do you think makes a woman want to have an abortion?” This genius hems and haws and finally says: “I don’t know. It’s a question I’ve never even thought about.”
What can one say? The man is trying to ban abortion in the state of Ohio, and he’s never thought about why a woman might want one. Certainly he’d never actually asked a woman. That, I think, is what makes these right-wing men say these deranged things. They either never discuss these matters with women, or they discuss them only with women who are as right-wing and moralistic as they are and who don’t just speak as a normal, apolitical woman with the normal level of sexual desire and activity would. So they haven’t the slightest idea what regular women think, nor the slightest interest in it. That’s just incuriosity. But it’s an incuriosity that produces ignorance and intolerance, which is what the GOP specializes in these days.
The thing about Huckabee is that he used to hide this very well. I’d imagine that deep down, he’s as Old Testament fire-and-brimstone as they come—a biblical literalist, right down to Jonah living in the whale’s stomach, the whole schmear. But he managed not to come across that way. He cracked jokes. He liked reporters (a media-friendly conservative!). He played rock ’n’roll bass guitar, for gosh sakes. If he was a mullah, he was at least a good-natured one who didn’t seem threatening.
But after this speech, forget that. He’s just a mullah now. He’s mad at birth control, which virtually every woman uses and which has been legal in this country for 54 years! And there was no small dose of acid in his voice as he spit out the infamous sentences, and he looked mad. Now, he’s going to be lumped in with Akin and cited, and very rightly so, as Exhibit B (Akin is still A) in why the Republicans would just be better off not talking about women at all and living with a 12- to 14-point gender gap, because every time one of them opens his mouth it just increases.
Incidentally, his cluelessness Wednesday wasn’t limited to women. My colleague Ben Jacobs, who was there, tells me Huck rhapsodized about The Beatles, and how he once fantasized about being the “fifth Beatle” and delivered the opinion that they healed the country after Kennedy’s assassination. He has no idea what he’s talking about. They weren’t interested in “healing” anything. Quite the contrary, they started the revolution that split the country in two, the two sides that are still doing battle, and Huckabee sure ain’t on their side. Reactionary fundamentalists of Huckabee’s ilk despised The Beatles in 1964, and The Beatles—authority-haters and atheists one and all (except for George later, but that was very different), and Lord knows great believers in the powers of contraception—would have despised him. Besides which, they already had a pretty good bassist, Bub.
His rewriting of Beatles history is a minor transgression but it’s of a piece. These people live in a morally simplistic fantasy land that’s impervious to facts and to the very real complexities of life. And he’s reportedly thinking of seeking the GOP nomination again? Come to think of it, he’d be perfect.
By: Michael Tomasky, The Daily Beast, January 24, 2014
“Poor Pitiful Persecuted Bullies”: From A Position Of Feigned Weakness, Conservatives Portray Themselves As Victims
On the 41st anniversary of Roe v. Wade, it seems the antichoice movement is focused less on extending its recent state-level gains than on denying their significance as a rollback of basic reproductive rights. Sarah Posner captured their rhetoric nicely at Religion Dispatches yesterday:
What with autopsies and rebrandings, and a new Pope decrying “obsessions,” you would think that tomorrow’s March for Life might not be such a big event. But on the anniversary this week of Roe v. Wade, the Pope is still Catholic, and the GOP is still Republican. The rebranding, if there is one, is to portray anti-abortion absolutism as mainstream, not extreme.
This effort at rhetorical but not substantive repositioning is the GOP’s big message today, notes Posner:
When the RNC convenes for its winter meeting, it will take up a proposed resolution, CNN reports, “urging GOP candidates to speak up about abortion and respond forcefully against Democratic efforts to paint them as anti-woman extremists.” The “Resolution on Republican Pro-Life Strategy” calls on the party to only support candidates “who fight back against Democratic deceptive ‘war on women’ rhetoric by pointing out the extreme positions on abortion held by Democratic opponents.”
Antichoice pols are the victims here, you see. That’s why they’ve seized on comments by New York Gov. Andrew Cuomo about the consensus in his state supporting abortion rights as evidence they are poor pitiful refugees against intolerance (an act Charlie Pierce aptly calls “driving nails into their own palms”).
It’s all a shuck, though, as Posner concludes:
The March for Life is still a big deal. One of the nation’s two major parties supports it, and will later in the week that party will consider whether its candidates should be punished for being too weak in response to “deceptive” charges they are waging a war on women. Rebrandings, truces, lamentations about singular obsessions–none of that changes the Republican and the conservative movement commitment to making abortion illegal, and, barring that, to making it inaccessible.
The silly foot-stomping over Cuomo’s comments are from a defensive posture, but it would be a mistake to engage in much schadenfreude about the conservative position being weak. The foot-stomping is strategic: an opportunity to portray themselves as victims strengthens the resolve of their followers. (See, there is no war on women, only an elitist war on conservatives!)
Interesting, isn’t it, that from this position of feigned weakness the antichoicers are gearing up for another election cycle of bullying Republican politicians into doing their will, all in the broader cause of bullying women to give up control over their reproductive systems.
By: Ed Kilgore, Contributing Writer, Washington Monthly Political Animal, January 22, 2014
“Endless Crusades”: Tea Party Delays Spending, Beats Dead Horse
It will only cover three days, but once again next week Congress will have to pass a continuing resolution to keep the government open. The current resolution expires on Wednesday, and even though a budget agreement was reached last month, appropriators in both chambers still haven’t nailed down a plan to tell various agencies what they can spend.
There are many reasons for that delay — the appropriations committees only had a few weeks after the budget deal to cobble together a massive $1 trillion bill, known as an omnibus. But one of the biggest is that House Republicans from the Tea Party wing have demanded that the bill reflect their ideological goals.
They have insisted, for example, that no money be spent to implement the health care reform law, or that various aspects of the law be cut back so sharply that it would not be workable. They don’t want money spent to implement the Dodd-Frank financial reform law. They want sharp reductions in the National Labor Relations Board.
More than 130 of these so-called riders have been filed by lawmakers, many of whom wouldn’t vote for the omnibus even if their provisions were adopted. Some are particularly ridiculous, including:
* Forbidding the Environmental Protection Agency from enforcing its rule on the safe removal of lead paint.
* Prohibiting the Fish and Wildlife Service from including the sage grouse on the endangered species list.
* Prohibiting subsidies for any health care plan that includes abortion. (Many states already forbid this, but this rider would make the ban nationwide.)
* Banning the government from requiring federal contractors to disclose their political contributions — one of the Obama administration’s better transparency proposals, which it eventually dropped in the face of business opposition.
Many of these riders have been dropped by the negotiators, but some, including those involving the health care law, have yet to be resolved. (Appropriators think the omnibus bill will be ready by next week.) Republican leaders can’t afford another government shutdown, but apparently they haven’t yet convinced their most radical members to stop their endless crusades.
By: David Firestone, Editor’s Blog, The New York Times, January 10, 2014
“Practicing Without A License”: Iowa Governor Must Personally Decide Whether Each Poor Woman On Medicaid Deserves Abortion Coverage
Iowa Gov. Terry Branstad (R) has approved a measure to expand his state’s Medicaid program under Obamacare, which will extend health coverage to tens of thousands of his poor residents. But there’s a catch buried in the Medicaid expansion legislation that the governor signed last week. Now, when low-income women on Medicaid seek insurance coverage for medically-necessary abortions, they’ll have to get approval from Branstad himself.
State-level Medicaid programs often exclude abortion from the health services they will cover for low-income beneficiaries. Just like the Hyde Amendment prevents federal money from directly funding abortion care, over 35 states have decided they don’t want state dollars to pay for abortion, either. Just 17 states allow low-income women on Medicaid to receive insurance coverage for most abortion services — the others, like Iowa, will only permit those women to be reimbursed for the cost of their abortion in cases of rape, incest, and life endangerment.
But now Iowa is going a step further. If a woman who gets her health care through Medicaid has an abortion that falls under one of the exceptions in the state’s abortion coverage ban — if she has been a victim of rape or incest, if her fetus has fatal abnormalities that won’t allow it to survive outside the womb, or if her life will be put in danger unless she ends the pregnancy — she’ll need to have her case approved by the governor’s office. Presumably, Branstad will choose whether to approve or deny each woman’s request for insurance coverage for her abortion. It’s the first law of its kind in any state.
“This bill — now law — is outrageous on many different levels,” Ilyse Hogue, the president of NARAL Pro-Choice America, said in a recent statement. “Women in Iowa already face so many barriers in trying to get safe, legal abortion care. Now their governor will be deciding personally on a case-by-case basis, whether a woman’s doctor will be paid for providing a legal, medically appropriate, and constitutionally guaranteed procedure.”
Under Iowa’s current policy, a state agency already reviews claims for Medicaid funding of abortion services to make sure the billing is adhering to the law and doesn’t fall outside of the approved exceptions. As the Des Moines Register reports, that process will likely continue under the new law. But there’s a notable difference: “instead of the final call being rendered by the Medicaid medical director, the democratically elected and politically accountable governor will decide.”
Low-income women are unlikely to be able to afford bills for abortion care, which can exceed $1,000 dollars. If the governor decides that Medicaid won’t cover the cost of an abortion procedure, the medical providers will likely be forced to absorb the cost.
Ultimately, denying low-income women access to affordable abortion services simply exacerbates the economic divides that lead some desperate women to seek out illegal abortion providers. By passing a mounting number of state laws that prevent women from using their insurance coverage to pay for reproductive care — as well as by forcing abortion clinics out of business and driving up the cost of the abortion pill — lawmakers are essentially making abortion too expensive for low-income women to access at all.
By: Tara Culp-Ressler, Think Progress, June 25, 2013
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