“The Last Rural Abortion Clinics In Texas Just Shut Down”: Back-Alley Procedures Are About To Become A Lot More Common
Since November, the last abortion clinics in East Texas and the Rio Grande Valley, some of the poorest and most remote parts of the state, have been hanging on by their fingernails. The two clinics, both outposts of a network of abortion providers called Whole Woman’s Health, stayed open with slimmed-down staffs while their owner, Amy Hagstrom Miller, struggled to comply with the first chunk of HB2—the voluminous anti-choice law passed by the Texas legislature last summer—which requires abortion doctors to obtain admitting privileges at a local hospital. Today, after weeks of failed negotiations with nearby hospitals, Hagstrom Miller announced that both clinics are closing their doors.
The clinics in Beaumont, about an hour east of Houston, and McAllen, just north of the Mexico border in the Rio Grande Valley, were the last rural abortion providers left in Texas. Between July, when HB2 passed, and November, when the admitting privileges requirement went into effect, nearly half of the state’s 44 abortion clinics folded, unable to comply with the new rules. The health center in McAllen stopped offering abortions and pared down its staff, providing ultrasounds and counseling to the women who continued to walk in the door and helping them coordinate travel to the nearest clinic, two hours north in Corpus Christi. The Beaumont clinic survived this initial purge because one of its physicians had admitting privileges, but he’s in his seventies and wants to retire. His colleagues couldn’t get privileges in his stead, leaving the clinic in a precarious position.
“I had to come to terms with the fact that those clinics had no future,” Hagstrom Miller says. She might have kept looking for a way to keep them open, if she wasn’t facing a much bigger threat. In September, the rest of HB2 will go into effect, requiring all abortion providers to conform to the same standards as ambulatory surgical centers (ASCs), outpatient care units that offer more complicated procedures, usually involving high levels of anesthesia. Only one of Hagstrom Miller’s remaining three clinics, the Whole Woman’s Health in Fort Worth, qualifies as an ASC. Updating the other two clinics to comply with ASC regulations—which include wider hallways and specialized heating and cooling systems—could cost $6 million.
The Corpus Christi clinic (which isn’t one of Hagstrom Miller’s) also has until September to renovate. If that clinic closes, Rio Grande residents will have to embark on a five-hour trek to San Antonio. Women in Beaumont won’t have as far to drive, but they will have to make multiple trips. Under Texas law, women seeking an abortion must obtain a sonogram from the doctor who will be performing the procedure at least 24 hours ahead of time. If you live more than 100 miles from the clinic, you’re exempt from the law. Unfortunately for Beaumont women, their town is a mere 90 miles from the nearest abortion provider in Houston.
For many women, a long drive, an overnight stay, and a few days off work are a substantial burden, but not impossible. For the residents of the Rio Grande Valley, though, these new hurdles could make abortion as difficult to obtain as if it were illegal. McAllen is one of the poorest cities in the country, second only to Brownsville, another town nearby. Last fall, Sarah Posner documented some of the barriers that keep women in the Rio Grande from accessing basic reproductive healthcare like birth control. Unpaved roads, erratic electricity, and poor sanitation are common in the surrounding communities. Few of the Rio Grande’s residents have jobs with sick leave. By Hagstrom Miller’s estimate, around one-third of her patients are undocumented immigrants who can’t drive beyond the border checkpoints north of McAllen without risking deportation.
Rather than waiting for months to scrape together the money for the procedure and the trip—a Sisyphean task in itself, since the price for abortion skyrockets from as little as $300 in the first trimester to several thousand dollars by the end of the second—more women may take matters into their own hands. The Rio Grande Valley already has one of the highest rates of self-induced abortion in the country. A 2012 survey found that 12 percent of women in clinics near the Mexico border said they had attempted to end their pregnancy on their own before seeking professional help. “They’re getting drugs from Mexico, drinking teas, eating herbs, falling down the stairs on purpose or convincing their boyfriends to beat them up,” Hagstrom Miller says. “Any of those methods could be fatal.”
The problem is compounded by the Texas legislature’s decision, in 2011, to slash funding for family planning services. Dan Grossman, the vice president for research at Ibis Reproductive Health, a pro-choice think tank, has been investigating the effects of these cuts as co-principal investigator of the Texas Policy Evaluation Project at the University of Texas-Austin. In a 2012 survey of women seeking abortions, nearly half of the respondents said they hadn’t been able to obtain their preferred form of birth control in the past three months. “The cuts in family planning are leading to a rise in unintended pregnancy and an increased demand for abortion,” Grossman says. “More clinic closures means that women will have to wait longer to get the procedure, which means a higher risk of complications.”
In 2013, 38 percent of people living in the Rio Grande Valley were uninsured. When state-funded family planning clinics in the region folded, poor women lost their only source of affordable birth control. Now, some may be getting access to contraception once again, thanks to the rollout of Obamacare. But Texas’s refusal to participate in Medicaid expansion means that many Rio Grande residents will fall into the “coverage gap”—earning too much to be covered under Medicaid but too little to qualify for insurance tax credits—and won’t be able to get the no-cost birth control promised by the Affordable Care Act. Others are undocumented and unable to buy insurance on the exchanges.
Long wait times for appointments will undoubtedly become the norm. By next fall, when the ASC requirement kicks in, six clinics in major urban centers—Houston, Austin, San Antonio, Dallas, and Fort Worth—could be responsible for performing more than 70,000 abortions each year. Hagstrom Miller and others are fundraising to help poor women pay for transportation to these cities, but for many, a trip to Mexico to buy illegal abortion drugs might seem like a better bet.
By: Amelia Thompson-Deveaux, The American Prospect, March 6, 2014
“A Particularly Cruel Joke”: Texas Lawmakers Celebrate “Achievements” In Women’s Health As Thousands Go Without Care
The consequences of Texas’ sweeping new abortion restrictions are now being felt across the state, but the status of reproductive healthcare in Texas had been dire long before conservative lawmakers passed the omnibus measure to shutter reproductive health clinics, restrict safe abortion services and leave thousands of women without access to necessary care.
Texas lawmakers passed a two-year budget in 2011 that cut $73 million from family planning programs; the following year, Rick Perry dissolved the state’s partnership with the federal Women’s Health Program, forfeiting millions in Medicaid funding for low-income women’s healthcare. Lawmakers restored some of this funding in 2013, but reproductive health providers like Planned Parenthood are barred from receiving it. That Perry has refused the Medicaid expansion has further compounded the crisis that has been building in the state, the blunt impact of which disproportionately impacts low-income women of color.
Republican “reforms” to the system have resulted in a 77 percent drop in the number of women being served by state health clinics at an additional cost of around 20 percent. The maternal mortality rate — particularly among women of color — is on the rise, and Texas has the highest uninsured rate in the nation.
It is in this context that the Texas Health and Human Services committee’s decision to hold a hearing on the “progress” the state has made in women’s healthcare seems like a particularly cruel joke. The committee intends to “build on previous legislative achievements in women’s healthcare,” according to a statement on the hearing.
Activists in the state, who have remained focused on challenging the rollback of reproductive rights in the months since Wendy Davis’ marathon filibuster, descended on Austin Thursday to provide testimony and protest the show hearing.
“When I heard about the hearing — well, I felt like if the Daily Show was going to create a parody, they couldn’t have done a better job,” Amy Kamp, one of the women providing testimony at the hearing, told ThinkProgress. “If Texas wants to protect women’s health, I have a helpful suggestion. Just reinstate the old program we used to have!”
“It’s laughable that the same politicians that have devastated Texas women’s access to healthcare — cancer screenings, birth control, and safe, legal abortion — are now touting their so-called achievements in women’s health,” said Cecile Richards, president of Planned Parenthood Action Fund. ”If that’s what they call help for Texas women, we’ve had quite enough of it.”
By: Katie McDonough, Assistant Editor, Salon, February 20, 2014
“Going Once, Going Twice, Sold”: Under A New Texas Law, The Police Can Act As Gun Dealers
For decades, weapons confiscated by the police in Texas were supposed to be used for law enforcement purposes — or else destroyed. Starting next month, police departments across the state will be allowed to sell some of them.
Some local departments have already been selling confiscated weapons, operating under a gray area of existing law, said T. Edwin Walker, president of Texas Law Shield, which provides legal services to Texas gun owners.
House Bill 1421, which passed during the last legislative session, formally permits law enforcement officials to sell found or unclaimed weapons to licensed firearms dealers. They can also sell confiscated weapons that are left unclaimed after cases that were never prosecuted or did not result in a conviction. In cases that do result in a conviction, police departments keep the firearms as evidence in case they are needed for appeals.
The new rule gives law enforcement another option, said State Representative Charles Perry, Republican of Lubbock and the author of the bill. “It has a fiscal impact in a positive way, and it makes sense if the weapons are in good shape.”
It is unclear how well the measure will meet its stated goal, which Mr. Walker said is allowing the police to “recoup some money, to put some money back in their budget.” Police departments in large Texas cities like San Antonio, Houston and Austin, which destroyed hundreds of guns in 2012, have said they would not participate.
Some law enforcement officials said they already had department policies against selling confiscated firearms and worried about putting more weapons back on the street.
The Waco Police Department has not yet decided if it will sell confiscated guns, but “at first blush it is probably not something we will be willing to do just for the fact that we don’t want to put additional weapons back out there on the street that have already been confiscated or used in a crime,” said Sgt. W. Patrick Swanton, the department’s public information officer.
Those who might rely on the new law? Small, cash-starved departments in rural Texas, some of which have already been making such resales.
In Crane County, home to about 4,300 people at the base of the Texas Panhandle, even two gun confiscations a year are a lot, said Chief Deputy Andrew Aguilar of the county sheriff’s office. Firearms his department has seized in the past have already been sold, he said.
In many rural towns, sheriffs’ sales of seized property are common sources of income, said Alice Tripp, the legislative director of the Texas State Rifle Association.
After the law takes effect on Sept. 1, law enforcement agencies will be able to sell confiscated guns to licensed weapons dealers. The proceeds will first cover outstanding court or auctioneer’s fees; the remainder will go to the police department that seized the weapon.
Jason Knowles, the manager of Patriot Firearms in Lubbock, said he doubted the confiscated gun market would be bustling.
“The majority of firearms seized by law enforcement typically are relatively cheap and of low quality,” he said. “You don’t get a lot of high-end guns in the seizure world.”
Sgt. Jason Lewis, the Lubbock Police Department’s public information officer, said the department had destroyed 56 firearms in 2012, many of them cheap, stolen guns in very poor condition. He said it would not participate in gun sales.
“Every once in a while, you get something that you are like ‘Whoa, that’s too bad that you are melting that,’ ” Sergeant Lewis said. “For the most part, it is junk.”
By: Ian Floyd, Texas Tribune, Published in The New York Times, August 24, 2013
“A Citizen Filibuster”: Fed Up And Determined, Progressive Activists Just Might Secure A Victory For Reproductive Rights In Texas
Two years ago, the Texas Legislature passed a law requiring that women seeking abortions first have a sonogram. If it’s early in a pregnancy, the law would require submitting to a transvaginal sonogram, with a wand inserted into the vagina. Even though a similar measure subsequently stirred national controversy in Virginia, prompting its defeat, progressives in Texas could barely mount a fight. Passage was inevitable, everyone knew, and the cause quixotic—because, after all, this was Texas.
That era may be over. For the past several days, activists have been waging a pitched battle in Austin against Senate Bill 5, a measure that would severely restrict abortions after 20 weeks and close most of the state’s abortion clinics. Since Thursday night, hundreds of activists have been protesting, packing galleries and committee hearings and every spare nook of the capitol. The intensity of the public outcry is notable in a state known for low voter turnout and a vastly outnumbered Democratic Party. With the session ending on Tuesday night, if lawmakers and activists can keep up the pressure, they may be able to kill the bill.
Texas’s regular legislative session ended last month, but governors can call special sessions to address specific “emergency” legislation. At first, Rick Perry called this one to approve new redistricting maps. It was only halfway through the month-long gathering that he added abortion restrictions to the agenda.
A hearing on Thursday in the House State Affairs Committee set off the clock-ticking drama. More than 600 pro-choice advocates arrived to voice their opposition to the clinic regulations and the 20-week ban. The activists made up 92 percent of those who signed up to testify; they called their effort a “citizen filibuster.” The chair began to get restless with the testimony, calling it “repetitive,” and eventually cut off debate—but not until 4 a.m. The committee approved the legislation and sent it to the floor.
By Sunday, when the House convened to debate and vote, the fight had reached a fever pitch. The House had multiple bills, but because of the time crunch decided to focus on Senate Bill 5. The measure requires that all abortions, including those performed by giving a woman a pill, be performed in clinics that meet surgical standards—a requirement normally reserved for surgical procedures that require incision. That requirement would prompt the closure of more than 30 clinics across the state; only five clinics in Texas currently meet the “surgical ambulatory care” standard. The measure also has an outsized impact on rural women, since it requires doctors performing abortions to have admitting privileges to a hospital within a 30-mile radius.
The House version of the bill adds a ban on all abortions after 20 weeks, unless the life of the mother is in danger or the fetus has birth defects so severe that it could die. The addition of the abortion ban means the bill must go back to the Senate for approval. With only two days left to complete all business, however, that gave House Democrats a chance to delay the bill and give their colleagues in the Senate a chance at a filibuster to kill it.
Activists flooded the capitol, most clad in burnt orange T-shirts, the color of the University of Texas, reading: “Stand with Texas Women.” They filled the House gallery, outnumbering pro-life advocates who were wearing blue. Allies from other states sent pizzas to keep them fed, and local shops began sending supplies of food and coffee.
Using parliamentary tactics, Democrats successfully delayed consideration of the bill for hours. They submitted more than two dozen amendments designed to showcase the absurdity of the bill. (One would have required a preponderance of peer-reviewed scientific evidence to justify the ban.) When questioned about the lack of support in the medical community for the bill, the sponsor, Republican Representative Jodie Laubenberg, explained that she knew a gynecologist who supported the bill. The Texas Medical Association and Texas Hospital Association, as well as the American Congress of Obstetricians and Gynecologists, all oppose the measure.
Points of order followed amendments as the hours ticked by. In perhaps the most notable exchange, Democratic Representative Senfronia Thompson offered an amendment to exempt rape and incest victims from the ban. She stood with a coat hanger in her hand, and asked her colleagues, “Do you want to return to the coat hanger? Or do you want to give them an option to terminate their pregnancy because they have been raped?”
Laubenberg responded with the latest in a Republican pantheon of spectacular misstatements on abortion: She implied that rape kits prevent pregnancy because “a woman can get cleaned out.” Her remark prompted widespread criticism and mockery from social media. After that, Laubenberg stopped directly responding to amendments. But her lack of knowledge about rape and pregnancy put her in company with a number of U.S. congressmen. During the 2012 election, Missouri’s Congressman Todd Akin argued that women’s bodies had ways of “shutting down” the possibility of pregnancy after a “legitimate rape”; more recently, Arizona’s Trent Franks noted that the odds of pregnancy after rape were “very low.”
The Texas bills are part of a larger national fight. Just last week, the U.S. Congress passed a similar 20-week abortion ban; though the measure has no chance of passing the Democratic-controlled Senate, it helped showcase the chasm between Democrats and Republicans on the issue. Earlier this year, North Dakota passed the most restrictive abortion ban in the country, outlawing all abortions after a fetal heartbeat can be detected, which usually occurs around six weeks into pregnancy. That law is currently making its way through litigation. Generally, such measures aren’t faring well in court. Idaho’s 20-week ban was found unconstitutional in March by the U.S. District Court for the District of Idaho, and in May, the Ninth Circuit Court of Appeals struck down Arizona’s 20-week ban.
The battle in Texas raged on until Republicans cut off debate around 4 a.m. Monday morning, finally passing the bill on the floor for the first time. They returned fewer than three hours later to vote it through again, as required by procedural rules. Later Monday morning, they passed a required “third reading,” which sends the bill to the Senate. However, there’s a 24-hour waiting period before the Senate can take up the bill and pass it in its turn.
That means the bill will reach the Texas Senate on Tuesday morning. Democrats have vowed a filibuster, which would block the bill’s passage. They will only have to hold out until midnight on Tuesday to give reproductive rights supporters a surprising victory in Texas.
By: Abby Rapoport, The American Prospect, June 24, 2013
“Most Extreme Example Of Racial Gerrymandering”: Federal Court Blocks Discriminatory Texas Redistricting Plan
In December of last year, the Justice Department asserted that Texas’s redistricting plans for Congress and the state legislature violated Section 5 of the Voting Rights Act by “diminishing the ability of citizens of the United States, on account of race, color, or membership in a language minority group, to elect their preferred candidates of choice.” Today a three-judge federal court in Washington concurred with DOJ, writing that Texas’s redistricting plans were “enacted with discriminatory purpose” and did not deserve preclearance under Section 5.
Here are the relevant facts of the case: Texas gained 4.3 million new residents from 2000-2010. Nearly 90 percent of that growth came from minority citizens (65 percent Hispanic, 13 percent African-American, 10 percent Asian). As a result, Texas gained four new Congressional seats, from thirty-two to thirty-six. Yet, under the Congressional redistricting map passed by Texas Republicans following the 2010 election, white Republicans were awarded three of the four new seats that resulted from Democratic-leaning minority population growth. The League of Women Voters called the plan “the most extreme example of racial gerrymandering among all the redistricting proposals passed by lawmakers so far this year.”
Noted the federal court:
The Black and Hispanic communities currently make up 39.3% of Texas’s CVAP [current voting age population]. Thus, if districts were allocated proportionally, there would be 13 minority districts out of the 32 in the benchmark (39.3% of 32 is 12.6). Yet minorities have only 10 seats in the benchmark, so the representation gap is three districts. In the enacted plan, proportional representation would yield 14 ability districts (39.3% of 36 is 14.1), but there are still only 10 ability districts.
Texas Republicans went to extreme lengths in order to dilute and suppress the state’s booming minority vote, as I reported in The Nation in January (see “How the GOP is Resegregating the South”).
According to a lawsuit filed by a host of civil rights groups, “even though Whites’ share of the population declined from 52 percent to 45 percent, they remain the majority in 70 percent of Congressional Districts.” To cite just one of many examples: in the Dallas-Fort Worth area, the Hispanic population increased by 440,898, the African-American population grew by 152,825 and the white population fell by 156,742. Yet white Republicans, a minority in the metropolis, control four of five Congressional seats. Despite declining in population, white Republicans managed to pick up two Congressional seats in the Dallas and Houston areas. In fact, whites are the minority in the state’s five largest counties but control twelve of nineteen Congressional districts.
Texas Republicans not only failed to grant new power to minority voters in the state, they also took away vital economic resources from minority Democratic members of Congress.
Reported the court:
Congressman Al Green, who represents CD 9, testified that “substantial surgery” was done to his district that could not have happened by accident. The Medical Center, Astrodome, rail line, and Houston Baptist University — the “economic engines” of the district — were all removed in the enacted plan. The enacted plan also removed from CD 9 the area where Representative Green had established his district office. Likewise, Congresswoman Sheila Jackson Lee, who represents CD 18, testified that the plan removed from her district key economic generators as well as her district office. Congresswoman Eddie Bernice Johnson of CD 30 also testified that the plan removed the American Center (home of the Dallas Mavericks), the arts district, her district office, and her home from CD 30. The mapdrawers also removed the district office, the Alamo, and the Convention Center (named after the incumbent’s father), from CD 20, a Hispanic ability district.
No such surgery was performed on the districts of Anglo incumbents. In fact, every Anglo member of Congress retained his or her district office. Anglo district boundaries were redrawn to include particular country clubs and, in one case, the school belonging to the incumbent’s grandchildren. And Texas never challenged evidence that only minority districts lost their economic centers by showing, for example, that the same types of changes had been made in Anglo districts.
The only explanation Texas offers for this pattern is “coincidence.” But if this was coincidence, it was a striking one indeed. It is difficult to believe that pure chance would lead to such results. The State also argues that it “attempted to accommodate unsolicited requests from a bipartisan group of lawmakers,” and that “[w]ithout hearing from the members, the mapdrawers did not know where district offices were located.” But we find this hard to believe as well. We are confident that the mapdrawers can not only draw maps but read them, and the locations of these district offices were not secret. The improbability of these events alone could well qualify as a “clear pattern, unexplainable on grounds other than race,” and lead us to infer a discriminatory purpose behind the Congressional Plan.
The same analysis applied to the state senate and state house maps as well. “Texas has failed to carry its burden that [its redistricting plans] do not have the purpose or effect of denying or abridging the right to vote on account of race, color, or membership in a language minority group under section 5 of the Voting Rights Act,” the court wrote in its conclusion. An interim map drawn by a federal court in San Antonio in February will be used for the 2012 election.
Texas’s redistricting maps and voter ID law (which DOJ has also objected to and will soon be decided by a federal court in Washington) in many ways embody the conservative response to the country’s changing demographics. Instead of courting an increasingly diverse electorate, Republicans in Texas and elsewhere are trying to take away political power from minority voters and make it harder for them to vote.
Texas is one of seven GOP states that recently filed an amicus brief supporting a challenge to the constitutionality of Section 5 of the Voting Rights Act before the Supreme Court. The state has already vowed to appeal the redistricting case to the Supreme Court, which could also hear Texas’s voter ID case if overturned. Texas, it should be noted, has lost more Section 5 enforcement suits than any other state. Today’s ruling is another black eye for Republicans in the Lone Star State.
By: Ari Berman, The Nation, August 28, 2012
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