The Abortion Case That Could Overturn Roe v. Wade Has A Lot Of Opponents

— by Alex Zielinski, a health reporter at Think Progress

CREDIT: AP PHOTO, PABLO MARTINEZ MONSIVAIS

US Capitol police officers line-up in front of pro-abortion rights demonstrators on Thursday, Jan. 22, 2015, at the Supreme Court in Washington.

A looming Supreme Court case that could severely undermine the right to an abortion has attracted an unprecedented amount of opposition from across the country.

A slew of organizations and individuals filed 45 legal briefs in the Supreme Court on Tuesday, each brief examining the case through a unique lens and each coming to the same conclusion: State laws that restrict abortion access are unconstitutional.

The case will examine the validity of a Texas law, known as HB2, that places burdensome, unnecessary guidelines on the state’s dwindling abortion clinics. These regulations, while framed as improvements to safeguard “women’s health,” ultimately have nothing to do with patient safety — and were instead created by anti-abortion legislators to impose additional, costly red tape on clinic staff. So far, it’s been successful. HB2 has already forced half of the state’s clinics to close, thus cutting Texas’ abortion providers in half.

The Supreme Court case, Whole Women’s Health v. Cole, won’t only decide if Texas’ law is constitutional. Depending how the court rules, the decision could also give legal cover to all states seeking to enact laws that appear to function as health regulations, but that actually exist to restrict access to abortion. The oral arguments for the case begin in March.

Reproductive rights advocates have been outspoken since HB2 passed in 2013, but since the Supreme Court’s  November decision to hear the case, the diversity of opponents has grown. The 45 briefs were filed by a variety of petitioners, including physicians, historians, religious leaders, military officers, scientists, members of Congress, civil rights advocates, law scholars, entire cities, and the United States federal government itself.

“Never before has such a diverse array of organizations and leaders…stepped forward to condemn abortion restrictions at the U.S. Supreme Court,” said Nancy Northup, president and CEO of the Center for Reproductive Rights, in a statement.

Among the briefs were voices of actual women who’ve been affected by the lack of abortion access in the past — a voice some say is forgotten in the high-level case.

“The Supreme Court justices need to hear the real effects of restrictive abortion laws on women like this one in Texas,” said Debra Hauser, the president of Advocates for Youth, a group helping young people access comprehensive sexual health education. Hauser shared her personal experience with abortion in her organization’s brief.

“What is missing from this issue are our personal stories. The reality is that one in three women will have an abortion in her lifetime.”

Many of those women shared their stories in another brief submitted Tuesday, representing 110 law professionals who’ve had abortions. Some noted how they would have never had the chance to become a lawyer if they hadn’t had an abortion when they did.

“[Our] experiences demonstrate the real world effects of abortion access on the lives and careers of women attorneys, and underscore the truth of the court’s observation that reproductive choice facilitates women’s ability ‘to participate in the economic and social life of the nation,’” the brief reads.

According to Northup, the briefs represent the largest coalition of faith leaders and faith organizations ever to oppose anti-choice laws at the Supreme Court level. In the legal brief filed by a large collection of different religious leaders, the petitioners stress their support of abortion access — despite efforts from more radical religious organizations to say otherwise.

“As religious leaders and pastoral counselors, [we] provide spiritual guidance to women facing this decision and believe that this complex decision is ultimately a moral one,” the brief reads. “While various religious groups in this country hold differing views on abortion, there is substantial agreement that women have a moral right to make their own decisions on the issue.”

A group of 40 prominent scientists also submitted a brief Tuesday, hoping to overrule the “flawed pseudoscience” that will be used in testimony to support the case.

“We hope the court is able to put abortion politics aside and focus on the illegitimacy of the medical claims propping up the restrictions,” said Robyn Blumner, president and CEO of the Richard Dawkins Foundation for Reason & Science. “When science claims are used to infringe a constitutional right they had better be valid, but that’s not the case here.”

A Tuesday press call drew a variety of opponents together, including Wendy Davis, the former Texas state senator who led an 11-hour filibuster in an attempt to defeat HB2, and Planned Parenthood CEO Cecile Richards, to further illustrate the severity of this case. Jessica González-Rojas, the executive director of the National Latina Institute for Reproductive Health, also spoke on the call, representing the women already harmed the most by the current Texas law.

“For immigrants, mothers, low-wage workers, and Latinas who are all three, securing an abortion means navigating a state-created obstacle course,” she said. “Those unable to jump through these hoops will be forced to carry an unwanted pregnancy to term or take matters into their own hands.”

Since HB2 was enacted, at least 100,000 Texan women have tried to induce their own abortion, due to the cost driving to a distant abortion clinic, taking time off work to do so, and other frustrating roadblocks to make it difficult for them to legally end a pregnancy.

The legal briefs filed, which represent more than 1,000 opponents in total, may shine more light on the broader impact the pending case could have on women across the country — an impact that has already left Texas in a health crisis.

“These briefs present a thorough record of the undeniable damage Texas’ sham law has,” concluded Northup. “It will continue to cause, and an indisputable legal argument for why it must be struck down.”


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe. ‘Like’ CAP Action on Facebook and ‘follow’ them on Twitter

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It’s Women’s History Month—So Naturally—Republicans Wage Sneak Attack

By CAP Action War Room

The Latest Ploy in The Ongoing Attack on Women’s Health

PoisonPill08
GOP breaks out their favorite Poison Pill … Again!

Women’s access to basic health care continues to be under attack at both the state and federal level. The most recent threat came this week when Republican lawmakers in the Senate snuck anti-choice provisions into a bipartisan bill aimed at helping victims of human trafficking. The Justice for Victims of Trafficking Act of 2015 (S. 178), which would establish a fund for victims of human trafficking, wasn’t supposed to be controversial. In fact, it enjoyed wide bipartisan support until Senate Democrats discovered that Republicans added language that would restrict federal funding for abortion–even forcing underage victims of rape to carry their pregnancies to term. Democrats have now vowed to hold the entire bill until the anti-choice language is removed.

The Justice for Victims of Trafficking Act is just the latest attempt to restrict women’s reproductive rights on the national level. Unfortunately, actions on the state level are even worse. Last week, West Virginia Republicans overrode a gubernatorial veto and passed a 20-week abortion ban. With the veto override, West Virginia became the 11th state to prohibit abortions past 20-weeks, despite the fact that over the last few years courts have blocked several 20-week abortion bans for violating protections offered under Roe v. Wade. Montana and New Mexico are among other states considering 20-week bans under the guise of “fetal pain,” which scientists agree does not exist. And earlier this month, Wisconsin Governor and likely 2016 presidential candidate Scott Walker also said he would sign a 20-week ban.

While Democrats have been able to prevent anti-choice language from creeping into federal law thus far, these state-based corrosive efforts are working. A ThinkProgress investigation found that the maze of state abortion restrictions, usually framed as legal regulations, is driving the price of abortion services up so high that lower-income women are effectively priced out of the market. The attack on women’s healthcare has gone so far that a Texas Republican legislator has protested her colleagues’ proposal to cut funding for cancer screenings at Planned Parenthood clinics, saying that without that “provider network, women cannot be served. And they will die.”

BOTTOM LINE: From trying to shut down the Department of Homeland Security, to undermining international agreements with Iran, to voting 56 times to repeal the Affordable Care Act, the Republican Party has proven it is unfit to govern. These recent threats to women’s health are just another example of how out-of-touch and dangerous GOP policies can be.

As an aside:  Senator Heller has submitted an amendment (S.Amdt 283) to this bill, however, the text of his amendment has not yet been posted to Congress.gov.


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.  Like CAP Action on Facebook and follow us on Twitter.

Seven Terrible State Bills

— by ThinkProgress War Room | Mar 27, 2013

Recently, we discussed some of the terrible bills floating around out there in state legislatures. Here’s another look at some of the worst proposals, including a couple that were signed into law this week:

  • NORTH DAKOTA: The state’s Republican governor signed a trifecta of terrible anti-abortion bills, which are likely to have the effect of banning abortion in the state. One bill unconstitutionally bans abortion after just six weeks, which is before many women even know they’re pregnant. An even more insidious bill takes up the anti-abortion movement’s favorite new tactic: drastic overregulation of abortion clinics to all but guarantee that they will have to close. These so-called TRAP (Targeted Regulation of Abortion Providers) laws are also moving in North CarolinaMississippiTexasAlabama, and Virginia.
  • KANSAS: A new bill will allow the state to quarantine HIV positive individuals, something Kansas actually banned back in 1988.
  • INDIANA: An anti-abortion bill was going to mandate forced ultrasounds before a woman is provided with the abortion pill. Lawmakers explain that they are dropping the controversial provision in order to focus on their real goal: regulating abortion clinics out of existence.
  • VIRGINIA: Gov. Bob McDonnell (R-VA) signed a bill that will mandate that Virginians present photo identification when they vote, which will disproportionately impact young people, minorities, and the elderly.
  • KENTUCKY: The legislature passed a so-called “religious freedom” bill that allows individuals to ignore laws based on the vague notion of “sincerely held religious beliefs,” opening the door to discrimination against LGBT people, among other problems. Gov. Steve Beshear (D) vetoed the bill, but unfortunately his veto was overridden yesterday.
  • PENNSYLVANIA: Top Republicans in the state have yet to abandon a GOP plan to rig steal the White House by rigging the distribution of the state’s Electoral College votes. Republicans in Virginia, Florida, Wisconsin, and other states dropped the idea, but Pennsylvania Republicans are keeping it on the table.
  • ARKANSAS: In addition to its race to the bottom on abortion, Arkansas is considering some highly regressive tax changes. As part of an effort meant to stimulate growth, an Arkansas legislative committee passed two tax cuts that will largely benefit the rich and then rejected one that would benefit the working poor. A recent study found that state-level tax cuts don’t promote job growth.

Another week, another set of terrible proposals moving out in state legislatures.

Evening Brief: Important Stories That You Might’ve Missed


This material [the article above] was created by the Center for American Progress Action Fund. It was created for the Progress Report, the daily e-mail publication of the Center for American Progress Action Fund. Click here to subscribe.

The Morality Brigade

— by Robert Reich, former Secretary of Labor under President Clinton

Robert ReichWe’re still legislating and regulating private morality, while at the same time ignoring the much larger crisis of public morality in America.

In recent weeks Republican state legislators have decided to thwart the Supreme Court’s 1973 decision in “Roe v. Wade,” which gave women the right to have an abortion until the fetus is viable outside the womb, usually around 24 weeks into pregnancy.

Legislators in North Dakota passed a bill banning abortions after six weeks or after a fetal heart beat had been detected, and approved a fall referendum that would ban all abortions by defining human life as beginning with conception. Lawmakers in Arkansas have banned abortions within twelve weeks of conception.

imageThe morality brigade worries about fetuses, but not what happens to children after they’re born. They and other conservatives have been cutting funding for child nutrition, healthcare for infants and their mothers, and schools.

The new House Republican budget gets a big chunk of its savings from programs designed to help poor kids. The budget sequester already in effect takes aim at programs like Head Start, designed to improve the life chances of disadvantaged children.  

Meanwhile, the morality brigade continues to battle same-sex marriage.

Despite the Supreme Court’s willingness to consider the constitutionality of California’s ban, no one should assume a majority of the justices will strike it down. The Court could just as easily decide the issue is up to the states, or strike down California’s law while allowing other states to continue their bans.

Conservative moralists don’t want women to have control over their bodies or same-sex couples to marry, but they don’t give a hoot about billionaires taking over our democracy for personal gain or big bankers taking over our economy.

Yet these violations of public morality are far more dangerous to our society because they undermine the public trust that’s essential to both our democracy and economy.

Three years ago, at the behest of a right-wing group called “Citizen’s United,” the Supreme Court opened the floodgates to big money in politics by deciding corporations were “people” under the First Amendment.

A record $12 billion was spent on election campaigns in 2012, affecting all levels of government. Much of it came from billionaires like the Koch brothers and casino-magnate Sheldon Adelson —seeking fewer regulations, lower taxes, and weaker trade unions.

They didn’t entirely succeed but the billionaires established a beachhead for the midterm elections of 2014 and beyond.

Yet where is the morality brigade when it comes to these moves to take over our democracy?

Among the worst violators of public morality have been executives and traders on Wall Street.

Last week, JPMorgan Chase, the nation’s biggest bank, was found to have misled its shareholders and the public about its $6 billion “London Whale” losses in 2012. 

This is the same JPMorgan that’s lead the charge against the Dodd-Frank Act, designed to protect the public from another Wall Street meltdown and taxpayer-funded bailout.

Lobbyists for the giant banks have been systematically taking the teeth out of Dodd-Frank, leaving nothing but the gums.

The so-called “Volcker Rule,” intended to prevent the banks from making risky bets with federally-insured commercial deposits – itself a watered-down version of the old Glass-Steagall Act – still hasn’t seen the light of day.

Last week, Republicans and Democrats on the House Agriculture Committee passed bills to weaken Dodd-Frank – expanding exemptions and allowing banks that do their derivative trading in other countries (i.e., JPMorgan) to avoid the new rules altogether.

Meanwhile, House Republicans voted to repeal the Dodd-Frank Act in its entirety, as part of their budget plan.

And still no major Wall Street executives have been held accountable for the wild betting that led to the near meltdown in 2008. Attorney General Eric Holder says the big banks are too big to prosecute.

Why doesn’t the morality brigade complain about the rampant greed on the Street that’s already brought the economy to its knees, wiping out the savings of millions of Americans and subjecting countless others to joblessness and insecurity — and seems set on doing it again?

What people do in their bedrooms shouldn’t be the public’s business. Women should have rights over their own bodies. Same-sex couples should be allowed to marry.

But what powerful people do in their boardrooms is the public’s business. Our democracy needs to be protected from the depredations of big money. Our economy needs to be guarded against the excesses of too-big-to-fail banks.

This work is licensed under a Creative Commons License

Robert Reich, one of the nation’s leading experts on work and the economy, is Chancellor’s Professor of Public Policy at the Goldman School of Public Policy at the University of California at Berkeley. He has served in three national administrations, most recently as secretary of labor under President Bill Clinton. Time Magazine has named him one of the ten most effective cabinet secretaries of the last century. He has written thirteen books, including his latest best-seller,Aftershock: The Next Economy and America’s Future; The Work of Nations; Locked in the Cabinet; Supercapitalism; and his newest, Beyond Outrage. His syndicated columns, television appearances, and public radio commentaries reach millions of people each week. He is also a founding editor of the American Prospect magazine, and Chairman of the citizen’s group Common Cause. His widely-read blog can be found at http://www.robertreich.org.

Roe v. Wade: Today and for Generations to Come

Today marks the 40th anniversary of Roe v. Wade — the landmark Supreme Court decision that affirmed a woman’s right to a safe and legal abortion. As we celebrate this historic anniversary, we must also acknowledge that women face an unprecedented rise of state-level restrictions on reproductive health care that undermine this historic advance for women.

Mark this important anniversary with us by ensuring the rights granted by Roe v. Wade are preserved for generations of women to come. Tell your state policymakers to end the attacks on access to reproductive health care and to ensure that the rights affirmed by Roe v. Wade are around for generations.

State legislators are pulling out all the stops to chip away at access to the reproductive health care made possible by Roe. Whether it’s by passing laws to prevent women from buying health insurance to cover abortion, defunding Planned Parenthood, or requiring those seeking an abortion to undergo an unnecessary and invasive ultrasound, they all have the same purpose: making it more difficult to get and afford the critical reproductive health services we need. In fact, in the last two years we’ve experienced the highest number of state-level attacks on women’s reproductive health ever.

On the 40th anniversary of Roe v. Wade, it’s up to us to stop politicians from pushing us back to the days before Roe, when abortion was illegal. Help us make sure these rights are around for generations to come.
Thank you for all you do to protect women’s ability to get and afford abortion care.
Sincerely,

 

Judy Waxman

 

Judy Waxman
Vice President for Health and Reproductive Rights
National Women’s Law Center

 

P.S. The National Women’s Law Center, as the leader of the This Is Personal campaign, asked people across the country to post pictures of their shoes on Tumblr and tell us how no one knows what it’s like to walk in our shoes — and no one should try to make our reproductive health decisions for us.

Document(s):  application/pdf iconRoe v Wade Right to Abortion Factsheet Jan 2013