Leavitt Misrepresents to Justify Proposed Regulation

Rachel Walden

The American Board of Obstetricians and Gynecologists has clearly stated that certification is not at issue if a provider refuses to perform or refer for abortion. But HHS Secretary Mike Leavitt continues to cite this certification as justification for his new regulations.

HHS Secretary Mike Leavitt has issued a third blog post on physician conscience,
announcing the release of the official proposed regulation following
the draft which has generated so much controversy. I continue to be
amazed and appalled by Leavitt’s reliance on the certification argument
as justification for the measure.

Leavitt continues to either
misunderstand or deliberately misrepresent the certification issue as a
primary argument for the introduction of the proposed regulations. He writes:

This became a topical matter when the American
College of Obstetricians and Gynecologists (ACOG) issued guidelines
that could shape board certification requirements and necessitate a
doctor to perform abortions to be considered competent.

Physician certification is a powerful instrument. Without it, a
doctor cannot practice the specialty. Putting doctors (or any one who
assists them) in a position where they are forced to violate their
consciences in order to meet a standard of competence violates more
than federal law. It violates decency and the core value of personal
liberty. Freedom of expression and action are unfit barter for
admission to medical employment or training.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

As Secretary of Health and Human Services, I called on the
organization that oversees Ob-Gyn board certification to alter its
guidelines to assert that refusal to violate conscience will not be
used to block board certification. Their answer was dodgy and
unsatisfying
.

The American Board of Obstetrics and Gynecology (ABOG) is
the certifying organization for ob/gyns, and has clearly stated since
at least March of this year that refusal to perform or refer for
abortion would have no bearing on issuance or renewal of provider
certification. As this NPR piece documents,

Norman Gant, executive director of the certifying board, says HHS got it all wrong.

"They took two and two and came up with five," he said.

Gant, who didn’t respond sooner because he was out of the office,
backed up what ACOG spokesman Gregory Phillips said Tuesday, which is
that the ethics committee opinion regarding referrals is not a binding
portion of the college’s ethics code, and therefore not a factor in the
decision about board certification.

"We do not restrict access to our exams for anyone applying for
initial certification, or maintenance of certification, based on
whether they do or do not perform an abortion," Gant said. "We do not
base this upon whether they do or do not refer patients to an abortion
provider if they do not choose to do abortions."

Gant has publicly released his organization’s response [PDF] to the issuance of the official regulation,
in which Leavitt again refers to "the potential to force
physicians to either violate their conscience by referring patients for
abortions (or taking other objectionable actions) or risk losing their
board certification." In his response, Gant states that he is:

"both shocked and very dismayed at the grossly untrue and unfair allegation that:

"…action by the American Board of Obstetrics and
Gynecology…had the potential to force physicians to either violate
their conscience by referring patients for abortions (or taking other
objectionalbe actions) or risk losing their board certification."

The "subsequent action" to which you refer is totally unspecified in the Release. Moreover,
your allegation is directly contrary to the advice I provided you in my
letter to you of March 19, 2008, which expressly stated:

"The American Board of Obstetrics and Gynecology has
taken no stand, pro or con, against individual physicians who choose to
or choose not to perform abortions or to refer patients to abortion
providers.

Moreover, such an issue is not a consideration in the
application or in the examinations administered by the American Board
of Obstetrics and Gynecology in any of its certification or in its
Maintenance of Certification requirements or examinations.
"

Gant goes on to challenge Leavitt, essentially, to prove it:

In none of our various communications with you
and your Department have you provided the American Board of Obstetrics
and Gynecology with "even one" instance of the discrimination of which
you have publically accused it in your Press Release, let alone any
supporting documentation.
My careful and comprehensive review
of the ABOG files does not disclose "even one" instance of a physician
who was denied certification or recertification, or whose certification
was revoked, because the ABOG allegedly required that physician, as you
have charged, to violate his or her conscience by referring patients
for abortions.

The ABOG has previously and privately requested you to provide it
with any cases or documentation you have to support your accusations so
that it could know by whom it has been accused and for what offense. By
this letter, which we are releasing to the public and the press, we
again ask that you provide evidence supporting the serious and damaging
charges you have made.

In other words, ABOG has clearly restated that certification
is not at issue if a provider refuses to perform or refer for abortion,
and is challenging Leavitt to provide any evidence that this is a real
justification for the regulation, which he has thus far failed to
provide. Gant goes on to request that formal hearings be held
for receipt of public comment so the the "intent and full implications
of any proposed Regulations governing ‘conscience rights’ may be fully
understood."

Gant also notes that it would provide "a public forum in which the
allegations against the ABOG may be refuted, and will offer an
opportunity for a complete consideration of the implications of the
conduct the Regulation would impact, including, but not limited to,
considerations of malpractice liability and the implications on women’s
health care."

This piece was originally posted at Our Bodies Our Blog.

Analysis Politics

The 2016 Republican Platform Is Riddled With Conservative Abortion Myths

Ally Boguhn

Anti-choice activists and leaders have embraced the Republican platform, which relies on a series of falsehoods about reproductive health care.

Republicans voted to ratify their 2016 platform this week, codifying what many deem one of the most extreme platforms ever accepted by the party.

“Platforms are traditionally written by and for the party faithful and largely ignored by everyone else,” wrote the New York Times‘ editorial board Monday. “But this year, the Republicans are putting out an agenda that demands notice.”

“It is as though, rather than trying to reconcile Mr. Trump’s heretical views with conservative orthodoxy, the writers of the platform simply opted to go with the most extreme version of every position,” it continued. “Tailored to Mr. Trump’s impulsive bluster, this document lays bare just how much the G.O.P. is driven by a regressive, extremist inner core.”

Tucked away in the 66-page document accepted by Republicans as their official guide to “the Party’s principles and policies” are countless resolutions that seem to back up the Times‘ assertion that the platform is “the most extreme” ever put forth by the party, including: rolling back marriage equalitydeclaring pornography a “public health crisis”; and codifying the Hyde Amendment to permanently block federal funding for abortion.

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

Anti-choice activists and leaders have embraced the platform, which the Susan B. Anthony List deemed the “Most Pro-life Platform Ever” in a press release upon the GOP’s Monday vote at the convention. “The Republican platform has always been strong when it comes to protecting unborn children, their mothers, and the conscience rights of pro-life Americans,” said the organization’s president, Marjorie Dannenfelser, in a statement. “The platform ratified today takes that stand from good to great.”  

Operation Rescue, an organization known for its radical tactics and links to violence, similarly declared the platform a “victory,” noting its inclusion of so-called personhood language, which could ban abortion and many forms of contraception. “We are celebrating today on the streets of Cleveland. We got everything we have asked for in the party platform,” said Troy Newman, president of Operation Rescue, in a statement posted to the group’s website.

But what stands out most in the Republicans’ document is the series of falsehoods and myths relied upon to push their conservative agenda. Here are just a few of the most egregious pieces of misinformation about abortion to be found within the pages of the 2016 platform:

Myth #1: Planned Parenthood Profits From Fetal Tissue Donations

Featured in multiple sections of the Republican platform is the tired and repeatedly debunked claim that Planned Parenthood profits from fetal tissue donations. In the subsection on “protecting human life,” the platform says:

We oppose the use of public funds to perform or promote abortion or to fund organizations, like Planned Parenthood, so long as they provide or refer for elective abortions or sell fetal body parts rather than provide healthcare. We urge all states and Congress to make it a crime to acquire, transfer, or sell fetal tissues from elective abortions for research, and we call on Congress to enact a ban on any sale of fetal body parts. In the meantime, we call on Congress to ban the practice of misleading women on so-called fetal harvesting consent forms, a fact revealed by a 2015 investigation. We will not fund or subsidize healthcare that includes abortion coverage.

Later in the document, under a section titled “Preserving Medicare and Medicaid,” the platform again asserts that abortion providers are selling “the body parts of aborted children”—presumably again referring to the controversy surrounding Planned Parenthood:

We respect the states’ authority and flexibility to exclude abortion providers from federal programs such as Medicaid and other healthcare and family planning programs so long as they continue to perform or refer for elective abortions or sell the body parts of aborted children.

The platform appears to reference the widely discredited videos produced by anti-choice organization Center for Medical Progress (CMP) as part of its smear campaign against Planned Parenthood. The videos were deceptively edited, as Rewire has extensively reported. CMP’s leader David Daleiden is currently under federal indictment for tampering with government documents in connection with obtaining the footage. Republicans have nonetheless steadfastly clung to the group’s claims in an effort to block access to reproductive health care.

Since CMP began releasing its videos last year, 13 state and three congressional inquiries into allegations based on the videos have turned up no evidence of wrongdoing on behalf of Planned Parenthood.

Dawn Laguens, executive vice president of Planned Parenthood Action Fund—which has endorsed Hillary Clinton—called the Republicans’ inclusion of CMP’s allegation in their platform “despicable” in a statement to the Huffington Post. “This isn’t just an attack on Planned Parenthood health centers,” said Laguens. “It’s an attack on the millions of patients who rely on Planned Parenthood each year for basic health care. It’s an attack on the brave doctors and nurses who have been facing down violent rhetoric and threats just to provide people with cancer screenings, birth control, and well-woman exams.”

Myth #2: The Supreme Court Struck Down “Commonsense” Laws About “Basic Health and Safety” in Whole Woman’s Health v. Hellerstedt

In the section focusing on the party’s opposition to abortion, the GOP’s platform also reaffirms their commitment to targeted regulation of abortion providers (TRAP) laws. According to the platform:

We salute the many states that now protect women and girls through laws requiring informed consent, parental consent, waiting periods, and clinic regulation. We condemn the Supreme Court’s activist decision in Whole Woman’s Health v. Hellerstedt striking down commonsense Texas laws providing for basic health and safety standards in abortion clinics.

The idea that TRAP laws, such as those struck down by the recent Supreme Court decision in Whole Woman’s Health, are solely for protecting women and keeping them safe is just as common among conservatives as it is false. However, as Rewire explained when Paul Ryan agreed with a nearly identical claim last week about Texas’ clinic regulations, “the provisions of the law in question were not about keeping anybody safe”:

As Justice Stephen Breyer noted in the opinion declaring them unconstitutional, “When directly asked at oral argument whether Texas knew of a single instance in which the new requirement would have helped even one woman obtain better treatment, Texas admitted that there was no evidence in the record of such a case.”

All the provisions actually did, according to Breyer on behalf of the Court majority, was put “a substantial obstacle in the path of women seeking a previability abortion,” and “constitute an undue burden on abortion access.”

Myth #3: 20-Week Abortion Bans Are Justified By “Current Medical Research” Suggesting That Is When a Fetus Can Feel Pain

The platform went on to point to Republicans’ Pain-Capable Unborn Child Protection Act, a piece of anti-choice legislation already passed in several states that, if approved in Congress, would create a federal ban on abortion after 20 weeks based on junk science claiming fetuses can feel pain at that point in pregnancy:

Over a dozen states have passed Pain-Capable Unborn Child Protection Acts prohibiting abortion after twenty weeks, the point at which current medical research shows that unborn babies can feel excruciating pain during abortions, and we call on Congress to enact the federal version.

Major medical groups and experts, however, agree that a fetus has not developed to the point where it can feel pain until the third trimester. According to a 2013 letter from the American Congress of Obstetricians and Gynecologists, “A rigorous 2005 scientific review of evidence published in the Journal of the American Medical Association (JAMA) concluded that fetal perception of pain is unlikely before the third trimester,” which begins around the 28th week of pregnancy. A 2010 review of the scientific evidence on the issue conducted by the British Royal College of Obstetricians and Gynaecologists similarly found “that the fetus cannot experience pain in any sense prior” to 24 weeks’ gestation.

Doctors who testify otherwise often have a history of anti-choice activism. For example, a letter read aloud during a debate over West Virginia’s ultimately failed 20-week abortion ban was drafted by Dr. Byron Calhoun, who was caught lying about the number of abortion-related complications he saw in Charleston.

Myth #4: Abortion “Endangers the Health and Well-being of Women”

In an apparent effort to criticize the Affordable Care Act for promoting “the notion of abortion as healthcare,” the platform baselessly claimed that abortion “endangers the health and well-being” of those who receive care:

Through Obamacare, the current Administration has promoted the notion of abortion as healthcare. We, however, affirm the dignity of women by protecting the sanctity of human life. Numerous studies have shown that abortion endangers the health and well-being of women, and we stand firmly against it.

Scientific evidence overwhelmingly supports the conclusion that abortion is safe. Research shows that a first-trimester abortion carries less than 0.05 percent risk of major complications, according to the Guttmacher Institute, and “pose[s] virtually no long-term risk of problems such as infertility, ectopic pregnancy, spontaneous abortion (miscarriage) or birth defect, and little or no risk of preterm or low-birth-weight deliveries.”

There is similarly no evidence to back up the GOP’s claim that abortion endangers the well-being of women. A 2008 study from the American Psychological Association’s Task Force on Mental Health and Abortion, an expansive analysis on current research regarding the issue, found that while those who have an abortion may experience a variety of feelings, “no evidence sufficient to support the claim that an observed association between abortion history and mental health was caused by the abortion per se, as opposed to other factors.”

As is the case for many of the anti-abortion myths perpetuated within the platform, many of the so-called experts who claim there is a link between abortion and mental illness are discredited anti-choice activists.

Myth #5: Mifepristone, a Drug Used for Medical Abortions, Is “Dangerous”

Both anti-choice activists and conservative Republicans have been vocal opponents of the Food and Drug Administration (FDA’s) March update to the regulations for mifepristone, a drug also known as Mifeprex and RU-486 that is used in medication abortions. However, in this year’s platform, the GOP goes a step further to claim that both the drug and its general approval by the FDA are “dangerous”:

We believe the FDA’s approval of Mifeprex, a dangerous abortifacient formerly known as RU-486, threatens women’s health, as does the agency’s endorsement of over-the-counter sales of powerful contraceptives without a physician’s recommendation. We support cutting federal and state funding for entities that endanger women’s health by performing abortions in a manner inconsistent with federal or state law.

Studies, however, have overwhelmingly found mifepristone to be safe. In fact, the Association of Reproductive Health Professionals says mifepristone “is safer than acetaminophen,” aspirin, and Viagra. When the FDA conducted a 2011 post-market study of those who have used the drug since it was approved by the agency, they found that more than 1.5 million women in the U.S. had used it to end a pregnancy, only 2,200 of whom had experienced an “adverse event” after.

The platform also appears to reference the FDA’s approval of making emergency contraception such as Plan B available over the counter, claiming that it too is a threat to women’s health. However, studies show that emergency contraception is safe and effective at preventing pregnancy. According to the World Health Organization, side effects are “uncommon and generally mild.”

Roundups Politics

Campaign Week in Review: Cable News Turned Mostly to Men to Discuss Clinton’s Historic Moment

Ally Boguhn

Even as Hillary Clinton seemed to clinch the Democratic nomination, cable news shows barely had women on to discuss this moment. Also this week, Sen. Marco Rubio announced that his political aspirations didn't end with his presidential run.

This week on the campaign trail, Hillary Clinton becoming the first female presumptive nominee of a major party wasn’t enough to push cable news to bring on women to discuss it, and former presidential candidate Sen. Marco Rubio (R-FL) changed his mind about running for re-election to the Senate. 

Cable News Turns Largely to Men to Discuss ElectionEven Amid Clinton’s Historic Moment

When Clinton became the first female presumptive nominee of a major party earlier this month, cable news tapped more men than women to discuss the historic moment.

As Gender Avenger Founder Gina Glantz, Women’s Media Center President Julie Burton, and Center for American Women and Politics Director Debbie Walsh explained in a Tuesday column for USA Today:

On the day when headlines and large photos of the former secretary of State celebrated her historic role in American politics, not one woman appeared on Fox News’ The Kelly File. In fact, the only time Hillary Clinton was mentioned was when Megyn Kelly speculated about the cost of her wardrobe, referred to a focus group discussing Clinton’s supposed divisiveness and considered whether President Obama’s endorsement would create a conflict of interest with the investigation of her State Department emails. 

Other cable shows did a bit—just a bit—better. On CNN’s Anderson Cooper 360 and the MSNBC, Fox, and CNN morning shows (Morning Joe, Fox & Friends, New Day) about one in three of the voices in their discussions were women. Only The Rachel Maddow Show on MSNBC hit 50%.

Gender Avenger, an organization that seeks to “build a community that ensures women are represented in the public dialog [sic]” has partnered with the Women’s Media Center and the Center for American Women and Politics to release monthly reports on how many women appear to discuss the 2016 presidential elections on some of cable news’ most-watched television programs. According to its website, the organization “monitors the highest-rated morning and evening shows on three major television news networks: CNN, FOX, and MSNBC. Any guest who is not the host (or substitute host) and is asked to comment substantively on the 2016 presidential election is counted as an analyst.”

Like This Story?

Your $10 tax-deductible contribution helps support our research, reporting, and analysis.

Donate Now

Analyzing data from March 1 to May 31, the groups found that only CNN’s Anderson Cooper 360 had roughly equivalent ratios of men and women on to discuss the election. Of the other nightly programs, only 15 percent of guests who joined Fox News’ Kelly File to talk about the presidential election were women; 33 percent of guests on MSNBC’s Rachel Maddow Show to discuss related issues were women.

All morning programs examined had a poor ratio of men-to-women guests who discussed the election: CNN’s New Day had 31 percent women guests, Fox News’ Fox and Friends had 22 percent, and MSNBC’s Morning Joe had 24 percent.

Glantz and her co-authors explained in their column that these findings coincide with past research from the Women’s Media Center, which found that “in 2014, men reported 65 percent of all U. S. political news stories.” 

Former Republican Presidential Candidate Rubio Decides to Run for Senate Re-Election

After losing the 2016 Republican nomination for presidentand spending months of vowing he would be a “private citizen” in JanuaryRubio has decided to run to keep his Senate seat.

Admitting that he had previously expressed frustrations at the limitations of what he could accomplish in the Senate, (remember, he justified skipping Senate votes because of his “frustration” with the process), Rubio cited the importance of Florida’s position in determining which party would hold the Senate as a key factor in his decision. “Control of the Senate may very well come down to the race in Florida,” said Rubio in a press release announcing his decision. “The stakes for our nation could not be higher.”

Rubio went on to point to the 2016 presidential as another component to his decision to run for re-election, reasoning that “no matter who is elected president, there is reason for worry.”

Calling Donald Trump’s rhetoric about women and people of color “not just offensive but unacceptable,” Rubio noted that the prospect of electing the presumptive Republican nominee to the White House was “worrisome.” He also criticized Clinton, claiming that electing her “would be a repeat of the early years of the current administration, when we got Obamacare, the failed stimulus and a record debt.”

Rubio’s late-entrance into the race was not unexpected. Last week, Rep. David Jolly dropped out of the GOP primary race for the seat Rubio was supposed to be vacating, instead deciding to run for re-election to the House. Just before he announced his decision, Jolly appeared on CNN’s New Day, mentioning that “Marco is saying he is getting in [the race],” seemingly referencing rumors Rubio would be running.

The New York Times reported that Rubio has already told “colleagues and advisers that he is considering running for president again, in 2020 or 2024.” Yet Rubio told CNN today that “if my plan was to run for president in 2020, jumping into a race like this with all the political risks associated with it would not be the decision one would make.” He did not, however, explicitly rule out a presidential run.

The Florida senator’s time in the presidential race this season was marked by anti-choice positions so extreme even some Republicans questioned his electability. As Rewire previously reported, “Rubio’s anti-choice views were a key part of his platform throughout his campaign, even leading him to create an advisory board of anti-choice leaders and activists to advise his campaign on how to chip away at abortion rights.”

What Else We’re Reading

Presidential candidate Sen. Bernie Sanders (I-VT) on Friday said he would vote for Clinton to “focus on defeating Republican Donald Trump,” according to CNBC.

A Moody’s Analytics analysis released Monday found that electing Trump to the presidency would hurt the economy “significantly,” leading to a nationwide recession.

“I hate the concept of profiling. But we have to start using common sense,” said Trump on CBS’ Face the Nation Sunday, seemingly suggesting that the United States should indeed begin profiling against Muslims.

Ann Friedman wrote in New York Magazine that the “real lesson of the Obama presidency is not that our sitting president is a failure. It’s that having a president who looks like a feminist is not enough.”

Washington Posts Glenn Kessler looked into a claim made in a recent Clinton campaign ad suggesting that the Democrat had worked across the aisle as first lady on child health programs.

Did Trump’s campaign really pay $35,000 to advertising firm “Draper Sterling” (the last names, of course, of two leading characters from Mad Men)?

Aliza Abarbanel highlighted in Elle magazine the 27.3 million Latinos who will vote this November, and what they think about the election.

Politico offered a look into a campaign finance case that could be “the next Citizens United.”