Roundup: Louisiana Gets on the Mandatory Ultrasound Bandwagon

Robin Marty

Louisiana hops on the "mandatory ultrasounds for everyone, even rape victims!" bandwagon, and the U.K. launches its first commercial for abortion information.

Not to be outdone by the likes of Oklahoma and Florida, Louisiana is spending their legislative session passing a law to authorize mandatory ultrasounds before an abortion procedure as well.  And like Oklahoma, you have to have the ultrasound even if you are a victim of incest and rape.

From the Daily Comet:

A woman seeking an abortion should be required to get an ultrasound first, the Louisiana Senate agreed Tuesday, siding with backers of the proposal who say they hope the procedure could change a woman’s mind.
The ultrasound would have to be performed at least two hours before the abortion. There is no exception in the bill for victims of rape or incest.

Sen. Sharon Broome, D-Baton Rouge, sponsor of the proposal, said the ultrasounds would give women more information before they make such a “critical decision.”

Like This Story?

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

Donate Now

Supporters were clear on their hopes that the ultrasound could dissuade someone from getting an abortion.

Sen. Gerald Long, R-Winnfield, described the bill as “quite personal. It deals with the very core of who we are as individuals. It deals with the values that we believe inherently that life is precious and it needs to be protected.”

The Senate voted 33-4 for the measure, sending it for debate in the House, where it is expected to pass.

The sponsor of the bill claims that this is a move to “empower” women, according to NOLA.com:

Broome described her bill, which is backed by Christian conservative groups and was heavily reworked in the Senate Health & Welfare Committee, as an attempt to empower women by giving them more information before an abortion.

“I think women should have as much information as possible before they make a critical decision about having an abortion,” Broome said.

Meanwhile, Lifenews admits that the mandatory ultrasound push is really just an attempt at emotional manipulation:

The legislation also has the support of the Bioethics Defense Fund and BDF attorney Dorinda Bordlee drafted the legislation.

“Science tells us when life begins,” she told LifeNews.com. “The real question is when love begins. Ultrasound before abortion legislation is highly effective because of the unexpected love women experience when seeing the beauty of their unborn children.”

In a small victory, the legislation was rewritten to remove making it mandatory that the women have to view the ultrasound during the exam,  or have a doctor explain the details of the fetus and any organ or developmental achievements to her.

Mini Roundup: The first abortion services advertisment will soon run on Brittish television.  Anti-choice groups, who hate it when women receive information, are unsurprisingly asking for the ad to be banned.  And in Northern Ireland, they got what they wanted.  But are anti-choice advocates really trying to save the unborn, or just enjoying their power over women?

May 19, 2010

A look at the state budget, transportation and abortion – Miami County Republic

Kagan, abortion, and the Supreme Court’s coming moment of truth on Roe v. Wade – Christian Science Monitor

Abortion foes capitalize on health care law – WLOS

Will ultrasound change women’s mind on abortion? La. Senate thinks so – Daily Comet

Nun excommunicated in abortion row – Orlando Sentinel

Quebec calls on Harper gov’t to respect access to abortion – Montreal Gazette

SC insurance abortion coverage stalls state budget – CNBC

Quebec to Harper: enough with the ambiguity over abortion  – Winnipeg Free Press

Nun excommunicated for abortion – UPI.com

Abortion foes capitalize on health law they fought – KMPH Fox 26

Clear up abortion ‘ambiguity,’ Quebec tells PM – Globe and Mail

Abortion services to be advertised on UK television for first time – The Guardian

Senate backs bill requiring ultrasound before abortions – NOLA.com

SC budget compromise elusive; state insurance abortion for rape, incest a … – CanadianBusiness.com

Nun Excommunicated For Suggesting Abortion – AHN | All Headline News

Louisiana Senate Approves Ultrasound Bill Helping Women Ahead of Abortions – LifeNews.com

Kan. budget item takes Planned Parenthood funds – CNBC

First TV advert selling abortion – but pro-life groups demand a ban – Daily Mail

SC insurance abortion coverage stalls state budget – BusinessWeek

Nun Excommunicated For Allowing Abortion – NPR

Law May Require Ultrasound Before Abortion – KATC Lafayette News

First-Ever TV Abortion Advert Goes On Air – Sky News

Quebec MNAs challenge Harper’s abortion stance – Globe and Mail

Octomom unveiling pet birth control banner – Washington Post

Kansas Budget Item Takes Planned Parenthood Funds – KAKE

Finally – Birth Control for Men! – EmpowHer

Poverty and the Pill – New York Times

Study: Smallpox Eradication Helped HIV Spread – CBS News

Smallpox Vaccine Slows HIV – Newser

TB, HIV Epidemic Response Found Lacking – MedPage Today

‘BORN HIV FREE’ campaign launched by The Global Fund – UNAIDS

Born HIV free by 2015 – ABC Online

While ‘Abstinence-Only’ Pols Get Caught With Their Pants Down, Progressives … – AlterNet

High Rate of Prenatal, Postpartum Depression Found in Fathers – Medscape

13 Pregnancies Prompt Greene Forest (AR) School to Add Abstinence Training – KSPR

Study: Fathers Can Suffer Post-partum Depression – WBAY

May 20, 2010

Channel 4 to air first ads for abortion services – AFP

Quebec politicians unite to criticize Harper on abortion – Toronto Star

House OKs abortion limits – Greenville News

Quebec pushes Ottawa on abortion – Winnipeg Free Press

Outcry over abortion advert is about power, not saving foetuses – The Guardian

Relax, abortion rights are safe – Globe and Mail

PM urged to respect access to abortion – Ottawa Citizen

Abortion ad blocked in Northern Ireland – The Guardian

An AIDS Vaccine is Possible – Weekly Blitz

Hepatitis upsurge rings alarm bells – Himalayan Times

South Africa launches world’s biggest anti-AIDS drive – GlobalPost

Kagan: Church, State and Privacy – Beliefnet.com

How motherhood stopped being a motherhood issue – National Post

The Supreme Court needs more mothers – Gainesville Sun

Analysis Law and Policy

Justice Kennedy’s Silence Speaks Volumes About His Apparent Feelings on Women’s Autonomy

Imani Gandy

Justice Anthony Kennedy’s obsession with human dignity has become a hallmark of his jurisprudence—except where reproductive rights are concerned.

Last week’s decision in Whole Woman’s Health v. Hellerstedt was remarkable not just for what it did say—that two provisions in Texas’s omnibus anti-abortion law were unconstitutional—but for what it didn’t say, and who didn’t say it.

In the lead-up to the decision, many court watchers were deeply concerned that Justice Anthony Kennedy would side with the conservative wing of the court, and that his word about targeted restrictions of abortion providers would signal the death knell of reproductive rights. Although Kennedy came down on the winning side, his notable silence on the “dignity” of those affected by the law still speaks volumes about his apparent feelings on women’s autonomy. That’s because Kennedy’s obsession with human dignity, and where along the fault line of that human dignity various rights fall, has become a hallmark of his jurisprudence—except where reproductive rights are concerned.

His opinion on marriage equality in Obergefell v. Hodges, along with his prior opinions striking down sodomy laws in Lawrence v. Texas and the Defense of Marriage Act in United States v. Windsor, assured us that he recognizes the fundamental human rights and dignity of LGBTQ persons.

On the other hand, as my colleague Jessica Mason Pieklo noted, his concern in Schuette v. Coalition to Defend Affirmative Action about the dignity of the state, specifically the ballot initiative process, assured us that he is willing to sweep aside the dignity of those affected by Michigan’s affirmative action ban in favor of the “‘dignity’ of a ballot process steeped in racism.”

Meanwhile, in his majority opinion in June’s Fisher v. University of Texas, Kennedy upheld the constitutionality of the University of Texas’ affirmative action program, noting that it remained a challenge to this country’s education system “to reconcile the pursuit of diversity with the constitutional promise of equal treatment and dignity.”

It is apparent that where Kennedy is concerned, dignity is the alpha and the omega. But when it came to one of the most important reproductive rights cases in decades, he was silent.

This is not entirely surprising: For Kennedy, the dignity granted to pregnant women, as evidenced by his opinions in Planned Parenthood v. Casey and Gonzales v. Carhart, has been steeped in gender-normative claptrap about abortion being a unique choice that has grave consequences for women, abortion providers’ souls, and the dignity of the fetus. And in Whole Woman’s Health, when Kennedy was given another chance to demonstrate to us that he does recognize the dignity of women as women, he froze.

Like This Story?

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

Donate Now

He didn’t write the majority opinion. He didn’t write a concurring opinion. He permitted Justice Stephen Breyer to base the most important articulation of abortion rights in decades on data. There was not so much as a callback to Kennedy’s flowery articulation of dignity in Casey, where he wrote that “personal decisions relating to marriage, procreation, contraception, family relationships, child rearing, and education” are matters “involving the most intimate and personal choices a person may make in a lifetime, choices central to personal dignity and autonomy.” (While Casey was a plurality opinion, various Court historians have pointed out that Kennedy himself wrote the above-quoted language.)

Of course, that dignity outlined in Casey is grounded in gender paternalism: Abortion, Kennedy continued, “is an act fraught with consequences for others: for the woman who must live with the implications of her decision; for the persons who perform and assist in the procedures for the spouse, family, and society which must confront the knowledge that these procedures exist, procedures some deem nothing short of an act of violence against innocent human life; and, depending on one’s beliefs, for the life or potential life that is aborted.” Later, in Gonzales, Kennedy said that the Partial-Birth Abortion Ban “expresses respect for the dignity of human life,” with nothing about the dignity of the women affected by the ban.

And this time around, Kennedy’s silence in Whole Woman’s Health may have had to do with the facts of the case: Texas claimed that the provisions advanced public health and safety, and Whole Woman’s Health’s attorneys set about proving that claim to be false. Whole Woman’s Health was the sort of data-driven decision that did not strictly need excessive language about personal dignity and autonomy. As Breyer wrote, it was a simple matter of Texas advancing a reason for passing the restrictions without offering any proof: “We have found nothing in Texas’ record evidence that shows that, compared to prior law, the new law advanced Texas’ legitimate interest in protecting women’s health.”

In Justice Ruth Bader Ginsburg’s two-page concurrence, she succinctly put it, “Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatory-surgical-center or hospital admitting-privileges requirements.”

“Targeted Regulation of Abortion Providers laws like H.B. 2 that ‘do little or nothing for health, but rather strew impediments to abortion,’ cannot survive judicial inspection,” she continued, hammering the point home.

So by silently signing on to the majority opinion, Kennedy may simply have been expressing that he wasn’t going to fall for the State of Texas’ efforts to undermine Casey’s undue burden standard through a mixture of half-truths about advancing public health and weak evidence supporting that claim.

Still, Kennedy had a perfect opportunity to complete the circle on his dignity jurisprudence and take it to its logical conclusion: that women, like everyone else, are individuals worthy of their own autonomy and rights. But he didn’t—whether due to his Catholic faith, a deep aversion to abortion in general, or because, as David S. Cohen aptly put it, “[i]n Justice Kennedy’s gendered world, a woman needs … state protection because a true mother—an ideal mother—would not kill her child.”

As I wrote last year in the wake of Kennedy’s majority opinion in Obergefell, “according to [Kennedy’s] perverse simulacrum of dignity, abortion rights usurp the dignity of motherhood (which is the only dignity that matters when it comes to women) insofar as it prevents women from fulfilling their rightful roles as mothers and caregivers. Women have an innate need to nurture, so the argument goes, and abortion undermines that right.”

This version of dignity fits neatly into Kennedy’s “gendered world.” But falls short when compared to jurists internationally,  who have pointed out that dignity plays a central role in reproductive rights jurisprudence.

In Casey itself, for example, retired Justice John Paul Stevens—who, perhaps not coincidentally, attended the announcement of the Whole Woman’s Health decision at the Supreme Court—wrote that whether or not to terminate a pregnancy is a “matter of conscience,” and that “[t]he authority to make such traumatic and yet empowering decisions is an element of basic human dignity.”

And in a 1988 landmark decision from the Supreme Court of Canada, Justice Bertha Wilson indicated in her concurring opinion that “respect for human dignity” was key to the discussion of access to abortion because “the right to make fundamental personal decision without interference from the state” was central to human dignity and any reading of the Canadian Charter of Rights and Freedoms 1982, which is essentially Canada’s Bill of Rights.

The case was R. v. Morgentaler, in which the Supreme Court of Canada found that a provision in the criminal code that required abortions to be performed only at an accredited hospital with the proper certification of approval from the hospital’s therapeutic abortion committee violated the Canadian Constitution. (Therapeutic abortion committees were almost always comprised of men who would decide whether an abortion fit within the exception to the criminal offense of performing an abortion.)

In other countries, too, “human dignity” has been a key component in discussion about abortion rights. The German Federal Constitutional Court explicitly recognized that access to abortion was required by “the human dignity of the pregnant woman, her… right to life and physical integrity, and her right of personality.” The Supreme Court of Brazil relied on the notion of human dignity to explain that requiring a person to carry an anencephalic fetus to term caused “violence to human dignity.” The Colombian Constitutional Court relied upon concerns about human dignity to strike down abortion prohibition in instances where the pregnancy is the result of rape, involves a nonviable fetus, or a threat to the woman’s life or health.

Certainly, abortion rights are still severely restricted in some of the above-mentioned countries, and elsewhere throughout the world. Nevertheless, there is strong national and international precedent for locating abortion rights in the square of human dignity.

And where else would they be located? If dignity is all about permitting people to make decisions of fundamental personal importance, and it turns out, as it did with Texas, that politicians have thrown “women’s health and safety” smoke pellets to obscure the true purpose of laws like HB 2—to ban abortion entirely—where’s the dignity in that?

Perhaps I’m being too grumpy. Perhaps I should just take the win—and it is an important win that will shape abortion rights for a generation—and shut my trap. But I want more from Kennedy. I want him to demonstrate that he’s not a hopelessly patriarchal figure who has icky feelings when it comes to abortion. I want him to recognize that some women have abortions and it’s not the worst decision they’ve ever made or the worst thing that ever happened to him. I want him to recognize that women are people who deserve dignity irrespective of their choices regarding whether and when to become a mother. And, ultimately, I want him to write about a woman’s right to choose using the same flowery language that he uses to discuss LGBTQ rights and the dignity of LGBTQ people.  He could have done so here.

Forcing the closure of clinics based on empty promises of advancing public health is an affront to the basic dignity of women. Not only do such lies—and they are lies, as evidenced by the myriad anti-choice Texan politicians who have come right out and said that passing HB 2 was about closing clinics and making abortion inaccessible—operate to deprive women of the dignity to choose whether to carry a pregnancy to term, they also presume that the American public is too stupid to truly grasp what’s going on.

And that is quintessentially undignified.

News Politics

Trump University ‘Preyed Upon the Elderly and Uneducated,’ Claims Former Trump Staffer

Ally Boguhn

The almost 400 pages of documents released Tuesday included Trump University’s “playbook,” detailing techniques the so-called university’s salespeople were instructed to use. The book told employees to identify seminar “buyers” by sorting through student profiles based on their liquid assets.

Recently unsealed court documents from a class action lawsuit against Trump University—a for-profit company founded by presumptive presidential Republican nominee Donald Trump—revealed the tactics employed by the business to aggressively push their classes.

The almost 400 pages of documents released Tuesday included Trump University’s “playbook,” detailing techniques the so-called university’s salespeople were instructed to use. The book told employees to identify seminar “buyers” by sorting through student profiles based on their liquid assets, CNN reported. Staff members were told to address buyers’ doubts about going into debt with scripted responses:

I don’t like using my credit cards and going into debt: “[D]o you like living paycheck to paycheck? … Do you enjoy seeing everyone else but yourself in their dream houses and driving their dreams cars with huge checking accounts? Those people saw an opportunity, and didn’t make excuses, like what you’re doing now.”

Testimony from former Trump University Sales Manager Ronald Schnackenberg uncovered by the New York Times claims that staff were pushed to exploit those struggling financially. Schnackenberg claimed in written testimony that he was once “reprimanded” for not pushing a couple he felt was in a “precarious financial condition” to buy a $35,000 real estate class using their disability income and a loan.

Like This Story?

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

Donate Now

Schnackenberg said he believed “Trump University was a fraudulent scheme, and that it preyed upon the elderly and uneducated to separate them from their money.”

Some of the released documents were later ordered to be resealed after U.S. District Judge Gonzalo P. Curiel, who is presiding over two of the three lawsuits against Trump University, on grounds that they were “mistakenly” released to the public. Trump University faces a second class action lawsuit as well as a $40 million lawsuit brought by New York Attorney General Eric Schneiderman.

Schneiderman on Thursday told Good Morning America host George Stephanopoulos that Trump University had engaged in fraud. “We have a law [in New York] against running an illegal, unlicensed university,” Schneiderman said. “This never was a university. The fraud started with the name of the organization, and you can’t just go around saying this is the George Stephanopoulos Law Firm/Hospital/University without actually qualifying and registering, so it was really a fraud from beginning to end.”

Trump’s pending Trump University lawsuits have been under increasing scrutiny. The Republican made headlines again Friday for lobbing “racially tinged” attacks on Curiel.

“I have a judge who is a hater of Donald Trump, a hater. He’s a hater,” Trump said at a campaign rally in San Diego, going on to speculate that the judge may be “Mexican.”

Trump nevertheless vowed in a Thursday tweet to reopen Trump University once the pending lawsuits against the business have concluded.

Democratic presidential candidate Hillary Clinton’s campaign wasted no time this week blasting the presumptive GOP nominee for his role in Trump University after the release of the case’s documents. Speaking about the matter during a campaign rally at Rutgers University in New Jersey, Clinton called out Trump’s for-profit school.

“This is just more evidence that Donald Trump himself is a fraud. He is trying to scam America the way he tried to scam all of those people at Trump U,” Clinton said. “Trump and his employees took advantage of vulnerable Americans, encouraging them to max out their credit cards, empty their retirement savings, destroy their financial futures—all while making promises they knew were false from the beginning.”