Roundup: Anti-Choice Rejoice While Carhart Plans New Clinics

Robin Marty

Dr. Carhart announces an expansion into new states, and the anti-choice call it "victory," since at least he's shutting down in Nebraska.

Dr. Leroy Carhart is closing his Nebraska clinic, which the anti-choice movement declares to be a victory.  But is it really a victory when he’s opening up three new clinics instead?

Via the Washington Post:

A Nebraska doctor who is one of few in the U.S. performing late-term abortions said Wednesday he wants to ensure more women have access to the procedure by expanding to states where it remains legal.

Dr. LeRoy Carhart said he wants to open new clinics near Washington D.C. and in Council Bluffs, Iowa, while expanding operations at his existing clinic in Bellevue, Neb. and at a clinic in Indianapolis to offer other reproductive medical treatments. Late-term abortions would be offered at the clinics in the Washington D.C. area and Council Bluffs, he said.

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“There’s certainly a need, and these areas are where the laws are favorable for us to do the practice that I need to do,” Carhart said Wednesday in an interview with The Associated Press.

The anti-choice activists are downplaying the fact that their push to oust Carhart in Nebraska is simply moving him about 20 miles down the road, as well as encouraging him to open additional locations.

From Lifesitenews:

Carhart says he plans to have three new abortion facilities up and running by January with one in the Maryland-D.C. area, and another in Council Bluffs, Iowa offering late-term abortions. He also is acquiring an Indianapolis abortion clinic, which specializes only in early-term abortions.

He said that the reason for moving his late-term abortion business out of Bellvue is Nebraska’s new abortion ban, Legislative Bill 1103. The law prohibits elective abortions after 20 weeks post-conception on the basis that science definitively shows an unborn child feels pain at that age. That standard effectively prohibits Carhart from performing late-term abortions, which provide the bulk of his business.

“This sort of forced us. We had to do it,” Carhart told the Omaha World Herald. “In Iowa and Maryland, we can do the later cases.”

The abortionist plans to coordinate with his lawyers on filing a constitutional challenge against LB 1103, as he moves his business to the new locations.

Julie Schmit-Albin, executive director of Nebraska Right to Life, told the World Herald that Carhart’s decision to move out of state “shows that LB 1103 was the right strategy.”

The anti-abortion groups behind the “Fetal Pain” act now admit that their main goal was to get a challenge to the bill that might get them in front of the Supreme Court.  Since that didn’t happen, now they are claiming moving Carhart is just as big of a victory.

The genius behind the legislation was the thinking that it would be challenged in court and the pro-life movement could win a favorable decision from the high court on the heels of the ruling upholding the national partial-birth abortion ban.

Mary Balch, the state legislative director for the National Right to Life Committee, said at the time that she hoped it would cause a national discussion on the pain unborn children feel because it draws attention to their humanity and need for legal protection.

Also, she hoped the Pain Capable Unborn Child Protection Act could see the same group of five members of the Supreme Court who backed the partial-birth abortion ban uphold it as constitutional and allow more abortions to be prohibited.

But, with the news that the late-term abortion practitioner LeRoy Carhart is possibly relocating to another state and him saying the fetal pain bill is responsible, Balch says the further genius of the bill is seen.

“This announcement illustrates the importance of having states pass protective laws such as the one passed in Nebraska,” she told LifeNews.com this afternoon. “Now is the time for Right to Lifers to capitalize on the dramatic pro-life gains in state legislative and gubernatorial elections last week and to make it illegal to kill unborn children who are capable of feeling pain.”

“As a result of last week’s elections, the number of states where pro-life legislation stands a realistic chance of enactment has substantially increased,” the pro-life attorney added.

With a number of state legislatures moving to complete GOP control, copy cat legislation can be expected to pop up all over in the next session.  The idea that this type of onerous, controversial bill could be held to one state is no longer a given, and a court challenge is likely to be the only way to avoid a country that will allow women the right to an abortion after 20 weeks only if she is lucky enough to live in a certain state.

Mini Roundup: Maybe abortion doesn’t cause mental health issues for every woman, but the public still believes every woman should at the very least be ashamed.  And if you aren’t, you’re just “hiding” from it.

November 11, 2010

November 10, 2010

News Abortion

Anti-Choice Legislator Confirms Vote on House Conscience Protections (Updated)

Christine Grimaldi

The Conscience Protection Act would give health-care providers a private right of action to seek civil damages in court, should they face supposed coercion to provide abortion care or discrimination stemming from their refusal to assist in abortion care. The Act allows providers to sue not only for threats, but also for perceived threats.

UPDATE: July 14, 10 a.m.: The House passed the Conscience Protection Act Wednesday night in a largely party line 245-182 vote. Prior to floor consideration, House Republicans stripped the text of an unrelated Senate-passed bill (S. 304) and replaced it with the Conscience Protection Act. They likely did so to skip the Senate committee referral process, House Democratic aides told Rewire, expediting consideration across the capitol and, in theory, ushering a final bill to the president’s desk. President Barack Obama, however, would veto the Conscience Protection Act, according to a statement of administration policy.

The U.S. House of Representatives will vote next Wednesday on legislation that would allow a broadened swath of health-care providers to sue if they’re supposedly coerced into providing abortion care, or if they face discrimination for refusing to provide such care, according to a prominent anti-choice lawmaker.

Rep. Joe Pitts (R-PA) told Rewire in a Friday morning interview that House leadership confirmed a vote on the Conscience Protection Act (H.R. 4828) for July 13, days before the chamber adjourns for the presidential nominating conventions and the August recess. Pitts said he expects the bill to be brought up as a standalone measure, rather than as an amendment to any of the spending bills that have seen Republican amendments attacking a range of reproductive health care and LGBTQ protections.

The office of U.S. House Speaker Paul Ryan (R-WI) had no immediate comment.

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Pitts’ remarks came during and after he hosted a “Forum on Conscience Protections” in the House Energy and Commerce Committee room to garner support for the bill.

Energy and Commerce Democrats boycotted the forum, a House Democratic aide told Rewire in a subsequent interview.

Legislation Builds on Precedent

Conscience protections are nothing new, the aide said. The latest iteration is a successor to the Health Care Conscience Rights Act (S. 1919/H.R. 940), which remains pending in the House and U.S. Senate. There’s also the Abortion Non-Discrimination Act (S. 50) and similarly named bills in both chambers. The fiscal year 2017 Labor, Health, and Human Services funding bill, which guts Title X and Teen Pregnancy Prevention grants, includes the Health Care Conscience Rights Act.

At the leadership level, Ryan’s recently released health-care plan mimics key provisions in the Conscience Protection Act. Both would give health-care providers a private right of action to seek civil damages in court, should they face alleged coercion or discrimination stemming from their refusal to assist in abortion care. The Conscience Protection Act goes a step further, allowing providers to sue not only for threats, but also for perceived threats.

The proposals would also codify and expand the Weldon Amendment, named for former Rep. Dave Weldon (R-FL), who participated in Pitts’ conscience forum. The Weldon Amendment prohibits states that receive federal family planning funding from discriminating against health-care plans based on whether they cover abortion care. Currently, Congress must pass Weldon every year as an amendment to annual appropriations bills.

Administration Action Provides Impetus

There hadn’t been much public dialogue around conscience protections with the exception of some anti-choice groups that “have really been all over it,” the aide said. The National Right to Life issued an action alert, as did the Susan B. Anthony List, to galvanize support for the Conscience Protection Act.

The relative silence on the issue began to break after the Obama administration took a stand on abortion care in June.

The U.S. Department of Health and Human Services’ Office for Civil Rights rejected anti-choice groups’ “right of conscience” complaint against California’s requirement that insurance plans must cover elective abortions under the definition of “basic health-care services.” Anti-choice groups had argued the California law violates the Weldon Amendment, but the administration found otherwise.

The California decision reinvigorated support for the Conscience Protection Act, the aide said. Ryan’s earlier health-care plan also specifically references the decision.

“We think this is going to be a big issue for us throughout the rest of this Congress,” the aide said.

Aide Outlines Additional Consequences

Beyond creating a private right of action and codifying Weldon, the Conscience Protection Act contains additional consequences for abortion care, the aide said.

The legislation would expand the definition of health-care providers to employers, social service organizations, and any other entity that offers insurance coverage, allowing them to raise objections under Weldon, the aide said. The aide characterized the change as a direct response to the California decision.

The legislation also broadens the list of objectionable services to include facilitating or making arrangements for abortion care, according to the aide.

The Republican-dominated House is likely to pass the Conscience Protection Act. But the aide did not expect it to advance in the Senate, which would all but certainly require a 60-vote threshold for such a controversial measure. More than anything, the aide said, the bill seems to be catering to anti-choice groups and long-time proponents of conscience clauses.

“The House oftentimes will pass these kinds of anti-choice proposals, and then they just go nowhere in the Senate,” the aide said.

Commentary Abortion

Standing Under Sprinklers, Missouri Activists Turn Tables on Anti-Choice Community

Pamela Merritt

Missouri legislators protect and fund crisis pregnancy centers, while ignoring how their constituents are affected by violence and health-care disparities. A new campaign is taking to the streets to refocus their attention.

When I found out in 2015 that anti-choice politicians in Missouri had formed the Senate Interim Committee on the Sanctity of Life, I was outraged that they planned to use valuable time and money to bully Planned Parenthood with yet another baseless investigation.

My second thought was that I wished someone would form a committee to investigate the real issues that threaten the lives of Missourians every day.

Erin Matson and I co-founded Reproaction because we believe in the power of direct action; that the current state of abortion access is a manmade humanitarian crisis; and that people must have the right to decide whether to parent and to live in communities free of violence and oppression.

Those core values inspired us to launch the Show-Me Accountability Campaign in Missouri on June 29. Through the campaign we are leading direct actions to hold members of the Senate Interim Committee on the Sanctity of Life accountable, and demanding Missouri politicians work on the real challenges our communities and neighbors face, such as gun violence and Black infant mortality.

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Missourians deserve access to health care and safe communities, but that’s not the focus of anti-choice legislators. Instead, our lawmakers choose to persecute abortion providers and dish out tax credits to sham crisis pregnancy centers (CPCs).

Missourians have had enough. That’s what brought local progressive activists together, led by Reproaction Missouri organizer Zoe Krause, to launch Show-Me Accountability. We gathered on the sidewalk in front of Thrive, one of at least 65 CPCs anti-choice lawmakers champion despite the fact that the centers have a history of lying to patients seeking reproductive health care. Missouri lawmakers have even pushed legislation to guarantee CPCs aren’t subject to regulation or oversight. We chose Thrive as the location of our launch to illustrate the contrast between what Missouri politicians fund, prioritize, and protect, versus what Missourians actually need them to focus on.

Someone turned the sprinklers on at Thrive just as activists started showing up, providing a nonstop shower that drenched people walking or standing on much of the sidewalk in front of the building. It was an old-school disruption move that made it clear they knew we were coming and weren’t happy about it. We shifted down the sidewalk and started to get in formation.

Several interns from Thrive came outside and tried to physically disrupt our work by repeatedly moving between activists and attempting to surround us. But when we engaged them in conversation, they didn’t appear to know much about the services Thrive provides or that CPCs get tax credits in Missouri. As our speakers began their remarks, Thrive counselors in bright orange vests held signs and guarded the walkway up to the building. I’m familiar with the vests and signs because they are usually seen stationed in front of Missouri’s only abortion provider a few blocks away.

The speakers were amazing, their topics a damning indictment of the issues that wither on the vine in Jefferson City while politicians compete for the attention of anti-abortion lobbyists. Kirstin Palovick, organizer for the grassroots LGBT equality organization PROMO, explained why it hurts our state that lesbian, gay, bisexual, and transgender people in Missouri can be fired from their jobs, evicted from their homes, and denied access to public accommodations and services. Cicely Paine, fellowship manager at CoreAlign and board chair for Community Birth and Wellness, shared her experience as a sex educator in Missouri, where access to comprehensive sex education is not a right enjoyed by all. Mustafa Abdullah, lead organizer for the American Civil Liberties Union of Missouri, passionately detailed the real-world consequences of racial disparities in policing and why police violence is a reproductive justice issue.

I was the final speaker and used my time to talk about why the Black infant mortality rate is a public health crisis worthy of attention and urgency. We ended with chants and a few dances through the shower provided by Thrive’s sprinkler system.

The timing for our campaign launch couldn’t have been better. Shortly after the action at Thrive, the chair of the Senate Interim Committee on the Sanctity of Life announced that there would be a press conference in Jefferson City to discuss a report detailing the results of their “work.” So, Zoe and I took a road trip to the Missouri capitol to witness firsthand what the committee had to say and ask some questions.

At around 1 p.m., several anti-choice members of the committee, including chair Sen. Kurt Schaefer (R-Columbia), gathered in the fourth floor mezzanine in the capitol. Neither Sen. Jill Schupp (D-Creve Coeur) nor Sen. Maria Chappelle Nadal (D-St. Louis), the only pro-choice members of the committee, were in attendance. Neither contributed to the report.

As expected, the yearlong investigation found no evidence that tissue has been illegally sold. Sen. Schaefer acknowledged that the report was not an official report of the committee. Instead, the senators used the press conference to fuss about the U.S. Supreme Court’s recent Whole Woman’s Health v. Hellerstedt decision and voice their frustration over not having uncovered much of anything.

“What is clear is there are many things that are unclear,” Sen. Eric Schmitt (R-Glendale) said during the press conference.

On that one point, I agree.

It remains unclear how much this investigation cost Missourians. We deserve a proper accounting for just how much we invested in this farce. But when Reproaction’s Zoe Krause asked that question during the press conference, the senators refused to answer.

It remains unclear why a committee formed under the title “Sanctity of Life” failed to investigate why Missourians are at risk of being killed by gun-wielding toddlers, why gun deaths surpass deaths resulting from car accidents, or why Black women are three times more likely to have an infant die before the child’s first birthday.

What is clear is that the committee’s press conference was partisan because the committee formed as a platform for anti-choice propaganda. It is clear that the anti-abortion videos used as the excuse for forming the committee have been thoroughly debunked.

Sadly, it is more than clear that some members of the committee think they can get away with wasting the people’s time trying to score political points with anti-choice groups.

We drove away from the capitol more committed than ever to the Show-Me Accountability Campaign. Missourians deserve legislators who will prioritize real-world issues, and we will demand accountability from those who fail to do so. Media coverage of our launch has already sparked long-overdue discussions about the damaging consequences of our state legislature’s misplaced priorities.

That’s the kind of fertile soil accountability can grow in, and we intend to see it grow in Missouri. We are in this for dignity, justice, and liberation. And we’re just getting started.