News Politics

Yoest: Arizona 20-Week Gestational Ban Written With Kennedy In Mind

Robin Marty

The anti-choice advocate is ready to see just how much the Supreme Court's swing vote is willing to "protect" women.

Emily Bazelton’s insightful profile of American United for Life’s Charmaine Yoest is a detailed and colorful picture of a woman she frames as waging a “cheerful” war on abortion. The New York Times piece also includes a very interesting tidbit about the upcoming court challenge over Arizona’s 20-week gestational abortion ban, which will be heard by the Ninth Circuit on Monday.

According to Yoest, regardless of the outcome next week, AUL considers it a win.

Yoest was also involved in pushing for Arizona’s Mother’s Health and Safety Act, which passed in April and bans abortions after 20 weeks because the risks of medical complications rise around this point in pregnancy — in other words, supposedly to protect women’s health…From Yoest’s perspective, the Arizona litigation is win-win: if the Ninth Circuit strikes the law down, the case could be bound for the Supreme Court, where Yoest hopes that Justice Kennedy would take kindly to the idea that the law was written to help women.

“I’m thinking about flying to San Francisco to hear the argument in the case because that’s such a signature piece of legislation for us,” she said about the Arizona law. “Expanding its reach to other states will definitely be one of our priorities.”

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Yoest makes it clear that the legislation was written with the dual intent both of offering the Supreme Court an opportunity to decide that “fetal pain” could be a new cut-off point for banning abortion (despite the medical inaccuracy of the claims), as well as an opening for the court to extend the state’s interest in promoting fetal life to an interest in “protecting” women who are pregnant from potential harm—something Yoest believes Kennedy of all the justices would be willing to consider.

Roe very seriously could be in jeopardy just 40 years after being put in place.

News Family Planning

Lawsuit Challenges Arizona’s Attempt to Defund Planned Parenthood

Nicole Knight Shine

The Republican-backed law specifically targets abortion providers, excluding any facility from Medicaid that fails "to segregate taxpayer dollars from abortions, including the use of taxpayer dollars for any overhead expenses attributable to abortions.”

Planned Parenthood and the American Civil Liberties Union (ACLU) asked a federal court to block an Arizona law defunding Planned Parenthood, arguing in a legal challenge filed Thursday that the Arizona measure is “illegal.”

The GOP-backed law, signed by Republican Gov. Doug Ducey in May, specifically targets abortion providers, excluding any facility from Medicaid that fails “to segregate taxpayer dollars from abortions, including the use of taxpayer dollars for any overhead expenses attributable to abortions.”

Federal law already bars health-care providers from using Medicaid dollars for abortion care, except in cases of rape, incest, or life endangerment.

In an 18-page complaint, the plaintiffs argue that the restriction is impermissible under Medicaid statutes, and they ask for an injunction on the law, which goes into effect August 6. Planned Parenthood said in an emailed statement that the law could slash funding for birth control, cancer screenings, and preventive care, affecting more than 2,500 Medicaid patients in the state.

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The Arizona Health Care Cost Containment System, the state Medicaid agency, did not respond to a request for comment.

Jennifer Lee, staff attorney at the ACLU, called the Arizona law “another attempt to intimidate doctors who provide abortion and to punish low-income women in particular,” in a statement announcing the lawsuit. Planned Parenthood operates 11 medical centers in the state, including three in underserved and impoverished communities with high rates of infant mortality, according to the court filing.

At least ten states, including Arizona, have attempted to strip Planned Parenthood of funding—the fallout from a string of deceptive smear videos masterminded by David Daleiden, the head of the anti-choice front group the Center for Medical Progress, who now faces a felony record-tampering charge.

“This case is about the people who rely on us for basic care every day,” said Cecile Richards, president of Planned Parenthood Federation of America, in an announcement of the Arizona suit. “We’ll continue fighting in Arizona, and anywhere else there are efforts to block our patients from the care they need.”

The Arizona law represents the state’s second attempt to defund Planned Parenthood. In 2014, the Ninth Circuit Court of Appeals affirmed a lower court decision finding a similar defunding measure, HB 2800, violated federal Medicaid law.

In April, the federal Centers for Medicare & Medicaid Services sent a letter to all 50 states saying that cutting funding to qualified providers solely because they provide abortion care violates federal law.

Independent analysis suggests gutting Planned Parenthood funding exacts a toll on health care.

2015 report from the Congressional Budget Office indicated that health-care access would suffer under Planned Parenthood funding cuts, with the potential for $650 million in additional Medicaid spending over a decade and thousands of more births.

In Texas, births surged 27 percent among low-income women who were using injectable birth control but lost access to the service when the state cut Medicaid funding to Planned Parenthood, according to a study published in the New England Journal of Medicine.

News Family

Arizona Drops 1,500 Needy Children With First-in-Nation Cash Assistance Cap

Nicole Knight Shine

Critics have called the cap "an aggressive and intentional effort to undermine support for vulnerable families.”

At the beginning of this month, around 1,500 children and 1,000 adults living in poverty in Arizona lost cash assistance and now are permanently barred from the state’s welfare program.

Arizona is the first state in the country to end welfare benefits after one year, meaning that a family—typically a parent or a relative with at least one dependent child—who has already used 12 months of cash assistance will be cut off permanently.

The approximately 2,500 individuals who lost benefits July 1 represent roughly 10 percent of the children and one-quarter of the adults who receive Arizona’s funds from a federal block-grant program known as Temporary Assistance to Needy Families (TANF). They may, however, still qualify for benefits like Supplemental Nutrition Assistance, Medicaid, and other assistance.

Arizona had previously provided two years of cash assistance, but Arizona lawmakers and the state’s Republican governor recently agreed to cut the time limit in half to help plug a projected $534 million budget hole in 2016 and shift the money to state child welfare programs. The state expects to save $3.9 million annually with the 12-month limit, according to a spokesperson from the Arizona Department of Economic Security, which runs TANF.

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Supporters of Arizona’s new one-year limit, such as former state Sen. Kelli Ward (R-Lake Havasu City), who’s challenging incumbent Sen. John McCain (R) in the August primarysaid the cut will “encourage the able-bodied to treat welfare like a safety net rather than a hammock.”

Critics have called it “an aggressive and intentional effort to undermine support for vulnerable families,” as Cynthia Zwick, executive director for the Arizona Community Action Association, put it for the Arizona Republic.

The average Arizona family in the program received $201 in May 2016, according to a state report, an amount that is less than half of the nationwide average monthly benefit of $429. To qualify in Arizona, a family of four generally cannot earn more than $2,584 a month, although that varies and is based on multiple factors.

In May 2016, before the new time limit kicked in, 15,581 children and 4,139 adults in Arizona received cash assistance, totaling $1,841,672.

A federal block-grant program, TANF was enacted under former President Bill Clinton in 1996 with the aim of “end[ing] welfare as we know it.” TANF allows up to five years of benefits, but gives states wide latitude with those benefits, as long as their TANF spending meets at least one of four official goals: providing cash aid to needy families; promoting job training, work, and marriage; reducing out-of-wedlock pregnancies; and increasing the number of two-parent families.

In the 20 years since the program’s enactment, what’s happened is a marked and ongoing plunge in cash assistance to families in poverty, as states, like Arizona, spent TANF money elsewhere.

Arizona, for example, has shifted TANF money to its underfunded child welfare programs, as the Phoenix-based Morrison Institute for Public Policy noted in its 2015 report. Ohio funds faith-based crisis pregnancy centers with TANF dollars, with the ostensible goal of reducing out-of-wedlock pregnancies. Oklahoma, meanwhile, spends TANF dollars on marriage counseling.

Roughly 55 percent of impoverished Arizona families received TANF benefits in 1994-95, a number that plunged to 9 percent in 2013, as the Morrison Institute noted in its 2015 report. Arizona’s latest reduction is the fourth since 2009, as the report noted.

Anticipating the cuts, representatives from the state DES said recently in a statement that state contractors have found jobs for more than 1,500 individuals who were in danger of losing benefits because of the new one-year cap.

Arizona outsources its job training and placement to two private companies, MAXIMUS and Arbor/ResCare Workforce Services. The DES also reported that an additional 245 individuals have gained work experience, and more than 450 have participated in community service activities with employers.

DES Director Tim Jeffries described gainful employment as “the true American dream.”

The agency, he noted, acting as “good stewards of taxpayer’s money, should work to assist individuals in becoming self-sufficient, with the goal that one day they will no longer need benefits.”