Wisconsin Governor Scott Walker was the Tea Party poster boy. He tried to bust the unions. He tried to put through voter ID. He signed bill after bill posing new restrictions to accessing abortion and health care. He even survived an attempt to vote him out of office.
That’s not good enough for the Wisconsin radical right. Now, they’ve declared that they want to arrest anyone who implements Obamacare—and that includes the governor himself.
As Gov. Scott Walker contemplates whether to create a state health care exchange under Obamacare, he will have to contend in the coming legislative session with nine lawmakers who have said they back a bill to arrest any federal officials who try to implement the health care law.
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Rep. Chris Kapenga (R-Delafield) is one of the nine from Wisconsin who told the Campaign for Liberty he would back legislation to declare Obamacare illegal and allow police to arrest federal officials who take steps to implement it in Wisconsin. He said he believes the health care law is unconstitutional, despite the U.S. Supreme Court’s ruling that it passes constitutional muster.
“Just because Obama was re-elected does not mean he’s above the constitution,” Kapenga said.
In addition to Kapenga, those listed as supporting the Campaign for Liberty’s positions are Sen. Mary Lazich of New Berlin; Reps. Don Pridemore of Hartford; Erik Severson of Star Prairie; Tom Larson of Colfax; Scott Krug of Wisconsin Rapids; and three Republicans elected for the first time last week who will be sworn in early next year – Rob Hutton of Brookfield, Mark Born of Beaver Dam and Dave Murphy of Greenville.
One of the backers, Sen. Lazich, was the author of the massive and purposefully legally ambiguous anti-choice bill that made practitioners in the state too uncomfortable to continue providing RU-486, effectively eliminating medication abortions in the state. The lesson here must be that state legislatures making health care decisions to deny health care to residents is good, federal powers making legislation to expand health care to citizens is bad.
Luckily, Walker should be safe from arrest, since he’s just a state lawmaker, not a federal one. But one false step and it looks like they could come for him next.
In its short existence, the House Freedom Caucus (HFC) has made a name for itself through endless efforts to push Congress further to the right, particularly when it comes to reproductive health. Now with the 2016 election cycle underway, the caucus’ political action committee, the House Freedom Fund, seems to be working just as tirelessly to ensure the caucus maintains a radical anti-choice legacy.
Since its founding by Rep. Jim Jordan (R-OH) in January 2015, the group of ultra-conservative lawmakers that make up the caucus has ballooned from just nine members to at least 36 members, as of October 2015, who have confirmed their own inclusion—though the group keeps its official roster secret. These numbers may seem small, but they pack a punch in the House, where they have enough votes to block major legislation pushed by other parts of the Republican party.
And now, the group is seeking to add to its ranks in order to wield even more power in Congress.
“The goal is to grow it by, and I think it’s realistic, to grow it by 20 to 30 members,” Rep. Matt Salmon (R-AZ), one of HFC’s founding members, told Politico in April. “All new members.”
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While the caucus itself reportedly does not endorse candidates, its unofficial PAC has already thrown money behind defending the seats of some of the group’s most notoriously anti-choice members, as well as a few new faces.
According to OpenSecrets.org, the Center for Responsive Politics’ campaign finance database, thus far in 2016, the House Freedom Fund has invested in seven congressional candidates currently vying to keep a seat in the House of Representatives: Rep. Rod Blum (R-IA), Rep. Dave Brat (R-VA), Rep. Tim Huelskamp (R-KS), Rep. Mark Meadows (R-NC), Rep. Scott Desjarlais (R-TN), Rep. Scott Garrett (R-NJ), and Rep. Paul Gosar (R-AZ).The PAC’s website also highlights two candidates hoping to move from their state legislatures to the House: Republican Indiana state senator Jim Banks and Georgia state Senator Mike Crane. The PAC is also backing the Republican candidate for Florida’s 2nd Congressional District, Mary Thomas; and Republican candidate for North Carolina’s 13th Congressional District, Ted Budd.
Rep. Warren Davidson (R-OH), who won a special election in early June to replace former House speaker John Boehner, also received funding from the PAC. He joined the House Freedom Caucus that same week.
The Republican Partyactively works to deny access to virtually all forms of reproductive health care, so it is not surprising that the candidates supported by the House Freedom Fund, whose confirmed members are all members of the GOP, share similarly radical views on reproductive rights and health.
Here are some of the House Freedom Fund’s most alarming candidates:
Rep. Rod Blum
Rep. Blum, a freshman congressman from Iowa, considers his opposition to reproductive choice one of the “cornerstones” of his campaign. “It is unconscionable that government would aid in the taking of innocent life. I strongly oppose any federal funding for abortion and I will vote against any of our tax dollars flowing to groups who perform or advocate abortions on demand,” asserts Blum’s campaign site. The Hyde Amendment already bans most federal funding for abortion care.
Blum spent much of his first year in the House attempting to push through a series of anti-choice bills. The representative co-sponsored the medically unsupported Pain-Capable Unborn Child Protection Act, which would have enacted a federal ban on abortion at or beyond 20 weeks of pregnancy, in January 2015. He signed on as a co-sponsor for the failed Life at Conception Act, a so-called personhood measure that would have granted legal rights to fetuses and zygotes, thus potentially outlawing abortion and many forms of contraception, in March of that year. That July, Blum co-sponsored the Defund Planned Parenthood Act of 2015, which would have stripped the reproductive health organization of all federal funding for one year so that Congress could investigate it in the wake of the Center for Medical Progress’ (CMP) discredited videos smearing the provider.
Blum’s co-sponsorship of anti-choice legislation was accompanied by a long series of like-minded votes throughout 2015, such as a January vote in favor of the No Taxpayer Funding for Abortion Act and Abortion Insurance Full Disclosure Act of 2015, which, among other things, would have made the Hyde Amendment’s annually renewed ban on most federal funding for abortion care permanent. He also voted to block Washington, D.C.’s Reproductive Health non-discrimination law, and in favor of a measure allowing states to exclude from Medicaid funding any health provider that provided abortions, as well as other anti-choice measures.
Blum’s brief time in Congress has been marked by such extremism that Emily’s List, an organization that works to elect pro-choice women, put Blum on their “On Notice” list in July 2015, signaling their intention to prioritize unseating the Iowa Representative. “In less than five months into the 114th Congress, we have seen Representative Blum lead the crusade to restrict women’s access to healthcare, most notably when he cosponsored a national abortion ban,” explained the organization in a press release on its decision to target Blum. “It’s clear that Congressman Blum is more focused on prioritizing an extreme ideological agenda over enacting policies that benefit more women and families in Iowa’s First Congressional District.”
Rep. Dave Brat
Rep. Dave Brat gained notoriety for his win against incumbent representativeand then-House Majority Leader Eric Cantor in 2014, a victory considered one of “the biggest political upset[s] in recent memory.” Like many of his HFC colleagues, Brat has co-sponsored several pieces of anti-choice legislation, including the Pain-Capable Unborn Child Protection Act in 2015 and the Conscience Protection Act of 2016, which claimed to “protect” against “governmental discrimination against providers of health services” who refuse to provide abortion care. Brat’s voting record in Congress earned him a 100 percent rating from the National Right to Life Committee.
In April of this year, the Virginia representative signed on to a letter with Senator Ted Cruz (R-TX) and other anti-choice legislators, such as House Freedom Fund candidate Rep. Meadows expressing “serious concerns” about the Food and Drug Administration’s decision to update the label of abortion drug mifepristone to bring it in line with scientific research and evidence-based medicine. Though medication abortions are safe and result in complications in fewer than 0.4 percent of patients, the lawmakers nonetheless claimed that the regulation change could be dangerous, noting that the drug was originally approved during the Clinton administration and demanding a list of information about it.
In the wake of the deadly shooting at a Colorado Springs Planned Parenthood facility in November, when the alleged shooter parroted the same violent rhetoric about the reproductive health organization popularized by the CMP’s discredited videos, many in Congress called for the panel investigating Planned Parenthood to be disbanded and for lawmakers to distance themselves from the videos. Brat, however, saw no reason the anti-choice violence should affect the conservative crusade to shut down access to reproductive health care. “Principles are principles,” Brat said at the time according to the Huffington Post. “They don’t change on a news cycle.”
Rep. Tim Huelskamp
Kansas Rep. Tim Huelskamp has been an anti-choice advocate since graduate school, when, according to the biography provided on his website, he was “active in assisting women in crisis pregnancies” while working toward a doctoral degree at American University. His advocacy continued as he made his way to Congress, eventually leading him to become the congressional “Pro-Life Caucus” whip.
Though he has cast plenty of anti-choice votes, the congressman’s most notable moment when it comes to reproductive rights may be a 2012 speech on the House floor, in when he compared abortion to slavery and accused Planned Parenthood and the Obama administration of being racist. “Perhaps the biggest war against our liberties is the war that is being waged against those that are not here today, the unborn,” claimed Huelskamp. “Besides slavery, abortion is the other darkest stain on our nation’s character and this president is looking for every way possible to make abortion more available and more frequent. And he wants you to pay for it. Even if you disagree with it.”
Huelskamp went on to falsely accuse Planned Parenthood of targeting people of color. “I am the adoptive father of four children, each of them either Black, Hispanic, Native American, and I am incensed that this president pays money to an entity that was created for the sole purpose of killing children that look like mine; a racist organization and it continues to target minorities for abortion destruction,” said the congressman. “Shame on this president and shame on that party.”
It wouldn’t be the last time Huelskamp exploited race in order to promote his anti-choice agenda. In 2015, the Kansas Representative lashed out at those who accepted awards from Planned Parenthood, tweeting that they were supporting a “racist” agenda.
Rep. Mark Meadows
Rep. Mark Meadows, who has a 100 percent rating from the National Right to Life Committee, co-sponsored anti-choice measures such as the House’s 2015 fetal pain bill, the 2015 Life at Conception Act, and the Prenatal Nondiscrimination Act of 2016 (PRENDA). He also once badgered a pregnant doctor testifying during a House committee hearing about the importance of offering maternity coverage through the Affordable Care Act. However, the congressman’s recent vendetta against Planned Parenthood stands out the most.
In July 2015, in the wake of CMP’s deceptively edited videos, Meadows latched onto the discredited films in order to justify defunding Planned Parenthood. “In addition to cutting funding for abortion providers, I strongly urge Congress to investigate the legality of the practices engaged in by Planned Parenthood,” said Meadows at the time.
In September, as Congress faced the looming threat of a possible government shutdown if they didn’t pass a budget bill, Meadows exploited the opportunity to push for Planned Parenthood to be defunded, no matter the cost. With the South Carolina congressman leading the charge,pressure from conservatives to pull funding for the reproductive health-care provider played a role in prompting then-House Speaker John Boehner to resign his position. Meadows was a co-sponsor of the Defund Planned Parenthood Act of 2015, which passed in the House as part of a compromise to narrowly escape the shutdown.
But Meadows’ quest to attack Planned Parenthood didn’t end there. In September, the congressman also participated in the House Oversight and Government Reform Committee’s hearing to “examine the use of taxpayer funding” by Planned Parenthood and its affiliates, a sham hearing used by the GOP to repeatedly push misinformation about the organization.
Rep. Scott Desjarlais
Rep. Scott Desjarlais, a medical doctor, is perhaps best known for his attempt to pressure his patient, with whom he was having an affair, into having an abortion when she became pregnant. While the congressman has repeatedly run on his anti-abortion credentials, his divorce papers also revealed he had supported his wife in having two abortions. Politico‘s Chas Sisk labeled DeJarlais “the biggest hypocrite in Congress.”
Desjarlais made headlines again in 2015 for voting for a later abortion ban. A spokesperson for the Tennessee Republican told theTimes Free Press that the vote was in accordance with the congressman’s record:
“Congressman DesJarlais was proud to vote in favor of this legislation,” said his spokesman Robert Jameson, who added that DesJarlais has maintained a “100 percent pro-life voting record” during his five years in Congress and “has always advocated for pro-life values.”
Indiana State Sen. Jim Banks
Indiana state Sen. Jim Banks (R-Columbia City) is one of the few candidates backed by the House Freedom Fund that has yetto win federal office,but his time in the state legislature has given him more than ample opportunity to demonstrate his opposition to reproductive health and rights.
Banks’ campaign website highlights the candidate’s “pro-life” position as a key issue for his race for the House, providing an extensive record of his anti-choice credentials and claiming that he is “running for Congress so that northeast Indiana continues to have a strong voice for innocent lives in Washington, D.C.” That page includes a laundry list of campaign promises, including amending the U.S. Constitution to give a fetus legal human rights, which could outlaw abortion and many forms of contraception; banning federal funding for abortion, though such a ban already exists; eliminating federal funding for any organization that performs abortions domestically or abroad; and opposing any change to the Republican platform on abortion.
The state senator’s site goes on to suggest that “it has been far too long since the Supreme Court discovered that women have a ‘right’ to have an abortion,” lamenting that much of the anti-choice movement’s work to shutter access to abortion in state legislatures hasn’t been replicated on a federal level and promising to address the issue if elected.
Included in his anti-choice resumé is a note that both Banks and his wife have been working in the movement to oppose choice since graduating college, when the two joined Focus on the Family, an organization that has spent millions of dollars promoting its extreme agenda, even devoting $2.5 million to run an anti-abortion ad during the 2010 Super Bowl. The two also worked together on the Allen County Right to Life Board of Directors, and Banks’ wife, Amanda, remains the board’s vice president.
But most extreme of all was the legislation Banks spearheaded while in the state legislature, which included several targeted regulation of abortion providers (TRAP) measures. Most recently the state senator sponsored Indiana’s SB 144, a bill that would modify the state’s 20-week abortion ban to outlaw the procedure once a fetal heartbeat could be detected, typically around six weeks’gestation. In a statement on the bill, Banks claimed the law was needed because it “would protect unborn Hoosiers’ right to life and also includes important women’s health protections.”
During a May interview with the Texas Observer‘s Alexa Garcia-Ditta, Planned Parenthood President Cecile Richards didn’t skip a beat when pointing to the likely effect of voting restrictions.
“One of the greatest challenges, absolutely, in the state of Texas is the enormous hurdles that people have to go through to vote, and the fact that in the last election, we were 50th in voter turnout of 50 states,” said Richards. “That’s appalling. When 28 percent of the voters go to the polls, the democratic process isn’t working, it’s completely broken. I believe we have to completely address voting rights in this country, and in Texas.”
Texas is one of 17 states to implement new voting restrictions, such as voter identification laws and reduced early voting, for the first time during the 2016 presidential election, according to the Brennan Center for Justice, a nonpartisan law and policy institute at New York University’s School of Law. Those states include Alabama, Arizona, Georgia, Indiana, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, Tennessee, Virginia, and Wisconsin.
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“This is part of a broader movement to curtail voting rights, which began after the 2010 election, when state lawmakers nationwide started introducing hundreds of harsh measures making it harder to vote,” explains the Brennan Center’s website. “Overall, 22 states have new restrictions in effect since the 2010 midterm election.”
The Republican-led charge to roll back voting rights has been fairly transparent in its goal of suppressing Democratic votes, specifically targeting voters of color and those living in poverty—a goal only made easier after the Supreme Court gutted parts of the Voting Rights Act (VRA) that safeguarded against these strategies in a 2013 decision.
Efforts to enact voting restrictions have begun to gain steam, increasingly in many of the same places where abortion restrictions are also being passed. And reproductive rights and justice advocates are taking notice. NARAL Pro-Choice America in 2012 noted that efforts to chip away at voting rights effectively silence the ability of many to weigh in on decisions regarding their bodies.
“Americans defend the right to choose by lobbying their elected officials, taking action in their communities, and participating in the public debate, but no single deed is as central to the civic process as the simple act of casting a vote,” Nancy Keenan, then president of NARAL, said in a statement announcing the decision. “That is why recent efforts to restrict citizens’ access to the ballot box are so dangerous. These measures threaten to deny millions of Americans the right to vote, silencing their voices as the nation debates our most cherished freedoms, including the right of every woman to make personal decisions regarding the full range of reproductive choices.”
Ilyse Hogue, NARAL’s current president, reaffirmed this commitment after the Supreme Court’s 2013 decision on the VRA, explaining in a statement that year that the organization believes “that participation in the political process is a constitutional right that empowers Americans to elect leaders who represent their interests in important areas such as reproductive rights.”
When thousands joined the Moral March in Raleigh, North Carolina in February 2014 to protest conservative policies such as the state’s restrictive voter suppression laws, Planned Parenthood was among the event’s 150 coalition partners. In a piece for the Huffington Post, Richards explained why it was imperative for her organization to get involved.
“For Planned Parenthood, the ideology behind these measures is all too familiar. They were put in place by politicians who would rather transport us through a time warp where only the privileged few have access to fundamental American rights,” wrote Richards. “Many of those states [passing voting restrictions] are the same ones passing restriction after restriction on women’s access to health care.”
“The history of our country shows that we are better off when everyone has a voice in our political process. We continue to stand with our partners in calling for laws that make it easier—not harder—to vote,” Richards continued.
As the aftermath of the 2010 midterm elections brought a wave of voting restrictions, a crush of anti-choice laws similarly swept the country. Since those elections, an unprecedented 288 state-level abortion restrictions have been enacted.
“To put that number in context, states adopted nearly as many abortion restrictions during the last five years (288 enacted 2011-2015) as during the entire previous 15 years (292 enacted 1995-2010),” Guttmacher researchers explained in a recent report outlining the state of reproductive rights in the country.
The pushes for voting and abortion restrictions use similar tactics, slowly eroding the rights of women, people of color, and those with low incomes. “It’s a ‘death by 1000 cuts’ strategy,” Heather Gerken, a professor at Yale Law School, told MSNBC of the two issues in 2014. “For both of these rights, you’re not allowed to ban it. So in each instance you’re just making it harder than it would be otherwise.”
Conservatives have been able to do this by leveraging misinformation about the two issues. Abortion and voting restrictions “both address manufactured problems,” Sondra Goldschein, director of advocacy and policy at the American Civil Liberties Union (ACLU), told Rewire. “They have thinly veiled excuses for introducing them. Whether it’s unproven voter fraud or concerns about women, the legislation is clearly about taking away rights, particularly in marginalized communities.”
For example, many voting restrictions are implemented based on false claims about the prevalence of voting fraud. In Wisconsin, where as many as 300,000 registered votersstand to be disenfranchised by the state’s restrictive voter ID law, Republican Gov. Scott Walker justified suppressing the vote by citing instances of fraudulent voting. When challenged in court, the state was unable to come up with a single case of voter impersonation.
That is likely because in Wisconsin, like in the rest of the country, voter fraud is virtually nonexistent. Study after study has found little to no evidence to support the claim. An analysis conducted by the Washington Post‘s Justin Levitt in 2014 found just 31 instances of voter fraud in the more than one billion ballots cast between the years 2000 and 2014.
Many abortion restrictions are similarly based on the perpetuation of misinformation, which are often based on conservatives feigning concern for women’s health. Wisconsin provides yet another prime example of this with its 2013 targeted regulation of abortion providers (TRAP) law, which required all doctors performing abortions in the state to obtain admitting privileges to hospitals within a 30-mile range, justified by claims of safeguarding women’s health. But when the Seventh U.S. Circuit Court of Appeals ruled the law unconstitutional in 2015, Judge Richard Posner, writing for the majority, noted that the medical necessity for such laws is “nonexistent” and the regulations were instead meant to impede abortion access.
“They may do this in the name of protecting the health of women who have abortions, yet as in this case the specific measures they support may do little or nothing for health, but rather strew impediments to abortion,” wrote Posner.
Though it’s often clear that legislation to restrict access to the polls and abortion share similar goals and tactics—employing misinformation, attempting to dissuade people from access by making doing so too expensive or burdensome, and so on—in some cases, states are borrowing from the exact same playbooks to make laws to get their way. In Texas, where there is already a strict voter ID law, the state passed another law in 2015 requiring abortion providers to ask for “valid government record of identification” from patients to prove they are 18 before providing care. The process of obtaining a valid form of ID is often difficult, time-consuming, and expensive, especially for those in marginalized communities.
Much like the case for voting restrictions, abortion restrictions help white men maintain the status quo of power across the country. Drawing connections between between voting restrictions and TRAP laws in Texas, then-Rewire reporter Andrea Grimes, who now works for the Texas Observer, noted on the RJ Court Watch podcast that both conservative restrictions help ensure those in power maintain their positions.
“We [in Texas] have some of the strictest TRAP (targeted restrictions on abortion providers) legislation in the country. At the same time we have what one federal judge straight up called racist and unconstitutional voter ID requirements that prevent people from being able to get out to the polls and cast their votes,” said Grimes. “And these two things together kind of ensure that power stays with the powerful. That’s what we’re seeing right now here.”
“[B]oth voting rights and abortion access involve fundamental rights,” added Jessica Mason Pieklo, Rewire‘s vice president of law and the courts. “In theory, fundamental rights are fundamental. They are things that we all hold but really what we’re talking about is access to power. So when we place restrictions on those rights, we make it harder to exercise them—which makes it harder to effectively engage our civic power.”
When framed as a desperate attempt by the GOP to maintain a hold on their power dynamics, it comes as no surprise that many of the very same states pushing through voting restrictions are also moving to restrict abortion access. During 2015 alone, 57 abortion restrictions were enacted across the country. Of the massive push to restrict abortion since 2010, ten states enacted more than ten restrictions: Arizona, North Dakota, South Dakota, Kansas, Oklahoma, Texas, Arkansas, Indiana, Alabama, and North Carolina.
These lists have remarkable crossover with the states that have enacted new voting restrictions in that same period of time: Alabama, Arizona, Florida, Georgia, Illinois, Indiana, Iowa, Kansas, Mississippi, Nebraska, New Hampshire, North Carolina, North Dakota, Ohio, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Virginia, West Virginia, and Wisconsin.
The end result for both kinds of restrictions is the same: a massive sweep of nationwide changes chipping away at the fundamental rights of Americans and disproportionately affecting women, communities of color, and those living in poverty.
Those pushing through these laws “are not just focusing on one state, but they are looking at creating change across the whole country, through each individual state-by-state attack on these fundamental freedoms,” explained Goldschein.
Goldschein went on to note that conservatives’ success in pushing these restrictions demonstrates the importance of voting, especially for down-ballot seats in the state legislature where many of these decisions are made. “State legislatures are ground zero in the fight for civil liberties, and they do not always attract as much attention as the debates in Congress or arguments in the Supreme Court, but in fact they are really the source of unprecedented assaults on our most fundamental rights,” she explained.
“This year … 80 percent of our state legislature seats are up for re-election, and we need voters to be paying attention to what is happening in those state legislatures and then to hold politicians accountable and vote as if their liberties depend on it—because they do—because this is where these fights are taking place.”