Commentary Politics

Rick Perry: Legislature Will Work Out Punishment for Women Seeking Later Abortions Under Proposed Ban

Andrea Grimes

Texas Governor Rick Perry's office says it will rely on lawmakers to determine the appropriate punishment for women who seek abortions after 20 weeks if the state succeeds in banning such procedures. Who might these criminals be? Mothers. College students. High schoolers. Domestic violence victims.

Texas’ Gov. Rick Perry has thrown his support behind a potential 20-week abortion ban in the state, but his office told Rewire that he’ll leave it up to legislators to determine the appropriate punishment for women who get later-term abortions.

After Perry’s appearance at a Houston crisis pregnancy center last week, Rewire asked his office whether he supported any exceptions to the yet-to-be-proposed law, such as for cases of rape, incest, or the life of the pregnant person. His office’s answer: “those details will be worked out by the Legislature.”

We also wondered: what does Gov. Perry imagine the punishment should be for women who seek abortions after 20 weeks, were Texas to ban such procedures?

His office responded not with the usual anti-choice dithering about punishing doctors instead of abortion-seekers, but with a clear admission that punishment for these women is in order: “That will also be decided by the Legislature.”

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What, indeed, might be the appropriate punishment for the southeast Texas single mother of seven children who sought an abortion at 21 weeks? Or the San Antonio woman, 20 weeks pregnant, who’s trying to leave an abusive relationship? Or the college junior from Oklahoma who is picking up extra shifts in hopes of paying for her abortion at 21 weeks?

These are the stories from real people who have contacted the Lilith Fund, a Texas-based non-profit that helps women find funding for safe, legal abortion care. If Texas passes a 20-week abortion ban, Texans like these women—women who are likely to have experienced “multiple disruptive events” in the past year, and who are likely to be victims of domestic violence, according to research conducted by the Guttmacher Institute—would be criminals in the eyes of the state.

Lilith Fund president Amelia Long told Rewire that a 20-week abortion ban “unfairly burdens people that are already experiencing some of the worst problems in their lives.”

Long says it’s not the case that women know they want or need an abortion and are “just putting it off and just being lazy about it,” as Perry and his anti-choice supporters seem to believe. “That is never the case with anyone we talk to.”

Instead, says Long, the Lilith Fund hears from women who are in abusive relationships, or from women who initially had a wanted pregnancy but “then something happens that’s a disaster for them,” making the prospect of pregnancy and parenthood untenable. Long characterized Perry’s position as “not acting with compassion.”

Indeed, how compassionate is it to suggest that an unemployed mother of two, a student looking for waitressing jobs who found herself pregnant at 20 weeks after an unsuccessful medical abortion, should pay a fine or serve jail time?

But that’s Rick Perry’s perspective: women who seek abortions after 20 weeks owe a debt to society that must be paid, somehow. It’ll be up to the Texas legislature to decide just how much these mothers, college students, high schoolers and victims of domestic violence owe.

News Politics

Clinton Campaign Announces Tim Kaine as Pick for Vice President

Ally Boguhn

The prospect of Kaine’s selection has been criticized by some progressives due to his stances on issues including abortion as well as bank and trade regulation.

The Clinton campaign announced Friday that Sen. Tim Kaine (R-VA) has been selected to join Hillary Clinton’s ticket as her vice presidential candidate.

“I’m thrilled to announce my running mate, @TimKaine, a man who’s devoted his life to fighting for others,” said Clinton in a tweet.

“.@TimKaine is a relentless optimist who believes no problem is unsolvable if you put in the work to solve it,” she added.

The prospect of Kaine’s selection has been criticized by some progressives due to his stances on issues including abortion as well as bank and trade regulation.

Kaine signed two letters this week calling for the regulations on banks to be eased, according to a Wednesday report published by the Huffington Post, thereby ”setting himself up as a figure willing to do battle with the progressive wing of the party.”

Charles Chamberlain, executive director of the progressive political action committee Democracy for America, told the New York Times that Kaine’s selection “could be disastrous for our efforts to defeat Donald Trump in the fall” given the senator’s apparent support of the Trans-Pacific Partnership (TPP). Just before Clinton’s campaign made the official announcement that Kaine had been selected, the senator praised the TPP during an interview with the Intercept, though he signaled he had ultimately not decided how he would vote on the matter.

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Kaine’s record on reproductive rights has also generated controversy as news began to circulate that he was being considered to join Clinton’s ticket. Though Kaine recently argued in favor of providing Planned Parenthood with access to funding to fight the Zika virus and signed on as a co-sponsor of the Women’s Health Protection Act—which would prohibit states and the federal government from enacting restrictions on abortion that aren’t applied to comparable medical services—he has also been vocal about his personal opposition to abortion.

In a June interview on NBC’s Meet the Press, Kaine told host Chuck Todd he was “personally” opposed to abortion. He went on, however, to affirm that he still believed “not just as a matter of politics, but even as a matter of morality, that matters about reproduction and intimacy and relationships and contraception are in the personal realm. They’re moral decisions for individuals to make for themselves. And the last thing we need is government intruding into those personal decisions.”

As Rewire has previously reported, though Kaine may have a 100 percent rating for his time in the Senate from Planned Parenthood Action Fund, the campaign website for his 2005 run for governor of Virginia promised he would “work in good faith to reduce abortions” by enforcing Virginia’s “restrictions on abortion and passing an enforceable ban on partial birth abortion that protects the life and health of the mother.”

As governor, Kaine did support some existing restrictions on abortion, including Virginia’s parental consent law and a so-called informed consent law. He also signed a 2009 measure that created “Choose Life” license plates in the state, and gave a percentage of the proceeds to a crisis pregnancy network.

Regardless of Clinton’s vice president pick, the “center of gravity in the Democratic Party has shifted in a bold, populist, progressive direction,” said Stephanie Taylor, co-founder of the Progressive Change Campaign Committee, in an emailed statement. “It’s now more important than ever that Hillary Clinton run an aggressive campaign on core economic ideas like expanding Social Security, debt-free college, Wall Street reform, and yes, stopping the TPP. It’s the best way to unite the Democratic Party, and stop Republicans from winning over swing voters on bread-and-butter issues.”

News Abortion

Parental Notification Law Struck Down in Alaska

Michelle D. Anderson

"The reality is that some young women face desperate circumstances and potentially violent consequences if they are forced to bring their parents into their reproductive health decisions," said Janet Crepps, senior counsel at the Center for Reproductive Rights. "This law would have deprived these vulnerable women of their constitutional rights and put them at risk of serious harm."

The Alaska Supreme Court has struck down a state law requiring physicians to give the parents, guardians, or custodians of teenage minors a two-day notice before performing an abortion.

The court ruled that the parental notification law, which applies to teenagers younger than 18, violated the Alaska Constitution’s equal protection guarantee and could not be enforced.

The ruling stems from an Anchorage Superior Court decision that involved the case of Planned Parenthood of the Great Northwest and the Hawaiian Islands and physicians Dr. Jan Whitefield and Dr. Susan Lemagie against the State of Alaska and the notification law’s sponsors.

In the lower court ruling, a judge denied Planned Parenthood’s requested preliminary injunction against the law as a whole and went on to uphold the majority of the notification law.

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Planned Parenthood and the physicians had appealed that superior court ruling and asked for a reversal on both equal protection and privacy grounds.

Meanwhile, the State of Alaska and the notification law’s sponsors appealed the court’s decision to strike some of its provisions and the court’s ruling.

The notification law came about after an initiative approved by voters in August 2010. The law applied to “unemancipated, unmarried minors” younger than 18 seeking to terminate a pregnancy and only makes exceptions in documented cases of abuse and medical emergencies, such as one in which the pregnant person’s life is in danger.

Justice Daniel E. Winfree wrote in the majority opinion that the anti-choice law created “considerable tension between a minor’s fundamental privacy right to reproductive choice and how the State may advance its compelling interests.”

He said the law was discriminatory and that it could unjustifiably burden “the fundamental privacy rights only of minors seeking pregnancy termination, rather than [equally] to all pregnant minors.”

Chief Justice Craig Stowers dissented, arguing that the majority’s opinion “unjustifiably” departed from the Alaska Supreme Court’s prior approval of parental notification.

Stowers said the opinion “misapplies our equal protection case law by comparing two groups that are not similarly situated, and fails to consider how other states have handled similar questions related to parental notification laws.”

Center for Reproductive Rights (CRR) officials praised the court’s ruling, saying that Alaska’s vulnerable teenagers will now be relieved of additional burdensome hurdles in accessing abortion care. Attorneys from the American Civil Liberties Union, CRR, and Planned Parenthood represented plaintiffs in the case.

Janet Crepps, senior counsel at CRR, said in a statement that the “decision provides important protection to the safety and well-being of young women who need to end a pregnancy.”

“The reality is that some young women face desperate circumstances and potentially violent consequences if they are forced to bring their parents into their reproductive health decisions. This law would have deprived these vulnerable women of their constitutional rights and put them at risk of serious harm,” Crepps said.

CRR officials also noted that most young women seeking abortion care involve a parent, but some do not because they live an abusive or unsafe home.

The American Medical Association, the American College of Obstetricians and Gynecologists, and the Society for Adolescent Medicine have said minors’ access to confidential reproductive health services should be protected, according to CRR.