In Missouri, three bills have been introduced that would each increase the required waiting period for a woman seeking to terminate a pregnancy from 24 hours to 72 hours. All are currently moving through committee.
If any of the bills passed, Missouri would join Utah and South Dakota as the only states with 72-hour waiting periods.
HB 1307 and HB 1313, sponsored by Reps. Kevin Elmer (R-Nixa) and Keith Frederick (R-Rolla), were passed along party lines by the House Health Care Policy Committee last week after a public hearing.
The Senate Judiciary and Civil and Criminal Jurisprudence recently held a hearing on SB 519, a similar bill to those in the house. It is sponsored by Sen. David Sater (R-Cassville).
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During the hearing for HB 1313, Rep. Frederick, who is an orthopedic surgeon, compared abortion to knee surgery. “Very seldom do we make the decision to have the surgery right there, that day,” he said, according to the St. Louis Post-Dispatch.
In a piece for the Rolla Daily News, Frederick wrote that a 72-hour waiting period would “give more time for the woman to consider the impact of her decision and to talk with family, friends and just do some soul searching.” He also wrote that such a waiting period would be “appropriate,” even in a case of rape.
During his committee testimony, Sen. Sater made the same argument that knee surgery, as an elective procedure, is no different than an abortion. “It’s the same thing,” he said.
The waiting period legislation is a top priority for Missouri Right to Life, and representatives from the organization gave testimony at bothhearings, claiming that the legislation is needed to “ensure that a woman [comprehends] the full consequences of her decision.”
When the senate bill was first filed, Paula Gianino, president and CEO of Planned Parenthood of the St. Louis Region and Southwest Missouri, told Rewire, “Women already give considerable thought to this most difficult decision.”
Dina van der Zalm, a student at the University of Missouri, testified before the house committee that she views the legislation as an “abuse of legislative power” because there is no medical cause for the extended waiting period and it adds more barriers to abortion access. “[The legislation] makes the assumption that women are not capable of making difficult decisions without the aid of politicians,” said van der Zalm.
In response to the legislation, reproductive rights advocates took to Twitter to use the hashtag #wait72hours to raise awareness and call others to action.
Missouri state Rep. Stacey Newman (D) said the Missouri General Assembly's "witch hunt hearings" were "closely modeled" on those in the U.S. Congress. Specifically, she drew parallels between Republicans' special investigative bodies—the U.S. House of Representatives’ Select Investigative Panel on Infant Lives and the Missouri Senate’s Committee on the Sanctity of Life.
Congressional Republicans are responsible for perpetuating widely discredited and often inflammatory allegations about fetal tissue and abortion care practices for a year and counting. Their actions may have charted the course for at least one Republican-controlled state legislature to advance an anti-choice agenda based on a fabricated market in aborted “baby body parts.”
“They say that a lot in Missouri,” state Rep. Stacey Newman (D) told Rewire in an interview at the Democratic National Convention last month.
Newman is a longtime abortion rights advocate who proposed legislation that would subject firearms purchases to the same types of restrictions, including mandatory waiting periods, as abortion care.
Newman said the Missouri General Assembly’s “witch hunt hearings” were “closely modeled” on those in the U.S. Congress. Specifically, she drew parallels between Republicans’ special investigative bodies—the U.S. House of Representatives’ Select Investigative Panel on Infant Lives and the Missouri Senate’s Committee on the Sanctity of Life. Both formed last year in response to videos from the anti-choice front group the Center for Medical Progress (CMP) accusing Planned Parenthood ofprofiting from fetal tissue donations. Both released reports last month condemning the reproductive health-care provider even though Missouri’s attorney general, among officials in 13 states to date, and three congressional investigations all previously found no evidence of wrongdoing.
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Missouri state Sen. Kurt Schaefer (R), the chair of the committee, and his colleagues alleged that the report potentially contradicted the attorney general’s findings. Schaefer’s district includes the University of Missouri, which ended a 26-year relationship with Planned Parenthood as anti-choice state lawmakers ramped up their inquiries in the legislature. Schaefer’s refusal to confront evidence to the contrary aligned with how Newman described his leadership of the committee.
“It was based on what was going on in Congress, but then Kurt Schaefer took it a step further,” Newman said.
As Schaefer waged an ultimately unsuccessful campaign in the Missouri Republican attorney general primary, the once moderate Republican “felt he needed to jump on the extreme [anti-choice] bandwagon,” she said.
Schaefer in April sought to punish the head of Planned Parenthood’s St. Louis affiliate with fines and jail time for protecting patient documents he had subpoenaed. The state senate suspended contempt proceedings against Mary Kogut, the CEO of Planned Parenthood of St. Louis Region and Southwest Missouri, reaching an agreement before the end of the month, according to news reports.
Newman speculated that Schaefer’s threats thwarted an omnibus abortion bill (HB 1953, SB 644) from proceeding before the end of the 2016 legislative session in May, despite Republican majorities in the Missouri house and senate.
“I think it was part of the compromise that they came up with Planned Parenthood, when they realized their backs [were] against the wall, because she was not, obviously, going to illegally turn over medical records.” Newman said of her Republican colleagues.
Republicans on the select panel in Washington have frequently made similar complaints, and threats, in their pursuit of subpoenas.
Rep. Marsha Blackburn (R-TN), the chair of the select panel, in May pledged “to pursue all means necessary” to obtain documents from the tissue procurement company targeted in the CMP videos. In June, she told a conservative crowd at the faith-based Road to Majority conference that she planned to start contempt of Congress proceedings after little cooperation from “middle men” and their suppliers—“big abortion.” By July, Blackburn seemingly walked back that pledge in front of reporters at a press conference where she unveiled the select panel’s interim report.
The investigations share another common denominator: a lack of transparency about how much money they have cost taxpayers.
“The excuse that’s come back from leadership, both [in the] House and the Senate, is that not everybody has turned in their expense reports,” Newman said. Republicans have used “every stalling tactic” to rebuff inquiries from her and reporters in the state, she said.
Congressional Republicans with varying degrees of oversight over the select panel—Blackburn, House Speaker Paul Ryan (WI), and House Energy and Commerce Committee Chair Fred Upton (MI)—all declined to answer Rewire’s funding questions. Rewire confirmed with a high-ranking GOP aide that Republicans budgeted $1.2 million for the investigation through the end of the year.
Blackburn is expected to resume the panel’s activities after Congress returns from recess in early September. Schaeffer and his fellow Republicans on the committee indicated in their report that an investigation could continue in the 2017 legislative session, which begins in January.
The first nationwide study exploring the average wait time between an abortion care appointment and the procedure found most patients are waiting one week.
Seventy-six percent of patients were able to access abortion care within 7.6 days of making an appointment, with 7 percent of patients reporting delays of more than two weeks between setting an appointment and having the procedure.
In cases where care was delayed more than 14 days, patients cited three main factors: personal challenges, such as losing a job or falling behind on rent; needing a second-trimester procedure, which is less available than earlier abortion services; or living in a state with a mandatory waiting period.
The national findings come amid state-level research in Texas indicating that its abortion restrictions forced patients to drive farther and spend more to end their pregnancies. A recent Rewireanalysis found states bordering Texas had reported a surge in the number of out-of-state patients seeking abortion care.
“What we tend to hear about are the two-week or longer cases, or the women who can’t get in [for an appointment] because the wait is long and they’re beyond the gestational stage,” said Rachel K. Jones, lead author and principal research scientist with the Guttmacher Institute.
“So this is a little bit of a reality check,” she told Rewire in a phone interview. “For the women who do make it to a facility, providers are doing a good job of accommodating these women.”
Jones said the survey was the first asking patients about the time lapse between an appointment and procedure, so it’s impossible to gauge whether wait times have risen or fallen. The findings suggest that eliminating state-mandated waiting periods would permit patients to obtain abortion care sooner, Jones said.
Patients in 87 U.S. abortion facilities took the surveys between April 2014 and June 2015. Patients answered various questions, including how far they had traveled, why they chose the facility, and how long ago they’d called to make their appointment.
The study doesn’t capture those who might want abortion care, but didn’t make it to a clinic.
“If women [weren’t] able to get to a facility because there are too few of them or they’re too far way, then they’re not going to be in our study,” Jones said.
Fifty-four percent of respondents came from states without a forced abortion care waiting period. Twenty-two percent were from states with mandatory waits, and 24 percent lived in states with both a mandatory waiting period and forced counseling—common policies pushed by Republican-held state legislatures.
Most respondents lived at or below the poverty level, had experienced at least one personal challenge, such as a job loss in the past year, and had one or more children. Ninety percent were in the first trimester of pregnancy, and 46 percent paid cash for the procedure.
The findings echo research indicating that three quarters of abortion patients live below or around the poverty line, and 53 percent pay out of pocket for abortion care, likely causing further delays.
Jones noted that delays—such as needing to raise money—can push patients later into pregnancy, which further increases the cost and eliminates medication abortion, an early-stage option.
Recent research on Utah’s 72-hour forced waiting period showed the GOP-backed law didn’t dissuade the vast majority of patients, but made abortion care more costly and difficult to obtain.