News Politics

‘Personhood’ Becomes an Issue in Iowa U.S. Senate Campaign

Teddy Wilson

In the campaign for the state's U.S. Senate seat, Rep. Bruce Braley released an ad last week criticizing his opponent, state Sen. Joni Ernst, for her position on so-called fetal personhood and her belief that abortion providers should be treated as criminals.

In the campaign for Iowa’s U.S. Senate seat, Rep. Bruce Braley (D-Waterloo) released an ad last week criticizing his opponent, state Sen. Joni Ernst (R-Red Oak), for her position on so-called fetal personhood and her belief that abortion providers should be treated as criminals.

The ad cites Ernst’s support for Senate Joint Resolution 10, which proposed an amendment to the Iowa constitution that would have given the “inalienable right to life of every person at any stage of development.” This would grant full legal protections to an embryo from the moment of conception.

The ad claims that the amendment would “outlaw abortion even in cases of rape or incest.” There is no provision in the amendment that would allow for those exceptions. Ernst was one of 21 lawmakers who sponsored the resolution, which was never brought to the floor for a vote.

The ad claims that the amendment “would have banned many common forms of birth control.” The amendment would indeed effectively ban any hormonal forms of birth control.

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The American Congress of Obstetricians and Gynecologists (ACOG) opposes personhood measures. In a statement, the organization said that such measures “erode women’s basic rights to privacy and bodily integrity; deny women access to the full spectrum of preventive health care including contraception; and undermine the doctor-patient relationship.”

The ad also claims that Ernst wants criminal punishment for doctors who perform an abortion. Ernst is shown during a May debate saying that “the [abortion] provider should be punished, if there were a personhood amendment.”

Ernst criticized Bradley for the ad and defended her views on personhood in a statement to the Des Moines Register. “As a woman and a mother, I don’t need a lecture from Bruce Braley about women’s issues. I will always protect women’s access to birth control. I always have and always will,” she said in the statement.

Ernst has been a leading anti-choice voice in the state senate since she was elected in a 2011 special election. She was one of nine Republican senators who called for banning telemedicine abortions care in the state. Ernst has also been endorsed by the Iowa Right to Life.

The polls have shown that the two campaigns has been deadlocked since June, and the latest USA Today/Suffolk poll shows the two candidates tied with support from 40 percent likely voters.

News Abortion

Iowa GOP Legislator: Ending Legal Abortion ‘Impossible’ Without ‘Personhood’ Laws

Teddy Wilson

GOP-backed "personhood" laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.

An Iowa Republican plans to introduce a measure defining life as beginning at conception in response to the U.S. Supreme Court’s ruling striking down an anti-choice Texas law, which has limited states’ ability to restrict abortion care access.

State Sen. Jason Schultz (R-Schleswig) told IowaWatch that the U.S. Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt proves that the anti-choice movement’s attack on abortion rights is not working.

“The Supreme Court decision reinforced that incrementally ending abortion is impossible,” Schultz said. “You either have it or you don’t.”

So-called personhood laws seek to classify fertilized eggs, zygotes, embryos, and fetuses as people, and to grant them full legal protection under the U.S. Constitution.

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GOP-backed “personhood” laws have been an unmitigated failure. Voters in state after state have rejected by wide margins personhood ballot initiatives, and personhood bills have failed to gain traction in many legislatures.

Personhood bills were introduced this year by Republican lawmakers in Alabama, Colorado, Maryland, Mississippi, Missouri, and Rhode Island.

Rachel Lopez, a spokeswoman for Planned Parenthood of the Heartland, told IowaWatch that personhood measures are routinely introduced in Iowa but have failed to gain traction in the GOP-dominated legislature.

“Although we have not yet seen the details of this impending effort, we are confident that it also will fail to advance,” Lopez said. “Personhood bills are a waste of both time and taxpayer dollars, as they have failed time and again in Iowa and other states.”

Iowa lawmakers this year introduced SJR 2001, a joint resolution proposing an amendment to the state constitution specifying that the document does not secure or protect a fundamental right to abortion care.

SJR 2001 was referred to the senate rules and administration committee, but never received a hearing or a vote.

Schultz, who was elected to the state senate in 2014 after serving in the house, has sponsored or co-sponsored several anti-choice bills while in the state legislature, including personhood measures.

SF 478, sponsored by Schultz during the 2015 legislative session, would have defined “person” when referring to the victim of a murder, to mean “an individual human being, without regard to age of development, from the moment of conception, when a zygote is formed, until natural death.”

Mark Kende, director of Drake University’s Constitutional Law Center, told IowaWatch that Schultz’s proposal would not survive in the courts.

“He can try to pass that legislation but it certainly wouldn’t trump the federal Constitution,” Kende said. “Even if that language got into the state constitution it can’t defy three Supreme Court decisions in the last 40 years.”

Gov. Terry Branstad (R) told IowaWatch that he could not support Schultz’s proposal.

“I’m pro-life and I want to do what I can to encourage things that can protect the lives of unborn children,” Branstad said. “Yet I also recognize that we have to live with the restrictions that have been placed on the states by the courts.”

Branstad signed many of the state’s laws restricting abortion access that came up during the latter part of his first term as governor.

Roundups Politics

Campaign Week in Review: Trump Weighs in on Supreme Court Decision, After Pressure From Anti-Choice Leaders

Ally Boguhn

The presumptive Republican nominee’s confirmation that he opposed the decision in Whole Woman’s Health v. Hellerstedt came after several days of silence from Trump on the matter—much to the lamentation of anti-choice advocates.

Donald Trump commented on the U.S. Supreme Court’s abortion decision this week—but only after days of pressure from anti-choice advocates—and Hillary Clinton wrote an op-ed explaining how one state’s then-pending decision on whether to fund Planned Parenthood illustrates the high stakes of the election for reproductive rights and health.

Following Anti-Choice Pressure, Trump Weighs in on Supreme Court’s Abortion Decision

Trump finally broke his silence Thursday about the Supreme Court’s decision earlier this week, which struck down two provisions of Texas’ HB 2 in Whole Woman’s Health v. Hellerstedt.

“Now if we had Scalia was living, or if Scalia was replaced by me, you wouldn’t have had that,” Trump claimed of the Court’s decision, evidently not realizing that the Monday ruling was 5 to 3 and one vote would not have made a numerical difference, during an appearance on conservative radio program The Mike Gallagher Show. “It would have been the opposite.” 

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“So just to confirm, under a President Donald Trump-appointed Supreme Court, you wouldn’t see a majority ruling like the one we had with the Texas abortion law this week?” asked host Mike Gallagher.

“No…you wouldn’t see that,” replied Trump, who also noted that the case demonstrated the important role the next president will play in steering the direction of the Court through judicial nominations.

The presumptive Republican nominee’s confirmation that he opposed the decision in Whole Woman’s Health came after several days of silence from Trump on the matter—prompting much lamentation from anti-choice advocates. Despite having promised to nominate anti-choice Supreme Court justices and pass anti-abortion restrictions if elected during a meeting with more than 1,000 faith and anti-choice leaders in New York City last week, Trump made waves among those who oppose abortion when he did not immediately comment on the Court’s Monday decision.

“I think [Trump’s silence] gives all pro-life leaders pause,” said the president of the anti-choice conservative organization The Family Leader, Bob Vander Plaats, prior to Trump’s comments Thursday, according to the Daily Beast. Vander Plaats, who attended last week’s meeting with Trump, went on suggest that Trump’s hesitation to weigh in on the matter “gives all people that are looking for life as their issue, who are looking to support a presidential candidate—it gives them an unnecessary pause. There shouldn’t have to be a pause here.”

“This is the biggest abortion decision that has come down in years and Hillary Clinton was quick to comment—was all over Twitter—and yet we heard crickets from Donald Trump,” Penny Young Nance, president of Concerned Women for America, said in a Tuesday statement to the Daily Beast.

Kristan Hawkins, president of Students for Life of America, expressed similar dismay on Wednesday that Trump hadn’t addressed the Court’s ruling. “So where was Mr. Trump, the candidate the pro-life movement is depending upon, when this blow hit?” wrote Hawkins, in an opinion piece for the Washington Post. “He was on Twitter, making fun of Elizabeth Warren and lamenting how CNN has gone negative on him. That’s it. Nothing else.”

“Right now in the pro-life movement people are wondering if Mr. Trump’s staff is uninformed or frankly, if he just doesn’t care about the topic of life,” added Hawkins. “Was that meeting last week just a farce, just another one of his shows?”

Anti-choice leaders, however, were not the only ones to criticize Trump’s response to the ruling. After Trump broke his silence, reproductive rights leaders were quick to condemn the Republican’s comments.

“Donald Trump has been clear from the beginning—he wants to overturn Roe v. Wade, and said he believes a woman should be ‘punished’ if she has an abortion,” said Dawn Laguens, executive vice president of Planned Parenthood Action Fund, which has already endorsed Clinton for the presidency, in a statement on Trump’s comments. 

“Trump’s remarks today should send a shiver down the spine of anyone who believes women should have access to safe, legal abortion. Electing Trump means he will fight to take away the very rights the Supreme Court just ruled this week are constitutional and necessary health care,” continued Laguens.

In contrast to Trump’s delayed reaction, presumptive Democratic nominee Clinton tweeted within minutes of the landmark abortion rights decision, “This fight isn’t over: The next president has to protect women’s health. Women won’t be ‘punished’ for exercising their basic rights.”

Clinton Pens Op-Ed Defending Planned Parenthood in New Hampshire

Clinton penned an op-ed for the Concord Monitor Wednesday explaining that New Hampshire’s pending vote on Planned Parenthood funding highlighted “what’s at stake this election.”

“For half a century, Planned Parenthood has been there for people in New Hampshire, no matter what. Every year, it provides care to almost 13,000 people who need access to services like counseling, contraception, and family planning,” wrote Clinton. “Many of these patients cannot afford to go anywhere else. Others choose the organization because it’s the provider they know and trust.”

The former secretary of state went on to contend that New Hampshire’s Executive Council’s discussion of denying funds to the organization was more than “just playing politics—they’re playing with their constituents’ health and well-being.” The council voted later that day to restore Planned Parenthood’s contract.

Praising the Supreme Court’s Monday decision in Whole Woman’s Health, Clinton cautioned in the piece that although it was a “critical victory,” there is still “work to do as long as obstacles” remained to reproductive health-care access.

Vowing to “make sure that a woman’s right to make her own health decisions remains as permanent as all of the other values we hold dear” if elected, Clinton promised to work to protect Planned Parenthood, safeguard legal abortion, and support comprehensive and inclusive sexual education programs.

Reiterating her opposition to the Hyde Amendment, which bans most federal funding for abortion care, Clinton wrote that she would “fight laws on the books” like it that “make it harder for low-income women to get the care they deserve.”

Clinton’s campaign noted the candidate’s support for repealing Hyde while answering a 2008 questionnaire provided by Rewire. During the 2016 election season, the federal ban on abortion funding became a more visible issue, and Clinton noted in a January forum that the ban “is just hard to justify” given that restrictions such as Hyde inhibit many low-income and rural women from accessing care.

What Else We’re Reading

Politico Magazine’s Bill Scher highlighted some of the potential problems Clinton could face should she choose former Virginia governor Tim Kaine as her vice presidential pickincluding his beliefs about abortion.

Foster Friess, a GOP mega-donor who once notoriously said that contraception is “inexpensive … you know, back in my days, they used Bayer aspirin for contraception. The gals put it between their knees, and it wasn’t that costly,” is throwing his support behind Trump, comparing the presumptive Republican nominee to biblical figures.

Clinton dropped by the Toast on the publication’s last day, urging readers to follow the site’s example and “look forward and consider how you might make your voice heard in whatever arenas matter most to you.”

Irin Carmon joined the New Republic’s “Primary Concerns” podcast this week to discuss the implications of the Supreme Court’s decision in Whole Woman’s Health v. Hellerstedt on the election.

According to analysis from the Wall Street Journal, the popularity of the Libertarian Party in this year’s election could affect the presidential race, and the most likely outcome is “upsetting a close race—most likely Florida, where the margin of victory is traditionally narrow.”

The Center for Responsive Politics’ Alec Goodwin gave an autopsy of Jeb Bush’s massive Right to Rise super PAC.

Katie McGinty (D), who is running against incumbent Sen. Pat Toomey (R) in Pennsylvania, wrote an op-ed this week for the Philly Voice calling to “fight efforts in Pa. to restrict women’s access to health care.”

The Iowa Supreme Court ruled against an attempt to restore voting rights to more than 20,000 residents affected by the state’s law disenfranchising those who previously served time for felonies, ThinkProgress reports.

An organization in Louisiana filed a lawsuit against the state on behalf of the almost 70,000 people there who have previously served time for felonies and are now on probation or parole, alleging that they are being “wrongfully excluded from registering to vote and voting.”