Tag: women's rights
Women Share Abortion Stories With Supreme Court Justices

Women Share Abortion Stories With Supreme Court Justices

By Michael Doyle, McClatchy Washington Bureau (TNS)

WASHINGTON — Claudia Polsky, a Harvard graduate who directs an environmental clinic at the University of California Berkeley School of Law, had an abortion.

So did Amy Oppenheimer, a former California administrative law judge. Decades ago, while studying at Stanford, Dr. Carol McCleary, too, had an abortion.

And now, in an unusually personal move, th

“Carol has no regrets about her decision to have an abortion,” attorney Michael Dell wrote in a new brief, referring to McCleary. “She cannot imagine having her current career in neuropsychology, or marrying her husband and having their children together, had she been forced to have a child as an undergraduate.”

McCleary, now director of neuropsychology at the University of Southern California’s Keck School of Medicine, joined actress Amy Brenneman and eight other women in revealing their abortions as part of the brief prepared by Dell and the firm Kramer Levin Naftalis & Frankel.

Polsky and Oppenheimer were among 113 women who put their names on a like-minded brief prepared by attorney Allan J. Arffa and the firm Paul, Weiss, Rifkind, Wharton & Garrison.

“I joined the brief, and recruited a number of other women lawyers to join, because reproductive rights are at a crisis point in the United States,” Polsky explained in an email.

Both amicus briefs seek, among other goals, to put sympathetic human faces on the abortion access question now looming before the high court in the case called Whole Woman’s Health v. Cole.

In particular, the latest briefs may be tuned to the frequency of Justice Anthony Kennedy, a swing vote on the nine-member court populated by five Republican appointees and four Democratic appointees.

“It seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained,” Kennedy wrote in a 2007 decision.

The case, to be heard March 2, tests a 2013 Texas law that requires abortion clinics to meet the same standards as surgical centers, and requires doctors performing abortions to have admitting privileges at a hospital within 30 miles.

Underscoring the stakes, 45 amicus briefs were filed this week with the Supreme Court opposing the state law. That’s a significantly higher-than-average number, and they include filings from the states of California and Washington as well as cities such as San Francisco and 163 members of Congress.

“I would love it if all women in elected office who have had abortions would so state during relevant debates, because I think this would substantially change the legislative conversation,” Polsky said.

Some already have.

During House debate in 2011 over Planned Parenthood funding, Rep. Jackie Speier, D-Calif., cited her own health-related abortion. Former Texas state Sen. Wendy Davis joined former Seattle City Councilwoman Judy Nicastro in a brief this week recounting their abortions.

Others are newer to the spotlight.

Oppenheimer, now working as an attorney in Berkeley, said Wednesday that she had not been public about her abortion before joining the amicus brief, nor had she discussed it with her two adopted children.

“I am amazed that as a society we have come to a place where people feel a need to be more secretive about having had an abortion than about sexual orientation,” Oppenheimer said in an email. “I don’t think it benefits our society for people to feel a need to be secretive about either.”

Supporters of the Texas law will get their turn, as well, when their amicus briefs are due in several weeks. These will include personal accounts from women who have come to regret their past abortion decisions.

“Our goal is to now collect a hail storm of declarations (to) show the court the size of the problem caused by abortion and how it hurts women,” the conservative Justice Foundation says on its Operation Outcry website.

Any of the personal stories, whatever their intended moral, are probably unlikely to change the minds of the four justices most fervently opposed to abortion or the four considered most sympathetic to a woman’s right to choose.

The 79-year-old Kennedy, though, has had a foot in both camps, and many advocates are courting him in a case that revolves, personal experiences aside, around whether Texas has imposed an “undue burden” on women’s access to abortion.

More than 40 Texas clinics were providing abortions in 2012, prior to the law. The number of clinics subsequently dropped by nearly half and, according to Whole Woman’s Health, the law if given full effect “would eliminate more than three-quarters of Texas’s abortion facilities and limit the capacity of the remaining few.”

(c)2016 McClatchy Washington Bureau. Distributed by Tribune Content Agency, LLC.

Photo: Alisa Ryan via Flickr

Cecile Richards Defends Planned Parenthood To House Oversight Committee

Cecile Richards Defends Planned Parenthood To House Oversight Committee

During a grueling five-hour hearing Tuesday in front of the House Oversight Committee, Planned Parenthood president Cecile Richards took hostile questions from congressional Republicans angling to strip federal funding from the women’s health organization.

The hearing was the result of a months-long investigation into Planned Parenthood, kicked off by the release of a series of duplicitously edited (and possibly illegally produced) videos that claim to expose the group’s practice of harvesting fetal tissue and selling it at a profit. In fact, 1 percent of the organization’s health centers participate in fetal tissue donation, and receive remuneration to cover the costs of doing so; it is not the mercenary enterprise conservative politicians have described.

Although the subject of the hearing was nominally the allocation of federal funds, the ethics and legality of abortion itself were very much on the line. Planned Parenthood, which sees 2.7 million patients a year, receives roughly 500 million federal tax dollars annually in reimbursements for services it provides; by law, none of those funds can go to abortion services except in rare cases, such as incest or rape.

Rep. Jason Chaffetz (R-UT) and his GOP colleagues often invoked their own personal beliefs as they pertain to abortion — even though abortion, as Richards and some supportive Democrats in the room had to repeatedly remind the committee, is a legal right.

“Does this organization, Planned Parenthood, really need federal subsidies?” he asked in his opening remarks. He charged that the organization misallocated funds toward political lobbying, “blowout” and “lavish” parties, and high-class real estate and travel expenses.

Richards was asked to justify her salary, account for individual line items on the tax returns of disparate affiliate clinics, explain Planned Parenthood’s lack of onsite radiological services at its facilities (their clinics provide primary care and make referrals for mammograms), and engage in protracted sparring sessions on the semantics of “revenue,” “profit,” and “reimbursement.”

Chaffetz also questioned Richards’ claim that defunding the organization would negatively impact its ability to provide primary health care services for its patients, particularly lower-income women. He asked that Richards explain a graph that he displayed, furnished by the anti-abortion group Americans United for Life, which purported to illustrate how abortion services had overtaken preventive health services like cancer screenings, although the graph grossly misrepresented the data.

Stacey Plaskett, delegate from the U.S. Virgin Islands, reminded the committee that while Planned Parenthood operated within the law, the Center for Medical Progress (CMP) — the anti-abortion outfit responsible for the videos — had illegally filed paperwork in California to obtain tax-exempt status for a sham biomedical organization. Furthermore, Planned Parenthood had furnished the committee with over 20,000 pages of documents, while the investigation had not reviewed anything from the CMP.

Noting that CMP and its founder David Daleidian were not present to be questioned, Plaskett called the hearing “unfair.” Chaffetz said that Daleidian had been subpoenaed, and the documents he produced were lying in a safe, unreviewed, because he had been “unable to provide all of the documents” thanks to a “temporary restraining order.”

The hearing, Chaffetz insisted, was about the ongoing funding of Planned Parenthood — not the videos — which was why Daleidian was not invited to the hearing.

The “funding question is related to those videos, which are the genesis of the question of whether to defund,” Plaskett said. “I think its a little naive of us to think that that discussion can be done in a vacuum without the videos and the other documents from the other side.”

Rep. Mick Mulvaney (R-SC) said he would ask “funding questions that have nothing to do with the videos.” A poker-faced Richards repeatedly had to explain to Mulvaney that Planned Parenthood reinvests its revenues in health care services and education — and does not, strictly speaking, make a profit — since it is, after all, a non-profit organization.

And yet committee Republicans repeatedly invoked the imagery and claims of the video in their attacks on Richards. Rep. Jimmy Duncan (R-TN) asked Richards if she defended “the sale of baby body parts,” and said that Richards’ response to the videos was like that of a criminal getting caught.

In her questioning, Diane Black, Republican congresswoman from Tennessee, seemed to articulate the central conflict at issue — which was not about taxpayer funding at all: Black said that abortion was not health care; Richards responded adamantly that it was.

Photo: Planned Parenthood Federation president Cecile Richards testifies before the House Committee on Oversight and Government Reform on Capitol Hill in Washington on September 29, 2015.   REUTERS/Gary Cameron 

As ‘Abortion Pill’ Turns 15, Debate Rages On

As ‘Abortion Pill’ Turns 15, Debate Rages On

By Marie McCullough, The Philadelphia Inquirer (TNS)

Fifteen years after its approval in the United States, the drug mifepristone is used in nearly a quarter of all abortions, a proportion that has grown steadily even as the national abortion rate has fallen to a historic low.

Federal data also show that mifepristone has accelerated the shift toward early pregnancy terminations — before 10 weeks — when it is safest and has the most public acceptance. Maker Danco Laboratories says more than 2 million women have used its “early option pill.”

The impact, however, has not fit the predictions of either side in the nation’s bitter abortion divide. Mifepristone has not made abortion more common or endangered women’s health, as opponents said it would. It has done little to make abortion more accessible or part of private medical practices, as supporters hoped.

What mifepristone has done is open another front in the political battle over abortion rights. Supporters have worked to enable mifepristone to be prescribed by nonphysicians such as nurse practitioners, and remotely through “telemedicine” technology, while abortion opponents have worked to block such measures.

A few states, notably Texas, have put up high barriers to medication abortion — although legal challenges have removed or delayed most of the measures. For example, these states require doctors to stick to the outdated prescribing regimen proposed by Danco 15 years ago and approved by the U.S. Food and Drug Administration, which limits mifepristone use to no later than seven weeks of pregnancy. The simpler, lower-dose regimen used through nine weeks is recommended by medical groups and the World Health Organization.

“It’s clear that the anti-abortion movement has targeted this technology for restrictions,” said Daniel Grossman, an obstetrician-gynecologist at the University of California, San Francisco, who studies abortion access.

Cheryl Sullenger, senior policy adviser with Operation Rescue, countered with the anti-abortion view: Medication abortion is risky, painful, and involves insufficient medical supervision.

“I think it’s a moneymaking scheme for the abortionist, an opportunity to make a lot of money with a little effort,” she said.

The divide over abortion is as deep as ever. Planned Parenthood, a main provider of medication abortions, is facing Republican congressional challenges to its federal funding. Anti-abortion activists have accused the group of improprieties in donating fetal tissue for medical research, which Planned Parenthood vigorously denies.

Medication abortion actually involves mifepristone, developed in the 1980s by the French company Roussel-Uclaf, plus a second drug, misoprostol.

The mifepristone pill, taken by the patient at the abortion clinic, triggers bleeding by blocking a hormone needed to sustain pregnancy. Up to 48 hours later at home, she takes misoprostol to cause uterine contractions and ensure expulsion of the grape-sized fetus. An ultrasound or blood test two weeks later confirms the abortion.

The process feels like a heavy menstrual period, said Dayle Steinberg, president and chief executive of Planned Parenthood of Southeastern Pennsylvania.

“Most women experience strong cramps, and it takes longer than a surgical abortion,” she said.

The method has been well-studied by researchers, the FDA, and the Centers for Disease Control and Prevention:

Surgery is needed to complete about 5 percent of medication abortions. About 0.2 percent of patients suffer serious complications such as hemorrhage. There have been 14 deaths among women taking the drugs, one since 2011, and none that the FDA could definitely link to the abortion drugs.

Very early termination — through six weeks — has risen from 19 percent of all abortions in 1998, to more than a third now. The increase was greatest in the two years after mifepristone’s approval, suggesting it fueled the trend.

Medication abortion requires minimal medical equipment. A study found 193 of the nation’s abortion facilities (17 percent) offered only this option in 2011. The cost of an abortion through 12 weeks, whether surgical or medication, averages $500.

Exactly how many private physicians provide the abortion pill is unclear, but there are not many.

In 2011, 286 doctors’ offices did some type of abortion, and the total number of procedures was about 14,000 — 1 percent of the nation’s one million abortions, according to the Guttmacher Institute, a research center that supports abortion rights. Danco says 7 percent of its mifepristone sales last year were to private physicians.

“There are many reasons why private doctors may not offer it,” said Beverly Winikoff, a public health physician who worked to get mifepristone licensed and approved. “There are many building leases that prohibit them from performing abortions. Or their partners don’t want them to. Or they fear the political situation. Why should they take on that monster problem? In that sense, I have to say the anti-choice people have kind of won because people have to be so terrified all the time.”

Because abortion access remains a problem — 35 percent of women of childbearing age live in counties with no providers — some activists want to expand telemedicine.

Here’s how it works where it is now permitted: The patient goes to an abortion clinic, where a nurse does the usual work-up, which includes taking a medical history and doing an ultrasound to verify that she is less than 10 weeks pregnant.

Then the patient is connected via videoconference with a doctor in a distant location. After reviewing her records and answering questions, the doctor remotely opens a drawer in front of the patient containing two pills. The patient takes the mifepristone while the doctor and nurse observe, goes home with misoprostol, and returns in two weeks.

This option is now available in only two states — Iowa and Minnesota.

The FDA-approved but outdated abortion-pill regimen has also been the subject of legal fights in at least five states, even though physicians have discretion to prescribe approved drugs in “off-label” ways. Danco, a privately held, one-product company in New York, is “very aware” of this issue, said spokeswoman Abigail Long.

“But it costs money to change the label. We are a small company, so we have to think carefully about it. It would cost a little over $1 million,” she said.

“At the appropriate time, we’ll have a discussion with the FDA about it.”

(c)2015 The Philadelphia Inquirer. Distributed by Tribune Content Agency, LLC.

(Photo from Flickr Commons/World Can’t Wait)

If Abortion Foes Were Really ‘Pro-Life,’ They’d Go After Fertility Clinics Too

If Abortion Foes Were Really ‘Pro-Life,’ They’d Go After Fertility Clinics Too

If life begins at the point of conception, is in vitro fertilization (IVF) morally acceptable?

IVF, the process during which sperm fertilizes an egg in a laboratory, usually produces several embryos to raise the odds for a viable pregnancy. Embryos are then selected and implanted in a woman, who may have had difficulties conceiving, with the hope that at least one produces a healthy pregnancy.

The embryos that are not used are either donated to research (much like the fetal tissue from abortions), kept frozen for another cycle, discarded, or donated to another family.

But hardliners – those devoted to what’s called the Personhood Movement – want legislation that protects embryos as if they were people. (Former Arkansas governor Mike Huckabee declared that if elected president, he would extend 5th and 14th Amendment protections to zygotes.) This has obvious implications for those in favor of abortion rights, but, if carried to its logical conclusion, it would also affect providers and patients who use IVF.

So where’s the outrage directed at fertility clinics?

That’s the question Margo Kaplan, a professor at Rutgers Law School, asks in an op-ed published in The Washington Post. Kaplan, who conceived her two children through IVF, compares her experience to those of women seeking abortions:

In Pennsylvania (where my fertility clinic is located), a woman seeking an abortion must receive state-directed counseling designed to discourage her from the procedure. She must then wait at least 24 hours until she can continue. In other states, women are forced to undergo unnecessary and invasive ultrasounds, watch or listen to a description of the ultrasound, and hear a lecture on how the embryo or fetus is a human life. Clinics in some states must provide them with medically inaccurate information on the risks of abortion. After all that, women often cannot have an abortion without waiting an additional one to three days, depending on the state.

In contrast, all my husband and I had to do was sign a form. Our competence to choose the outcome of our embryo was never questioned. There were no mandatory lectures on gestation, no requirement that I be explicitly told that personhood begins at conception or that I view a picture of a day-five embryo. There was no compulsory waiting period for me to reconsider my decision. In fact, no state imposes these restrictions — so common for abortion patients — on patients with frozen embryos. With rare exceptions, the government doesn’t interfere with an IVF patient’s choices except to resolve disagreements between couples.

Why do anti-abortion activists and politicians exhaust themselves trying to defund and eliminate Planned Parenthood, while ignoring embryo-destroying fertility clinics?

Kaplan concludes that even though IVF necessitates the destruction of some embryos, the anti-abortion crowd leaves IVF clinics alone because the procedure exists to support women who want to be mothers. Pamela Haag in Big Think calls the discrepancy the “ideological ‘tell’ in abortion politics” — because for some abortion opponents, it’s clearly not just about the preservation of life: “It’s about women’s rights, women’s power, and women’s agency,” she writes.

This argument is one that is advanced by many, many women: Conservative, usually male, lawmakers just want to legislate women’s bodies. Specifically, vulnerable women. As supporters of Planned Parenthood consistently point out, the organization primarily serves poor women and women of color. IVF – due to its hefty price – is available mainly to affluent women.

Viewed in this context, the decision to persecute Planned Parenthood, yet not clinics that specialize in IVF, seems to be informed less by notions of the “sanctity of life” than by the demographics of the women affected. It’s not about saving or killing babies – it’s about making sure the “right” babies are born to the “right” people.

Yet nearly every GOP presidential candidate, many citing the same anti-choice rhetoric, has said that he (or she) supports defunding Planned Parenthood — even if it means shutting down the government — effectively dismantling an organization that helps millions of women get contraception and preventive reproductive health screenings. They maintain their stances despite the facts that the state investigations, which were prompted by videos released by the anti-abortion group Center for Medical Progress, have uncovered nothing, and that the vast majority of Americans support both Planned Parenthood and its receiving federal funding through Medicare. (The organization is fighting back, with an ad blitz in the states where the lawmakers calling for its defunding reside.)

Anti-choice politicians and activists like to point out that if Planned Parenthood had to shutter thanks to a loss of federal funding, community health centers would be there to take its place. But community health centers, which focus on primary care, are often overcrowded and already straining to handle all the new patients enrolled under the Affordable Care Act.

Texas provides a useful case study. As Ali Weinberg of ABC News explains, in 2011, legislators stripped Planned Parenthood and other abortion providers of taxpayer funding, which meant they could no longer be part of the Medicaid Women’s Health Program, providing women with family planning services. To make up for the loss of women’s health care services, clinics that did not have ties to abortion providers were recruited to take their place. A year later, the federal government stopped its Medicaid funding of the Women’s Health Program – meaning that the Lone Star State now needed to fill that funding gap.

So while other providers were scrambling to train medical professionals and integrate family planning services into primary care, some patients found that they had a hard time finding a provider. As Amanda Stevenson, a researcher at the University of Austin’s Texas Policy Evaluation Project, told ABC News, many women prefer going to a specialist – like a gynecologist – rather than a primary care doctor, because they feel it’s a more respectful and confidential environment.

There was an average 25 percent drop in women served by clinics with the Texas Women’s Health Program, with two districts reporting greater than 50 percent. The state’s Health and Human Services Commission showed that within two years, there were 63,581 fewer claims filed for birth control and almost 30,000 fewer women got any sort of service from the state-run health program.

This is partially why many say that abortion opponents fail to adhere to their stated “pro-life” ideology, since their policies actually end up harming the people already alive. And their ideology rings particularly hollow when they take a hard line on one procedure but aren’t so quick to apply the same standards to another.

Image: Intracytoplasmic sperm injection (ICSI) (via Flickr)

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