The Kennedy Retirement and the Radicalizing of the Supreme Court

Protesters swarmed Washington, DC, to voice their opposition to Brett Kavanaugh.

When Justice Anthony Kennedy announced his retirement from the Supreme Court, alarms went up about overturning Roe v. Wade, which would make abortion once again illegal in many states. As shown in Whole Woman’s Health v. Hellerstedt, in which Kennedy provided the decisive fifth vote overturning Texas’ draconian laws limiting abortion access, one justice can preserve the right to abortion. But Kennedy also voted with the majority in Planned Parenthood v. Casey in 1992, when the Supreme Court upheld a state’s right to impose extra requirements — mandatory counseling, waiting periods, etc. — on those seeking abortions. So, while he was willing to curtail access, he never was willing to overturn Roe v. Wade altogether.


In Brett Kavanaugh’s twisted worldview, paperwork is the true burden, while an unwanted pregnancy is not.


But Kennedy was the last independent conservative on the Supreme Court. Anyone Trump nominated was going to be on the far right because he was using the Federalist Society’s list compiled by Leonard Leo. Not quite a kingmaker, but definitely a justice-maker, Leo is also responsible for Justices Roberts, Alito, and Gorsuch.

But some on the right have some doubts about Kavanaugh. In response, the National Review emphasizes Kavanaugh’s judicial defense of “religious freedom.” (Nothing shows the real danger Kavanaugh poses like pundits on the far right reassuring other conservatives.) They lauded Kavanaugh’s ruling in favor of the Trump administration in the case of Jane Doe, the teenage immigrant the Department of Health and Human Services (HHS) tried to stop from having an abortion, as “the latest in a long, unbroken line of consistent decisions on issues of religion and abortion.” Continue reading

Pro-Choice Friday News Rundown

  • With all of the shenanigans that have transpired in North Carolina over the years (their racially discriminatory voting debacles especially), it’s nice to be able to highlight the state for doing something positive for a change. North Carolina has managed to close its black-white maternal death gap. This is amazing and so important. (Vox)
  • I’m sure we all remember (and would like to forget) the Jan Brewer era? Well, friendly reminder: Arizona Already Tried What the GOP Wants to Do to Medicaid. It Was a Disaster. (Slate)
  • Our nomination for sentence of the week: “Whatever maternity care his mother got when she was pregnant with him helped him grow into the healthy, thriving, intolerable jerkoff he is today.” HA! (XX Factor)
  • Christian crisis pregnancy centers in Illinois are suing the state because they want to keep lying to vulnerable pregnant women about their options. Let’s hope they catch the ‘L’ they deserve. (Chicago Tribune)
  • The majority of women who have abortions are already mothers. They share their stories about why they chose to terminate their pregnancies. (Elle)
  • Parents are doing a mediocre job teaching teens about love, sex, and the misogyny that permeates our culture. Eighty-seven percent of teenage girls have experienced harassment, abuse, or assault. This is not OK. (NBC News)
  • Due to the fact that we have a thin-skinned narcissist with the restraint and civility of a toddler in the White House, there are obviously A LOT of concerns about national politics. However, we can’t lose sight of the fact that local politics have a much greater effect on most of our daily lives — especially for women. NARAL President Kaylie Hanson Long details why. (Think Progress)
  • Literally ALL the medical groups hate Trumpcare. Have they no compassion for the rich people who would be further enriched by GOP tax cuts?!? (NBC News)
  • Wow — a majority of GOP voters largely support Obamacare’s birth control mandate. Surprising! (The Hill)
  • While conservative politicians are doing everything within their power to ensure women have less access to birth control to prevent unintended pregnancy and less access to abortion to terminate an unwanted pregnancy, the foster care system is bursting at the seams with child victims of the opioid crisis. I personally have spent a great deal of time looking for SOME kind of evidence that the “pro-life” politicians who seek to restrict women’s rights are also advocating somehow for these children. Unfortunately I’m at a loss. Their privileged, traditional, nuclear families aren’t fostering them. They aren’t publicly advocating for them vocally. They aren’t trying to bring about meaningful change to the foster care system. Oddly, it seems like the “pro-life” advocacy only applies to CURRENT, not former, residents of a womb. Sad. (Mother Jones)
  • Well, this is heart-wrenching and tragic: In developing nations, 214 million women want to prevent pregnancy but have no contraception. How will poverty ever be eradicated if women have no control over their fertility, limited ability to prioritize their existing children and give them better opportunities, and no meaningful path toward economic independence? (XX Factor)

What’s in a Name: Repealing the Affordable Care Act

Supporters drop off petitions and rally at Rep. Martha McSally’s Tucson office, March 15, 2017

As this post goes to press, word has come that Speaker Paul Ryan has pulled the American Health Care Act, being unable to muster enough votes to pass it. So we have escaped that disaster, and it appears no attempt to repeal the Affordable Care Act will proceed in the near future. But the fight is not over. Aspects of this bill will come up in other forms and we will have to be vigilant. But this is a victory for activism, so many thanks to all of you who made phone calls, demonstrated, told your stories, and reminded the Republicans that destroying something is not the same as governing.

So as you read this, realize what we have escaped, and what we need to watch out for as we proceed.


People were going to die. But the free market would have triumphed.


Republicans called it Obamacare, and used that name as a slur to run against President Obama in 2012. It didn’t win that race for them, but there are enough people in this country for whom the name Obama is enough to damn a program. One woman, whose son lost his job and had his monthly insurance premium fall from $567 to $88, attributes that decrease to the tax credits in Trump and Ryan’s new American Health Care Act. You know, the bill that never passed. In actuality, her son became eligible for a subsidy under Obamacare — the Affordable Care Act — which is still the law.

Paul Ryan and his cronies in the House of Representatives hated the Affordable Care Act before it was written. They hated it even more when it passed and more than that when it was implemented.

What did they hate about it? Continue reading

Center for Arizona Policy: A Witches’ Brew of Spine-Tingling Politics and Legislation

Photo: Ryan Godfrey

For nearly 20 years, CAP has been injecting their extreme interpretations of Christian doctrine into Arizona law. Photo: Ryan Godfrey

The Center for Arizona Policy is a far-right Christian organization that was founded in 1995. According to its mission statement:

Center for Arizona Policy (CAP) promotes and defends the foundational values of life, marriage and family, and religious liberty.

Its political purpose is stated in the next sentence:

The fact is, what happens at the state Capitol impacts real lives. CAP works with state legislators and other elected officials at all levels of government to ensure that public policy promotes foundational principles.

Its founding president, and its second and current president Cathi Herrod, are both lawyers, and Herrod was a lawyer on staff before becoming president. Therefore it is no surprise that CAP is more than a lobbying group — they actually write legislation, including the vetoed SB 1062, which would have allowed businesses to refuse service to LGBTQ customers under the guise of religious freedom.

They are proud of the legislation they have written or supported over the years. A Huffington Post report from February 2014 says:

Since the group’s 1995 establishment, 123 CAP-supported measures have been signed into law, including the state’s 2008 constitutional amendment banning same-sex marriage. That effort was spearheaded by the group’s president, Cathi Herrod. Twenty-nine bills backed by CAP have been vetoed by various Arizona governors after being passed by the state legislature.

Arizona’s constitutional amendment banning same-sex marriage was just overturned in federal court. Cathi Herrod responded to the the decision with a post on CAP’s Foundations blog.

Today, we grieve. We grieve for the children who now have no chance of growing up with a mom and a dad. We mourn the loss of a culture and its moral foundation. We mourn a culture that continues to turn its back on God and His principles.

But we do not despair. We do not throw in the towel. We do not give up.

She goes on to cite the religious right activism spawned by Roe v. Wade, and predicts a similar movement building up against same-sex marriage.

A rather terrifying thought, given the terrorism and deaths the anti-abortion movement has generated. Continue reading

Meet Our Candidates: Felecia Rotellini for Arizona Attorney General

The Arizona general election will be held on November 4, 2014, and early voting is already underway! Reproductive health care access has been under attack, both nationally and statewide, but Planned Parenthood Advocates of Arizona has endorsed candidates who have shown strong commitment to reproductive justice. To acquaint you with our endorsed candidates, we are running a series called “Meet Our Candidates.” Make your voice heard in 2014!

felecia-rotellini scaled[F]elecia Rotellini is running for Arizona attorney general. The role of Arizona’s attorney general is to serve as chief legal officer on behalf of the state of Arizona. She boasts nearly 30 years of prosecutorial experience, including in her current role as a prosecutor for a private law firm in Phoenix and her previous position as superintendent of the State Banking Department in Arizona under Gov. Janet Napolitano.

Ms. Rotellini’s opponent is Mark Brnovich, who publicly spoke out in favor of businesses instead of people during the case of Sebelius v. Hobby Lobby, which eventually allowed businesses to exclude contraception from the health insurance plans they provide their employees on the grounds of religious beliefs. Putting faith before the law, Brnovich has made clear his intention to legally protect every demographic but women when he states, “Whether that be protecting the rights of the unborn, children, seniors, or our veterans, we have a solemn obligation to protect those who cannot protect themselves. My faith and my experience as a prosecutor teaches me that.” Brnovich goes further in implying that he feels no obligation to protect and defend laws that concern women when he specifies: “We also have an obligation to protect and defend our laws that concern the unborn.”

Ms. Rotellini takes a broader approach to inclusiveness as she seeks to uphold the law to protect all Arizonans, including members of the LGBTQ community. As Arizona’s attorney general, she pledges to “support equal protection under the law for one and all, with no exceptions.”

Ms. Rotellini was kind enough to speak with us on October 28, 2014.


“I’m disappointed that my opponent supports a new version of SB 1062 to legalize discrimination against LGBT individuals.”


Tell us a little about your background.

I have lived in Arizona for 28 years; I’ve been a practicing attorney for 28 years. Eleven of those have been in the private sector as a litigation attorney, and 17 of those years as a public lawyer. I worked as a prosecutor in the attorney general’s office for 13 years in both the civil and criminal divisions from 1992 to 2005. And then I ran the Arizona Department of Financial Institutions as superintendent in the cabinet of Gov. Napolitano and also Gov. Brewer. I was in that job from 2006 to 2009. Over 17 years, I was in uninterrupted public service. I had the opportunity to work primarily in financial fraud, consumer fraud, and senior fraud.

I have had some very big cases. Because of my background as a trial lawyer, I did jury trials in my civil practice from 1986 to 1992. I was the lead lawyer for the state against Arthur Andersen, the accounting giant, for the failed audits of the Baptist Foundation of Arizona, where there were 11,000 investors who lost their retirements, and we were able to return $217 million to the victims, mostly working-class and senior citizens. Continue reading

Hobby Lobby: Birth Control and the Law

Birth control activists Margaret Sanger and Fania Mindell inside the Brownsville birth control clinic, circa October 1916

Birth control activists Fania Mindell and Margaret Sanger inside the Brownsville birth control clinic, circa October 1916

In 1964, when I was a 16-year-old college freshman, my Bronx pediatrician asked if I was sexually active, and offered to prescribe birth control whenever I started having sex.

In 1964, his doing so was legal in New York because of a 1918 ruling by Judge Frederick E. Crane of the New York Court of Appeals, but not in Massachusetts, where I was in school.

Birth control is only legal in this country because of a concerted campaign of civil disobedience carried out by Margaret Sanger and her followers. Here is a brief look at the legal history of birth control in the United States.


In 1917, a judge opined that women did not have “the right to copulate with a feeling of security that there will be no resulting conception.”


In 1873, the Comstock Act was passed into law, making the dissemination of “obscene” material through the mail illegal. Any attempts in the early part of the 20th century to teach about sexuality and the prevention of pregnancy — including Margaret Sanger’s work as well as Mary Ware Dennett’s The Sex Side of Life, which she wrote for her sons when she could not find any adequate literature to assist in educating them — were prosecuted under the Comstock Act.

Margaret Sanger witnessed her mother’s early death after 11 live births and seven miscarriages. Later, as a nurse on New York’s Lower East Side, she witnessed poor women dying from attempting to abort unwanted or dangerous pregnancies. She decided to challenge the Comstock Act. Continue reading

Pro-Choice Friday News Rundown

  • mobile appRussell Pearce, one of the worst Republican leaders in Arizona, engineered his own downfall by advocating for poor women to be forcibly sterilized. Isn’t it strange how these people actively fight against “government-sponsored” co-pay-free birth control and abortion one minute and then try to force it upon those they deem “undesirable” the next? (AZ Central)
  • Vice went undercover in several crisis pregnancy centers and further confirmed that they’re a lying bunch of sorry liars who thrive on cruelly tricking women in incredibly vulnerable situations. (Vice)
  • Add Republican Texas Sen. Ted Cruz to the ever expanding list of lying, anti-choice liars on a never-ending mission to deceive us. This imbecile had the gall to accuse the federal government of “suing nuns to force them to pay for abortion-inducing drugs.” Um, what? No sir. The “nuns” in question, Little Sisters of the Poor, a Catholic nonprofit, are suing the government to challenge the Affordable Care Act’s birth control benefit. The government is not suing them. The case is over their refusal to provide insurance coverage for birth control to their employees. Birth control! Which does not “induce abortions”! (RH Reality Check)
  • A dilemma far too many women face: being too poor for a baby and too poor for an abortion. And before the anti-abortion crowd chimes in with “she shouldn’t be having sex then,” let’s shut down that BS with the fact that this woman in particular is married. I don’t think that would stop Russell Pearce from putting her on the forced-sterilization list, but I do think the anti-abortion “abstinence before marriage crowd” should face the fact that these situations don’t just happen with us unmarried sinful sex enthusiasts. (xoJane)
  • If you’re on Twitter and not following Dr. Leah Torres, ob/gyn and pro-choice superstar, you should rectify that. She drops knowledge! (Bustle)
  • Planned Parenthood has an app for your mobile phone now and obviously some people aren’t thrilled with that. (Seattle Times)
  • One woman’s cost for helping her pregnant daughter obtain “the abortion pill”? Forty-five dollars for the medication and 9 to 18 months in jail. (NY Times)
  • CVS effed up big time by illegally charging more than 11,000 women who should have been receiving co-pay-free birth control under the ACA for their contraception. (Salon)