Stenberg v. Carhart: “Partial Birth” (NOT)

Dr. Leroy Carhart

Dr. Leroy Carhart sued Nebraska for outlawing a specific late-term abortion procedure, and won.

Seventeen years ago today — June 28, 2000 — the Supreme Court struck down a Nebraska law banning “partial birth abortion,” which the letter of the law described as “an abortion procedure in which the person performing the abortion partially delivers vaginally a living unborn child before killing the unborn child and completing the delivery.” *

Pause here a moment.

Is there any doubt in your mind that these words, quoted from the statute, were chosen by lawmakers to sound like infanticide, the killing of a baby between birth and one year? Are you horrified yet? Read on.

By a 5-4 ruling, the majority struck down the law in Stenberg v. Carhartsaying Nebraska’s ban was unconstitutionally vague and lacked a needed exception allowing the procedure to be used to protect the health of the pregnant mother. What? Huh? Infanticide is OK with the Supremes? How could that be? (Dissenting justices used the word infanticide 13 times in their dissents.)


Instead of outlawing abortion in one fell swoop, opponents are going after it one procedure at a time, stigmatizing lifesaving care in the process.


First, what banned procedure are we talking about? In 1992, Dr. Martin Haskell developed the “D&X” procedure, intact dilation and extraction (the medically appropriate name), calling it “a quick, surgical outpatient method” for late second-trimester and early third-trimester abortions. Outpatient is a key word here because the patient does not require an expensive, overnight hospital stay and, as we know, many hospitals do not allow any abortion procedures at all. Dr. Carhart, a surgeon and retired U.S. Air Force colonel, wanted to, and ultimately did, adopt this technique in his medical practice as the best and safest abortion option for some women.

As I read through all 107 pages of the court’s opinion, written by Justice Stephen Breyer and including three concurring opinions and four dissents, what struck me was one basic fact: The Nebraska law prohibited previability abortions** in which a fetus had a zero percent chance of ever being born — no matter what procedure medical professionals used. At that point in its development, the fetus could not survive outside the uterus. The Nebraska law that the Supreme Court struck down, then, had been a tool to demonize and criminalize physicians who decided the best interest of the woman was served by a procedure defined in the medical literature as “intact dilation and extraction,” and by anti-abortion politicians and agitators as “partial birth abortion.” Continue reading

Pro-Choice Friday News Rundown

  • Oh look — a bill that would cause even more burdensome nonsense for Arizona abortion clinics. (Rewire)
  • The stress and very real trauma of receiving a false positive for breast cancer has been shown to cause women to skip future mammograms. (NBC News)
  • Ohio Republican Jim Jordan is worried the 2015 budget reconciliation bill might keep Planned Parenthood funded! Mr. Jordan is adamant in referring to himself as “pro-life” and has four children — none of whom he adopted (according to my research). He has no history of fostering or coming to the aid of children in need. Additionally, he has provided no meaningful suggestions, solutions, or outreach to women who will be left without a health care provider if Planned Parenthood is defunded. Jim = FAIL. (CNN)
  • From the headlines: ACA Repeal Would Have Outsized Impact on Women of Color. Isn’t it interesting how most of the awful legislation Republicans champion always seems to have a higher penalty for minorities and poor people? Hope everyone realizes that is not a coincidence. (Rewire)
  • However, the road to repealing the ACA is a loooong one. Longer than the Republicans anticipated, so HA at that! (NY Mag)
  • But, like, seriously … this is not going to be a cakewalk for them. At. All. (WaPo)
  • Rep. Justin Humphrey, who is so pro-life he has never adopted or fostered any children in need, recently suggested that women who choose to have an abortion are “irresponsible” and should merely be treated as a “host” for the embryo or fetus they are carrying. This is how the forced-birth crowd views women. Our humanity is secondary or non-existent to them once we become pregnant. (RawStory)
  • Melinda Gates Pledges to Help 120 Million Women Access Birth Control by 2020! (Glamour)
  • South Dakota Republican, Steven Haugaard, says his bill to increase the penalty for performing abortions after 19 weeks of pregnancy isn’t an attack on women because it would protect some “female fetuses.” According to my research, Rep. Haugaard is very “pro-life,” but not enough to adopt or foster children in need. Additional research shows he hasn’t championed LIVING women’s rights in any tangible way EVER. It’s both ironic and repulsive that he is using the gender of an embryo or fetus to pretend he’s any sort of advocate for women. (Rapid City Journal)
  • Sheryl Sandberg tossed a cool $1 MILLION our way! We are ever so grateful. Thanks, girlfriend! (CNN)
  • 8 Countries Are Starting a Fund to Counter Trump’s Anti-Abortion Gag Rule! (NY Mag)
  • Why the &%$# are members of the Senate Agriculture Committee in Wyoming voting on anti-abortion bills??? (Jezebel)

Pro-Choice Friday News Rundown

phone-operator

Time to call your senators!

Happy 2017, readers! I hope the first days of this new year have brought you happiness, love, joy, and hope.

Not that you needed a reminder, but we are mere days away from having a narcissistic, Twitter-addicted, habitual liar, and numbskull as our president.

  • Everyone knows he’s a prolific teller of untruths, including the Washington Post, who gave “The Donald” ALL THE PINOCCHIOS for his bazillion lies in 2016. Hope they’re ready for another blockbuster year! Actually … #MakeThatFour (WaPo)
  • Senate Majority Leader Chuck Schumer has hijacked Donald Trump’s campaign slogan and flipped the script to reveal the truth — by repealing the Affordable Care Act, Trump and the GOP want to “Make America Sick Again.” (Politico)
  • Ugghhh. Paul Ryan … what can we even say? He has sucked in the past, he sucks at the present, and he will continue to suck in the future. He spearheaded last night’s repeal of the Affordable Care Act, which will strip Planned Parenthood of all federal funding. And the irony is, the funding he wants to strip from us DOES NOT GO TOWARD ANY ABORTIONS. The Hyde Amendment banned federal monies going toward abortion care in 1976. The money Speaker Ryan wants to rob from us is Medicaid payouts for low-income patients who receive preventive and diagnostic care and low-cost or free condoms and contraceptives. This is heartlessness and cruelty on a savage level. So today, our advocates are hand-delivering 80,000 petitions to Ryan’s office to express just how furious we are! (NY Mag) *Sadly though, we could lose our federal funding as early as next month*
  • Sen. Robert Stivers (R-Kentucky) is championing a 20-week abortion ban in the state because he thinks when women consent to sex, they also consent to pregnancy. Guess a-freaking-gain, pal. (Raw Story)
  • A federal judge in Texas decided that doctors, who take an oath to help people and never cause harm, can deny patients care on the basis of gender identity and history of abortion. (Rewire)
  • Mississippi legislators = a bunch of bigots who want to make hatred of LGBTQ folks an actual religion. (Slate)
  • The National Institutes of Health is entering the first-ever worldwide clinical trial of an HIV vaccine! (NBC News)
  • In 2016, 57 percent of American women of reproductive age lived in a state considered either hostile or extremely hostile to abortion rights. Just think about the magnitude of that statistic. Most of us live in a state that wants to take away our right to a safe, LEGAL medical procedure. (Guttmacher)
  • 106 lawmakers asked Trump to repeal the Hyde Amendment. Brace yourselves: He won’t. (NY Mag)
  • Texas’ craptasic governor, Dan Patrick, wants to pass a “bathroom bill” similar to North Carolina. But this one only targets trans women and girls because, according to his preposterous, archaic logic, men “can defend themselves.” (Texas Tribune)
  • As a matter of fact, six states are now working on this “bathroom bill” nonsense. (Time)
  • Did women break new ground in 2016? Slate delves in with an astute analysis. (Slate)
  • One ground we didn’t break? We still make up the majority of low-wage workers in this country. (NY Mag)
  • Our relentlessly fearless president, Cecile Richards, gave an interview to Rolling Stone promising to continue to fight the hostile political climate that threatens the health and very lives of our patients. (Rolling Stone)

Post-Election News Rundown

hangers-croppedIt would be an understatement to simply say we’re all reeling from last week’s election.

Ironically, in a nation where only 1.2 percent of the population are actual “real Americans” who are natives to this country, a swath of angry, non-native voters, with the intention of “taking their country back” (from whom is still a mystery) chose to pull the proverbial lever for a self-serving, authoritarian, demagogic, misogynistic, race-baiting, ego-maniacal, predatory, pathological liar.


Thanks to the 46,000 (and counting!) folks donating to Planned Parenthood in Mike Pence’s name.


The fact that hate speech and fear-mongering triumphed is truly frightening and demoralizing.

Most disappointing to many of us is the stunning betrayal we are realizing has been perpetrated by white female voters — 53 percent of whom voted for Donald Trump. #InsertFrownyFaceEmojiHere

Sorry to shatter your dream of a sisterhood! White ladies decided not to support a woman who has a long and storied history of advocating for children, affordable health care, equal pay, family leave, and women’s health and reproductive rights. Sadly, a majority of white women proved they would rather cast a vote for an openly cruel and vindictive man who doesn’t care about consent or gender equality, and publicly assigns and strips women of their value and humanity solely based on their appearance, and bullies female journalists and other women in the public sphere for his own entertainment.

Oh, and he blatantly and outlandishly lies about abortion. A procedure that one in three women has undergone.

Fairly certainly from a statistical standpoint, many of them were Trump voters.

I guess his statement that women who have abortions should be “punished” didn’t bother them.

In other harrowing news: Continue reading

Meet Our Candidates: Kelli Butler for State Representative, LD 28

The Arizona general election will be held on November 8, 2016. 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.” In order to vote in the election, you must have been registered to vote by October 10. Make your voice heard in 2016!

The 28th legislative district has, until recently, been represented in the House by Democrat Eric Meyer and Republican Kate Brophy McGee, making it one of the state’s few swing districts. Dr. Eric Meyer, although termed out of the House, was not done fighting for his values and District 28. Evaluating his competition, incumbent Adam Driggs announced that he would not seek reelection. Kate Brophy McGee jumped at the opportunity to get in the Senate race, leaving two seats in the House up for grabs.

Kelli Butler, a Democrat, hopes to occupy one of those seats, keeping LD 28’s House representation split between one Democrat and one Republican.

Ms. Butler will be squaring off against Mary Hamway and Maria Syms, both of whom support heavy restrictions on abortion.  Ms. Syms also opposes including sexual orientation, gender identity, or gender expression in nondiscrimination laws. While all three House candidates have made education a central part of their platforms, Planned Parenthood Advocates of Arizona trusts Ms. Butler to advocate for a very important aspect of children’s schooling: comprehensive sex education. For that reason, and because of her strong support for reproductive rights, we recommend a single-shot vote for Kelli Butler.

Education, the economy, and child safety represent the three pillars of Ms. Butler’s platform, and comprehensive sex education links all three of these issues together. Including comprehensive sex education in schools empowers students with the information they need to avoid sexually transmitted infections and unintended pregnancies — the latter of which will help reduce dropout rates among teenage girls. When teens are able to delay childbearing until after they complete their educations, they are able to obtain better jobs and be less dependent on public assistance, helping to strengthen the economy. Knowledge about preventing pregnancy can help them start their families when they are ready, helping children to be born into more stable homes that are ready to raise them.

We need lawmakers at the Capitol to introduce legislation that improves sex education in all of Arizona, rather than making piecemeal advances one district at a time. Even school districts with relatively progressive sex-ed programs are constrained by state laws that, for example, forbid teachers from presenting LGBTQ folks in a positive light. We need representatives like Ms. Butler to give local school districts better laws to work with.

Kelli Butler is running to represent Legislative District 28, which includes Paradise Valley and parts of Phoenix. She took the time for an interview with Planned Parenthood Advocates of Arizona on October 12, 2016.


“Medically accurate and age-appropriate sex education is vital to every person’s health and well-being.”


Tell us a little about your background and why it’s important to you to be involved in your community.

I am a native Arizonan and I grew up largely within the boundaries of my district. I attended local public schools at a time when Arizona was near the national average in per-student funding. We had access to quality programs and educational options that are no longer available to our public school students today. When my two boys attended our neighborhood public school, I witnessed the dire results of budget cuts — programs like art, music, and electives were cut, class sizes increased, and teachers began leaving the profession. I got involved in politics because I am a passionate advocate for education and I want to be part of a different vision for our state. Continue reading

Meet Our Candidates: Steve Weichert for State Senator, LD 17

The Arizona general election will be held on November 8, 2016. 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.” In order to vote in the election, you must register to vote by October 10 — and can even register online. Make your voice heard in 2016!

steve-weichertThe 17th legislative district hangs just southeast of Phoenix, covering the greater part of Chandler, western Gilbert, and Sun Lakes. It is currently represented in the Arizona Senate by Steven Yarbrough, who has a history of opposing reproductive rights and LGBTQ equality. LD 17 needs better representation, and Planned Parenthood Advocates of Arizona endorses Steve Weichert, who will fight for improved education and health-care access — including comprehensive sex education and access to family planning services.


“Women can count on me to protect their health care and reproductive rights.”


In 2003, Mr. Weichert moved to Chandler, where his family has put down permanent roots. He and his wife are raising two school-age daughters, so he knows first-hand just how crucial quality education is. He points to the importance of attracting and retaining talented teachers and attaining smaller classroom sizes. As such, a key component of his platform is improving education funding in Arizona, and, as he tells us in today’s interview, he believes comprehensive sex education is an integral aspect of a student’s overall education.

Just as Arizona needs to be able to hold onto good K-12 teachers, Mr. Weichert knows how vital it is to retain a vibrant population of physicians and other health-care providers. As a health-care administrator, he has a front-row seat to Arizona’s shortage of health-care providers. While the University of Arizona College of Medicine provides affordable education, Mr. Weichert says Arizona loses its investment when its graduates are lured out of state by better salaries and benefits. And, as an employee of Gila River Health Care, serving the Gila River Indian Community, Mr. Weichert sees the importance of expanding health care access to historically under-served populations.

According to the Center for Arizona Policy’s 2016 candidate questionnaire, LD 17’s current senator, Steven Yarbrough, is in favor of strict prohibitions on Arizonans’ access to abortion; he is also opposed to recognizing individuals’ gender identity and including the LGBTQ community in nondiscrimination laws. In 2014, Sen. Yarbrough helped propel Arizona to national headlines when he sponsored SB 1062, which would have given businesses the right to refuse service to LGBTQ customers. He sponsored a similar bill the year before — but both that bill and SB 1062 were vetoed by then-governor Jan Brewer.

We need lawmakers who prioritize issues that have a direct impact on Arizonans’ quality of life — and Steve Weichert will focus on quality education and health-care access, without wasting time introducing fear-based bills like SB 1062 that solve no problems. Mr. Weichert generously took the time to answer our questions on September 18, 2016. Continue reading

Meet Our Candidates: Scott Prior for State Senator, LD 16

The Arizona primary election takes place TODAY! Find your polling location here. 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.” In order to vote in today’s primary election, you need to have been registered to vote by August 1. Missed the deadline? You can still register online for November’s general election. Make your voice heard in 2016!

Scott Prior is resilient and tenacious in his commitment to underrepresented citizens. He is running for the state Senate in Arizona’s Legislative District 16 for the third time. He previously ran in 2012 and 2014, at which time he shared his thoughts with Planned Parenthood Advocates of Arizona (PPAA). PPAA has endorsed Mr. Prior each time because as a Democrat who is independent-minded, he places the interest of people over the interest of profit. He is committed to individual freedom and believes that human dignity should come before corporate, government, or religious interests. Mr. Prior’s wife is running in the same district for the state House of Representatives. Scott and Cara have been married 20 years and live in Apache Junction. They are both committed to reproductive justice.


“Sex education should be age-appropriate and provided in schools.”


Legislative District 16 includes Apache Junction, East Mesa, Gold Canyon, and northern San Tan Valley. Mr. Prior will be running against Republican David Farnsworth. Sen. Farnsworth believes that abortions should always be illegal and does not believe that the Arizona government should fund clinics and medical facilities that provide abortion services. Sen. Farnsworth also does not support sex education in schools, increasing funding for programs to prevent teen pregnancy, the inclusion of sexual orientation in Arizona’s anti-discrimination laws, or recognizing same-sex marriages.

On July 8, 2016, Mr. Prior generously took time to share his thoughts with PPAA again via Skype, sharing why he is more determined than ever to win this election.

Since PPAA last spoke with you, how has your commitment to serving Arizona grown? What has happened during that time to give you hope, and what has happened to strengthen your convictions?

The serious mistakes made over the last two years by the state Legislature have made me even more resolved to make a difference in the state of Arizona. Funding for schools has been slashed while corporate tax breaks and funding for private prisons have been increased. I do not want to see what has happened in Kansas happen in Arizona. In Kansas, there has not been enough money to keep the schools open the entire year.

As a secular humanist, I do not believe or follow any religion. It is unacceptable for the Phoenix City Council and the Arizona Legislature to deny all but Judeo-Christian faiths from taking part in opening invocations. It is important that we all understand the importance of the separation of church and state. Continue reading