« Reproductive Health
May 5, 2008
Sekulow Recalls John Roberts as Key Anti-Abortion Ally
During the debate over John Roberts’s confirmation as Chief Justice three years ago, many of his proponents claimed that his experience as a right-wing legal advocate for Republican administrations was totally irrelevant in gauging the agenda he would bring to the Supreme Court. That was just a job, Americans were told, and the nominee was presented as an uninterested “umpire” who had practically never taken a position on anything at all.
At the same time, backers of Roberts assured the Religious Right that he would be their champion. For example, Jay Sekulow—head of Pat Robertson’s American Center for Law and Justice and one of the White House’s key liaisons to the far Right—felt confident enough to assert that “he knew that Judge Roberts's heart was in it. ‘He doesn't argue just to argue.’”
Last month, speaking to an anti-abortion group in Memphis, Sekulow related a few more details about why he’d felt so confident in Roberts:
In the early 1990s, Sekulow was representing the militant anti-abortion activists Operation Rescue in a case before the Supreme Court over physically blocking access to clinics (Bray v. Alexandria Women’s Health Clinic). Meanwhile, Operation Rescue was organizing more blockades in Wichita, Kansas, and planning more large protests.
According to Sekulow, Roberts—then deputy solicitor general—called him up and hatched a strategy: In the upcoming protest in Wichita, don’t block access, and that will give cover for the administration to argue on your behalf in the case where you did block access.
And indeed, the George H.W. Bush Administration joined alongside Operation Rescue in the Bray case, arguing that blocking women’s access to health clinics did not amount to discrimination against women. The Supreme Court agreed, leading Congress to pass the Freedom of Access to Clinic Entrances Act.
Reflecting on the upcoming presidential elections, Sekulow reminded the audience of the most important results of the current presidency: “Roberts and Alito. You don’t have to say a whole lot more.”
Posted by Ezra at 5:52 PM | Permalink
April 29, 2008
Right Steps Up Attacks on 'Racist' Planned Parenthood
For several years, a handful of far-right activists have promoted the idea that the occurrence of African American women choosing abortion amounts to a so-called “black genocide” perpetrated consciously by clinics. But it’s only seeming to catch on now, as more and more right-wing media outlets have picked up on the claim in the last few months. Televangelist Rod Parsley recently embraced the notion as a personal cause, and a UCLA student group deployed actors to call Planned Parenthood offices and pose as racist donors (under the assumption that if the operator accepts the money, the organization must be racist).
Activists promoting the “black genocide” idea converged on Thursday at a Washington, DC clinic protest. From a CBN report:
Kristan Hawkins, Students for Life: Planned Parenthood, guess what? Your secret is out!
John Jessup, CBN: That secret? That Planned Parenthood is deeply rooted in targeting African Americans for Abortions.
Day Gardner, National Black Pro-Life Union: Black America must wake up, and stand up, to this racist organization that purposefully plants abortion facilities firmly in black and minority neighborhoods. […]
Rev. Clenard Childress, Black Genocide: I believe, as always, that if abortion was not lucrative, it would not be legal and they are benefiting off of the blood of innocent babies.
Rep. Trent Franks (R-AZ) attended, promising to offer legislation to make it illegal “to abort a baby based solely on their sex or their race,” while others pushed Congress to prevent Planned Parenthood from receiving any federal funding for its non-abortion health programs. (Federal funding of abortion is already prohibited by law.)
Protesters also linked their cause to the presidential campaign. Gardner’s National Black Pro-Life Union sent a letter to presidential candidates, calling on them to condemn Planned Parenthood’s supposed “racist business practices.” In particular, Barack Obama seemed to be the target. "If (Obama) supports abortion, which is a scourge of our community, which is devastating our community, then we cannot, we must not, support him," said Dallas pastor Stephen Broden at the protest.
The National Black Pro-Life Union has dogged Barack Obama for some time, as have others at Thursday’s protest. Clenard Childress of BlackGenocide.org, for example, recently accused Obama of being a black “front” man for Planned Parenthood.

Posted by Ezra at 9:59 AM | Permalink
April 24, 2008
McCain Wins By Losing
Suffice it to say that John McCain and Wisconsin Right to Life (WRTL) have had something of a rocky relationship in the past, engaging in extensive litigation over the senator’s flagship McCain-Feingold campaign finance reform legislation ever since WRTL ran ads back in 2004 targeting WI senators Herb Kohl and Russ Feingold despite a provision in the law “banning ads that mention the names of candidates for public office within certain ‘blackout periods’ ranging from 30 to 60 days before an election--if funds from corporations or unions are used to pay for the ads.”
As the Weekly Standard explained:
McCain has thrown himself into the McCain-Feingold litigation with unusual fervor, personally intervening in Wisconsin Right to Life's lawsuit rather than relying solely on the lawyers for the Federal Election Commission and Justice Department who are charged with defending the constitutionality of federal election laws. "It is not a common, ordinary occurrence" for sponsors of federal legislation to become involved in litigation over their handiwork, notes Bradley A. Smith, a law professor at Capital University in Columbus, Ohio, who served as FEC chairman during Bush's first term and is a vocal opponent of McCain-Feingold as well as most other regulation of elections. "How rare it is I can't tell you, but it's more common just to file an amicus [friend-of-the-court] brief."
The case ended up going all the way to the Supreme Court and McCain even filed a brief in which he argued that WRTL’s actions were “a classic case of business corporations funneling unregulated monies to an advocacy group to pay for ads that will influence a federal election” in violation of the law.
Unfortunately for McCain, he ended up losing the case on a decision written by Chief Justice Roberts and joined by Justice Alito and and others whom he voted to confirm to the Court.
But it looks like WRTL isn’t one to hold a grudge, because they have now endorsed him and are citing his pledge to appoint more justices like Roberts and Alito to the Supreme Court as one of the key reasons:
The Wisconsin Right to Life Political Action Committee today announced its endorsement of Sen. John McCain in the 2008 presidential race.
Senator McCain has a stellar 100% voting record on protecting unborn children from abortion. He opposes the 1973 Roe v. Wade decision that legalized abortion on demand in the United States and he voted to ban the gruesome partial-birth abortion procedure. He opposes taxpayer funding of abortion and supports legislation that would require parental notification prior to a minor's abortion.
Senator McCain opposes human cloning and the intentional creation of human embryos for research purposes. He has stated that he would nominate U.S. Supreme Court justices in the mold of Justices Roberts and Scalia.
Presumably, all McCain needs to do to rack up support from his former Religious Right foes is to keep pledging to appoint the type of judges they demand, even if that means ones who will strike down legislation and views he otherwise champions.
Posted by Kyle at 4:21 PM | Permalink
March 27, 2008
Insurance Plans for 'Unborn Children'
Last year we noted the creative reasons the Religious Right came up with to join their economic-right brethren in opposing expansion of the State Children’s Health Insurance Program (SCHIP). The National Right to Life Committee raised the specter of Medicare “rationing” and “involuntary euthanasia,” while Focus on the Family complained that there was no money in the proposal earmarked for abstinence-only sex ed. Tony Perkins of the Family Research Council said the problem with the SCHIP expansion was that it provided health coverage to “pregnant mothers” rather than to “unborn children”—a “calculated move,” according to Perkins, “to open the door to federal taxpayer-funded abortions.”
This month, retiring Sen. Wayne Allard (R-Colorado) revived his attempt to “classify the unborn child as a patient” under existing SCHIP coverage. The attempt failed, much to the dismay of Rod Parsley’s Center for Moral Clarity.
For the second time in less than a year, the U.S. Senate has rejected an amendment that would allow states to financially help poor pregnant teens and their unborn children. In effect, the vote will help encourage abortion.
The Center for Moral Clarity echoes Perkins in making a nebulous connection between not assigning insurance policies to fetuses and increasing abortion, but while the Family Research Council argued that more federal dollars for children’s health care would “free[] up states” to pay for abortions “with their own state money,” CMC’s point remains mysterious.
By assuaging the “financial concerns” of young women, CMC claims, “[t]hese girls are far more likely to be persuaded or coerced into an abortion.” But given that the Senate did pass expanded coverage for pregnant women and their children, it’s unclear what more “recogniz[ing] unborn children as patients” would do—except advance the legal agenda of abortion opponents.
Posted by Ezra at 5:59 PM | Permalink
March 26, 2008
Pharmacist's 'Conscience' in Holding Woman's Birth Control Hostage
Efforts to expand the emerging, nebulous concept of anti-abortion health-care providers’ “right of conscience” were dealt a setback this week, as a Wisconsin appeals court upheld the state Pharmacy Examining Board’s rebuke of Neil Noesen. Noesen, a “traveling pharmacist,” was working temporarily at a Menomonie Kmart when he refused to fill a woman’s prescription for birth control pills—and refused to transfer her prescription elsewhere.
Noesen, 34, of St. Paul, Minn., told regulators that he is a devout Roman Catholic and refused to refill the prescription or release it to another pharmacy because he didn't want to commit a sin by "impairing the fertility of a human being."
The Pharmacy Examining Board ruled in 2005 that Noesen failed to carry out his professional responsibility to get the woman's prescription to someone else if he wouldn't fill it himself.
The board reprimanded Noesen and ordered him to attend ethics classes. He was allowed to keep his license as long as he informs all future employers in writing that he won't dispense birth control pills and outlines steps he will take to make sure a patient has access to medication.
Noesen, whose “conscience” about the woman’s “fertility” told him he had to keep the prescription slip away from her, is an extreme case, but the line between respecting the religious observance of health providers and maintaining individuals’ access to health care is being disputed in a variety of cases. Last year we wrote about a “conscience” case where doctors refused to provide artificial insemination to a lesbian. But for the most part, the movement is focused on birth control and abortion.
Last week, a federal court dismissed a lawsuit by the state of California challenging the Weldon Amendment, which denies funds to states that “discriminate” against health services that do not refer patients for abortions, and which Casey Mattox of the Christian Legal Society described as “a critical protection for the rights of conscience of pro-life healthcare workers.”
And the Bush Administration is wading in to the debate: Michael Leavitt, Secretary of Health and Human Services, is leaning on the American Board of Obstetrics and Gynecology to rescind a report he claimed “would force physicians to violate their conscience by referring patients for abortions or taking other objectionable actions.”
Posted by Ezra at 5:51 PM | Permalink
March 24, 2008
Vote Pro-Life
Literally: " A Senate candidate has legally changed his name to Pro-Life and will appear on the ballot that way this year, state election officials say. As Marvin Pro-Life Richardson, the organic strawberry farmer from Letha, 30 miles northwest of Boise, was denied the use of his middle name when he ran unsuccessfully for governor in 2006 because the state's policy bars the use of slogans on the ballot. Now, though, officials in the Idaho secretary of state's office say they have no choice because Pro-Life is his full and only name. He says he will run for the highest state office on the ballot every two years for the rest of his life, advocating murder charges for doctors who perform abortions and for women who obtain the procedure."
Posted by Kyle at 11:22 AM | Permalink
March 6, 2008
Obama: Fronting for Racists
Clenard Childress Jr., founder of Black Genocide.Org, says Barack Obama is serving as a front-man for a racist Planned Parenthood strategy to destroy African Americans: "No other ethnic group in the United States has been decimated more by abortion than the Afro-American community. The war being waged upon innocent captives in the womb is led by Planned Parenthood. The strategy?Convince the targeted community to accept their eugenic racist plan by selecting one from their ethnicity to promote it."
Posted by Kyle at 2:17 PM | Permalink
February 29, 2008
Huckabee Hears a Who
Mike Huckabee endorsed the Colorado egg-as-person amendment, as that effort seeks to capitalize on upcoming Dr. Seuss film. More on that amendment here.
Posted by Ezra at 2:46 PM | Permalink
February 26, 2008
Why Can't Janet Spell?
Mike Huckabee supporter Janet Folger's "RoeGone" front group, apparently unaware of how to spell "McCain," unveils new ads targeting “John McCaine.”
Posted by Kyle at 12:27 PM | Permalink
February 21, 2008
Even Liberty U. Turned off by Clinic Videotaping
Borrowing a page from the Minutemen, anti-abortion protesters in Lynchburg, Virginia are videotaping women at a reproductive health clinic, with the intention of turning them in:
Planned Parenthood, which has centers in Lynchburg, Charlottesville, Roanoke and Blacksburg, called the behavior “intimidating and harassing.” …
“Our signs have a clear message that we’re not using violent means (to express our opinions). We’re opposed to violence,” organizer Kevin Giedd said, referencing the small placards held by participants that read “Pray to End Abortion.” …
At the start of the 40 days, Giedd notified both Planned Parenthood and the Lynchburg Police Department of his plans. He in turn received from the police a copy of the city’s demonstration laws. None of those rules specifically prohibit the videotaping of people, he noted.
Giedd, the most frequent face at the vigil post near the corner of Langhorne and Tate Springs roads, acknowledged he had been videotaping people visiting the center. He had specifically focused on those driving cars with Liberty University stickers, he said, with the intention of turning the tapes over to the school for further investigation.
According to the report from the Lynchburg News & Advance, local police seemed unsure whether Giedd’s vigilante tactics were legal. Interestingly, although the protest is part of the national “40 Days for Life” anti-abortion campaign, the Lynchburg clinic does not provide abortions—only services such as birth control and treatment for STDs.
And although Giedd stated that his intentions were to turn over the tapes to his alma mater, Liberty University—the fundamentalist school with a strict code of behavior that was founded by the late Jerry Falwell—even the college felt he was stepping over the line:
LU administrators said they were unaware of Giedd’s actions and would not look into any tapes that were submitted.
“We have no interest in pursuing some tape dropped into our mail or plopped in our laps of a LU car at Planned Parenthood,” said Barry N. Moore, the vice president of university relations. “We don’t have any interest in tracking down license plates or anything else from things like this.”
Although the violent clinic blockades of the 1980s and 1990s fell out of style after the murders of several abortion providers, the most aggressive anti-abortion activists have hardly given up. Giedd’s “outing” tactics are reminiscent of the efforts by former Kansas Attorney General Phill Kline to obtain the medical records of women who visited one clinic. Kline’s obsession resulted in voters turning him out of office, although he continues his efforts as a Johnson County prosecutor.
Posted by Ezra at 4:51 PM | Permalink
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