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Healthcare Prof:

~ “FRC Submits Comments to HHS on Conscience Protection,” Family Research Council Blog: In a blog entry, the Family Research Council released comments it submitted to HHS on the proposed federal regulation that would allow wellness care providers who receive federal grants to opt out of care they object to based on moral or religious grounds. The entry includes a summary of FRC’s comments, which states that the “reasonable, subjective religious or moral conviction of the individual or institutional health care provider should govern” and that “recognizing a right of conscience does not discriminate against ladies or violate concepts mandated in Roe v. Wade.” The organization also calls on HHS to adopt a “fertilization-based definition of pregnancy” and “reject the implantation-based definition in HHS’s human-subject regulations” (Family Research Council Blog, 10/4).

~ “Where is Palin on Women’s Well being Issues?” Deborah Kotz, On Women, U.S. News and World Report: Kotz writes that during the vice presidential debate last week, she “kept waiting for this question that never came,” which is if the Republican ticket of Sen. John McCain (Ariz.) and Alaska Gov. Sarah Palin would “make efforts to limit a women’s access to abortion and emergency contraception.” Kotz says that the public already has heard from Palin about her views on abortion and emergency contraception, but she wants to “know more about any plans to implement these personal views.” Kotz writes that she is “still uncertain” whether Palin believes abortion should be illegal or not, even after Katie Couric of CBS News interviewed the candidate. Kotz adds, “where does [Palin] stand on the proposed government rule that could limit your access to contraception and infertility services? … She says she believes there’s an inherent right to privacy in the Constitution, a right that was first upheld when the Supreme Court ruled in 1965 that states couldn’t ban contraceptives. … But, I’m not sure how her libertarian views jibe with her abhorrence of anything — be it [intrauterine devices] or [EC] — that would cause the destruction of a fertilized egg” (Kotz, “On Girls,” U.S. News and World Report, 10/3).

~ “On Those Supposed Rape Exceptions,” Feministe: A Feministe blog entry says that the rape exceptions included in Initiated Measure 11, the proposed abortion ban in South Dakota, are not only “absolutely cruel to women,” but they “attempt to reframe revoking a woman’s choice to not report her rape as also empowering to her.” The entry says that rape exception “shift[s] the burden of reporting from the victim to the doctor” and does not “eas[e]” the burden on the survivor because she still would have to file a police report. The “overall chances of re-traumatizing a victim are hugely increased when the state demands her to unwillingly undergo the process of reporting her rape in order to gain the privilege of aborting her rapist’s fetus,” the entry says. In addition, the argument made by some supporters with the initiative that rapists use abortion to cover their crimes suggests that the survivors “themselves are seeking out the abortions and thereby covering up their own rapes,” which can be a “repulsive way to frame such a situation,” based on the blog (Feministe, 10/7).

Reprinted with type permission from http://www.nationalpartnership.org. It is possible to view the whole Daily Women’s Health Policy Report, search the archives, or sign up for e-mail delivery here. The Daily Women’s Wellness Policy Report can be a free service of the National Partnership for Females & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

The antiabortion group West Virginians for Life last week filed a legal objection in federal court that seeks to have the state’s new political advertising law ruled unconstitutional on the grounds that it prevents the group from promoting its position to potential voters, the Charleston Gazette reports. The group is asking U.S. District Judge Thomas Johnston to grant an injunction preventing election officials from enforcing the new laws, which went into effect Oct. 1.

Shirley Stanton, the group’s president, said that the new laws wrongly define the group’s efforts as “express advocacy,” or overt support or disapproval of a specific candidate. “We are an issue advocacy group, and if we say vote pro-life, that’s our issue,” Stanton said that the group should be allowed to circulate petitions, send mass mailings and air radio ads that describe an official’s or candidate’s position. In accordance with the Gazette, a provision in the new law also demands third-party groups to disclose their funding sources if they run political ads referring to a specific candidate within 60 days of an election. This includes all media except leaflets, fliers and outdoor ads that are not billboards.

James Bopp, an Indiana lawyer who is representing West Virginians for Life, said that the new law’s disclosure requirements are unconstitutional and limit the organization’s right to cost-free speech, adding that the group is afraid to run ads publicizing a ruling written by former state Supreme Court Justice Margaret Workman (D) — who is running for one of two seats on the court — that required the state to fund abortions for Medicaid recipients.

Anthony Majestro, an lawyer representing Workman, said that it is improper for West Virginians for Life to file the objection ahead of the election and that he plans to ask the judge to postpone ruling on the issue until after the election. Majestro said, “Litigation over these disclosure rules has been ongoing since before the primary, along with the case has received substantial publicity, both locally and nationally,” adding, “We believe [West Virginians for Life's] aim is to rush the federal court into enjoining the provisions of West Virginia law with out giving the state and candidates an adequate opportunity to defend the provisions.” Bopp said he filed the lawsuit last week because the organization did not have legal standing until it was “harmed by having its totally free speech curtailed.”

The Gazette reports that a hearing is set for Oct. 8 (Clevenger, Charleston Gazette, 10/4).

Reprinted with type permission from http://www.nationalpartnership.org. It is possible to view the entire Daily Women’s Health Policy Report, search the archives, or sign up for email delivery here. The Every day Women’s Wellness Policy Report is actually a free of charge service of the National Partnership for Females & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

In an opinion piece, Salon columnist Lynn Harris says that a proposal to ban abortion in South Dakota is back in “sheep’s clothing” on the November ballot. According to Harris, polls showed the primary “liability” of a 2006 proposal to ban abortion, which was defeated by a 55% to 44% margin, was that it contained “virtually no exceptions.” According to Harris, Leslie Unruh of VoteYesForLife.com, the group supporting the ban, calls the revised ballot measure “more moderate, more reasonable, more of a middle ground.”

However, Harris claims that proponents of the 2008 ban, titled Initiated Measure 11, added “convoluted exceptions for rape, incest and, when there is actually a full moon and Mount Rushmore spouts Strawberry Quik, the well being or life of the woman.” She says proponents of the ban are “aiming to get the job done” and ban abortion entirely. Harris points to comments made by Marvin Buehner — a Rapid City, S.D., physician who specializes in high-risk pregnancies — reported by the Washington Post that the law would “amount to a total ban” due to the fact the risk for doctors to be penalized for violating it would be too high. Buehner also said, “If there’s a risk of a Class 4 felony if I don’t meet the ambiguous standard of ‘serious risk of substantial and irreversible impairment of a significant bodily organ or system,’ there’s no way I would consider doing an abortion for well being reasons. This represents incredible government interference in the practice of medicine.”

Harris writes, “If passed on Nov. 4, this supremely unconstitutional ban would likely be enjoined immediately. That’s no salve. We don’t want this perpetration anywhere near the books — or, more towards the point, the Supreme Court” (Harris, Salon, 10/8).

Reprinted with kind permission from http://www.nationalpartnership.org. You are able to view the whole Day-to-day Women’s Wellness Policy Report, search the archives, or sign up for e-mail delivery here. The Day-to-day Women’s Health Policy Report is really a free service with the National Partnership for Women & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

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Healthcare Prof:

The European Court of Human Rights, which rules on cases in which applicants feel they cannot receive adequate legal redress in their home countries, is considering whether to take up an Irish case that would determine whether a woman within the country has a right to an abortion to preserve her well being, the Wall Street Journal reports. According to the Journal, the court for years “has essentially turned a blind eye to Ireland’s abortion laws, considered among the most restrictive in Europe,” and some observers are concerned that “it may avoid the issue, as it has within the past.”

The court, which includes one justice from each of the 47 nations that signed the European Convention of Human Rights, was created to “uphold rights to life, privacy, freedom of speech, religion along with the like,” the Journal reports. The current case, A.B. and C. v. Ireland, was brought by three Irish girls who received abortions in England and experienced medical complications when they returned to Ireland, which has a constitutional ban on abortion stating that the right to life of the fetus is equal to that of the mother. The Irish Supreme Court in 1992 ruled that abortion is legal to save a woman’s life, but no laws were made to define when abortion would be considered necessary.

The ladies argue that they had been uncomfortable seeking medical treatment both ahead of and following the procedure because of Ireland’s laws, including a 1995 statute that applies criminal penalties to anyone providing information or assistance that promotes abortion. The females also say that Irish laws prohibiting abortion except in cases to save the life of a pregnant woman infringed on their rights to life, privacy and freedom from discrimination.

The Court of Human Rights previously has refused to rule on whether a fetus is protected in cases brought by residents of other countries, and it declined to hear an earlier challenge to Ireland’s law. Critics have said the court’s avoidance of such issues “helps perpetuate an inequitable patchwork of rules across the region,” in accordance with the Journal. Forty-three of the 47 countries governed by the court allow abortion to preserve a woman’s well being, but the other four have strict abortion bans. Observers have noted that a woman could die from pregnancy-related complications in one country, while another state would have protected her life. In addition, since applicants must exhaust all legal options in their own country just before appealing towards the European court, “the Catch-22″ is “how to exhaust those remedies amid vague or conflicting laws just before a dangerous due date arrives — or it becomes too late to abort,” the Journal reports.

Richard Kay of the University of Connecticut School of Law said that the court in a landmark 2004 case noted that there is no European consensus on when life begins. Kay said the consensus can be a critical issue for the court since it has no binding authority, member states rarely resist its decisions and enforcement is political rather than legal. Kay added that the court could rule on Irish abortion laws and that even if the government disagreed, it would comply.

Siobhan Mullally, senior lecturer at the University College Cork Faculty of Law, said that by declining to hear certain cases, the court can evade ruling on the most pertinent questions concerning abortion. “So far the court has been very cautious,” Mullally said. However, Aurora Plomer, an expert in bioethics at the University of Sheffield School of Law, said the court’s charter states that it “is intended to guarantee not rights that are theoretical or illusory but rights that are practical and effective” (Park, Wall Street Journal, 10/9).

Reprinted with kind permission from http://www.nationalpartnership.org. It is possible to view the entire Every day Women’s Health Policy Report, search the archives, or sign up for email delivery here. The Daily Women’s Wellness Policy Report is a free service with the National Partnership for Females & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

The Ohio Supreme Court on Tuesday heard arguments in a lawsuit seeking the release of ten years of medical records from a Planned Parenthood clinic where a teen had an abortion in 2004 the AP/Google.com reports. The suit has been filed by the parents of the 14 year old girl, who allegedly obtained an abortion without having parental consent after being impregnated by a 21 year old. Court records indicate that the girl had given the cell phone number with the 21 year old as her parental contact and that the clinic staff thought they had reached the father when they called inquiring about parental consent. At the time, the state’s parental consent law — which demands an unmarried minor to obtain the consent of at least one parent just before undergoing an abortion — “had not been completely settled by the courts,” AP/Google.com reports.

Lawyers for the girl’s parents are arguing that the records from the Cincinnati clinic operated by Planned Parenthood Southwest Ohio Region are necessary to prove that the clinic had a pattern of violating Ohio’s parental consent law and failed to report suspected abuse or inform the girl of risks or alternatives to abortion. An appeals court last year ruled that records on other patients had been not necessary for the family’s lawsuit.

In Tuesday’s hearing, Charles Miller, an lawyer for the parents, said they are requesting three facts about other minors treated at the clinic: the girls’ ages, whether any had a sexually transmitted infection and whether they entered the clinic pregnant. He added that about 200 cases a year would be involved.

Chief Justice Thomas Moyer questioned how the three details requested from the records would further the family’s case. Justice Paul Pfeifer wondered what value the information would have since the records do not include the ages of the men involved, noting that Ohio law does not require a girl or her parents to provide the identity of the father to clinic employees. Brian Hurley, also an lawyer for the family, said abortion clinics should be expected to ask underage girls to identify the father, adding that by failing to do so, they are evading a responsibility to identify potential statutory rape.

PPSOR attorney Daniel Buckley said that the clinic is legally obligated to protect the privacy of its clients’ records and that the family is seeking unprecedented access to medical records of third parties that will be of little use in the case. Buckley said the family already has access to all the information it needs to argue its case on behalf of the girl, including her own medical records, as well as statements from a nurse, physicians and social worker. Buckley added that PPSOR denies underreporting or ignoring cases of abuse.

According to AP/Google.com, the family is backed by abortion-rights opponents, including former National Right to Life Committee President Jack Willke, Citizens for Community Values and some Republicans members of Ohio’s congressional delegation. The American Medical Association and a dozen associations representing violence victims, obstetricians, gynecologists, pediatricians, psychologists and other medical professionals are opposing the release of the records.

The court did not indicate when it would rule (Carr Smyth, AP/Google.com, 10/7).

Reprinted with kind permission from http://www.nationalpartnership.org. It is possible to view the whole Daily Women’s Well being Policy Report, search the archives, or sign up for e-mail delivery here. The Daily Women’s Well being Policy Report is actually a free of charge service of the National Partnership for Females & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

On Tuesday at a rally, Colorado Gov. Bill Ritter (D), who opposes abortion rights, voiced his opposition towards the state’s Amendment 48 — a November ballot initiative that would define a fertilized egg as a person inside the state constitution — the Denver Post reports (Hoover, Denver Post, 10/7). About 50 people joined Ritter at the rally to oppose the measure, including physicians, nurses and Jean Dubofsky, a former member of the Colorado Supreme Court (Wyatt, AP/Washington Examiner, 10/8).

The measure would amend the state constitution to define “any human being from the moment of fertilization” as a “person” for purposes with the state’s constitutional provisions “relating to inalienable rights, equality of justice and due process of law” (Daily Women’s Health Policy Report, 7/15). The measure “goes too far,” Ritter said, adding, “It threatens medical care, and it would create a legal nightmare in our state.” Physicians attending the rally supported Ritter’s claims about the measure by saying it could prevent them from removing a fertilized egg imbedded in a woman’s fallopian tube to avoid an ectopic pregnancy, which can lead to death or other complications, the Post reports.

Ritter said, “In spite with the fact that I’m pro-life, I can look at this and really find reasons I think it is just such an extreme position to take,” adding, “My understanding is that there are things about calling a fertilized egg a person that do not square with the church doctrine.” Tom Hooyman, professor of medical ethics at Regis University, said that although it is debatable whether the measure would be good public policy, the “official Roman Catholic Church teaching” is that “at the moment of fertilization … that’s a person and needs to be protected as a newborn.” The Post reports that the Catholic Church is not supporting the amendment but not actively opposing it either. A statement from Colorado’s three Catholic bishops said that the measure likely would be struck down by the courts and does not “provide a realistic opportunity for ending or even reducing abortions in Colorado.”

Kristi Burton, sponsor of the measure, said Ritter’s position “directly contradicts the overwhelming modern scientific evidence that now recognizes what we know in our hearts, from the moment of conception, a unique individual has been created” (Denver Post, 10/8).

Reprinted with type permission from http://www.nationalpartnership.org. You’ll be able to view the entire Day-to-day Women’s Wellness Policy Report, search the archives, or sign up for e-mail delivery here. The Everyday Women’s Well being Policy Report is actually a cost-free service with the National Partnership for Women & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

5 (1 votes)

The recent announcement by the Bush administration that U.S.-financed contraceptive supplies no longer can be distributed by six African countries through the British aid organization Marie Stopes International is the “latest bout of reproductive health madness,” in accordance with New York Times columnist Nicholas Kristof. He argues that the policy choice by USAID has created the “paradox of a ‘pro-life’ administration adopting a policy” that will result in “tens of thousands of additional abortions each year — along with more females dying in childbirth.”

According to Kristof, the Bush administration cut off the contraceptives to Marie Stopes due to the fact of the group’s work with the United Nations Population Fund in China. Although China’s one-child policy sometimes includes forced abortions, UNFPA has been the “most powerful force in moderating China’s policy, and a State Department team itself found no evidence of any U.N. involvement in the coercion.”

Proponents with the Bush administration’s policy are “not misogynists” and are “honestly outraged by forced abortions in China,” Kristof writes, adding, “But why take it out on the most impoverished and voiceless people on Earth?” Dana Hovig, CEO of Marie Stopes, said that the choice to cut off contraceptives towards the group “will result in deaths to ladies who just want to space their births,” and that at least 157,000 additional unintended pregnancies will occur annually, with 660 females dying in childbirth and 62,000 additional pregnancies ending in abortion. Kent Hill, an official with USAID, said there will not be an increase in pregnancies as a result of the cut to Marie Stopes since contraceptives will be routed to other aid groups in Africa.

This program “will work to some degree in big cities,” Kristof writes, “But it’s a fantasy in rural Africa” due to the fact in many rural areas, the Marie Stopes clinics are the only source of family planning, Kristof writes. Women in certain parts of Africa now have a one-in-10 risk of dying in childbirth, Kristof writes, concluding, “The idea that U.S. policy may increase that toll is infuriating” (Kristof, New York Times, 10/9).

Reprinted with kind permission from http://www.nationalpartnership.org. It is possible to view the whole Day-to-day Women’s Well being Policy Report, search the archives, or sign up for email delivery here. The Day-to-day Women’s Well being Policy Report is actually a free of charge service of the National Partnership for Women & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.

Healthcare Prof:

The “sleeper issue” with the presidential campaign is the potential for Supreme Court nominations under the next president, who “could have a tremendous impact on the Court well into this century with even one nomination,” Wendy Long, counsel towards the Judicial Confirmation Network, writes in a Washington Times opinion piece. Based on Long, the present Court “is significantly to the left of the American public and persistently fails to uphold the Constitution,” adding that the Court does this through “‘judicial activism’” by producing decisions “based on the personal views of usually-the-same-five justices” — Justices John Paul Stevens, Ruth Bader Ginsburg, Stephen Breyer and David Hackett Souter. She adds that “Roe v. Wade is classic example of this lawlessness” because “the Court snatched from ‘We the People’ the ability to govern ourselves by deciding abortion policy — a subject the Constitution doesn’t address.” Long writes that since of several factors — “the current make-up with the Court, the advanced age of so many justices, as well as the unprecedented politicization with the judiciary” — Republican presidential nominee Sen. John McCain (Ariz.) and Democratic presidential nominee Sen. Barack Obama (Ill.) “may have a greater impact on the Supreme Court, and hence its future ruling, than any president in our history.” She concludes that voters must “elect a president whose judgment and criteria will be brought to bear on that task” (Long, Washington Times, 10/10).

Reprinted with kind permission from http://www.nationalpartnership.org. You are able to view the entire Day-to-day Women’s Health Policy Report, search the archives, or sign up for e-mail delivery here. The Everyday Women’s Wellness Policy Report can be a free service of the National Partnership for Girls & Families, published by The Advisory Board Company.

? 2008 The Advisory Board Company. All rights reserved.