Tag: Planned Parenthood

New Trump Administration Rule Will Force Doctors to Stop Saying “Abortion”

The Trump administration is planning to instate a rule that will bar recipients of federal family planning funding from educating women about abortion options, making referrals to doctors that provide abortions, or providing abortion care. Conservatives have cheered the move as a way for the federal government to partially “defund” Planned Parenthood without requiring an act of Congress.

Reproductive-rights advocates are calling the policy a “domestic gag rule”—a U.S.-based version of the global gag rule that prevents U.S. aid dollars from going to any international organization that so much as acknowledges the existence of abortion. Every Republican president has instated the global gag rule since Ronald Reagan first implemented it; every Democratic president has rolled it back.

The domestic gag rule started with Reagan, too, in 1988. It affects money affiliated with Title X, the federal family planning grant program launched under Richard Nixon that provides subsidized contraception, gynecological care, and screenings for cancer and sexually transmitted infections. In 2016, the program served more than 4 million patients, about two-thirds of whom were living at or below the poverty line. Planned Parenthood is a disproportionately important player in the Title X ecosystem: Its health centers make up just 13 percent of Title X family planning providers in the U.S., but they serve 41 percent of all Title X patients.

Title X money is already barred from funding abortion care; grant recipients that provide abortions keep the money separate in their accounting. But the domestic gag rule would additionally require Planned Parenthood clinics and other abortion providers to enforce a physical separation between its Title X–funded services and its abortion work, with separate staff dedicated to each. Doctors providing family planning care to Title X patients would not be able to discuss abortion at all.

When Reagan first instituted the rule, Planned Parenthood and other reproductive-rights organizations immediately sued the federal government, claiming the rule violated caregivers’ rights to free speech and women’s rights to a constitutionally protected medical procedure. “The regulations will…censor communications between doctors and other health professionals and their patients on matters of vital medical significance,” read a complaint Planned Parenthood filed against then–Health and Human Services Secretary Otis Bowen. “The failure to provide complete information about pregnancy management at the earliest possible point in the pregnancy, and the failure to make necessary or appropriate referrals as early as possible, will often result in delays in, or failure of, a patient to obtain proper care.”

A federal court granted a preliminary injunction, but the Supreme Court allowed the rule to go into effect in 1991. In a 5–4 vote in Rust v. Sullivan, the court held that the rule did not constitute censorship. “This is not a case of the government ‘suppressing a dangerous idea,’ but of a prohibition on a project grantee or its employees from engaging in activities outside of its scope,” the opinion read. “The regulations do not violate the First Amendment free speech rights…since the government may make a value judgment favoring childbirth over abortion, and implement that judgment by the allocation of public funds. In so doing, the government has not discriminated on the basis of viewpoint; it has merely chosen to fund one activity to the exclusion of another.” The opinion also noted that “the government has no constitutional duty to subsidize an activity merely because it is constitutionally protected.”

[Slate]

With Vice President Pence breaking tie, Senate passes anti-Planned Parenthood bill

Vice President Pence cast a tie-breaking Senate vote Thursday to pass legislation that will allow states to withhold federal funds from Planned Parenthood and other health care providers that perform abortions.

The measure, which now goes to President Trump for his signature, dismisses an Obama-era rule banning states from denying federal funds to such organizations.

Pence’s vote was needed to break a 50-50 tie. Republicans Susan Collins of Maine and Lisa Murkowski of Alaska broke with their party, voting against the measure.

Republicans have said the Obama rule should be overturned to allow states the right to steer funds away from abortion providers, if they choose.

Sen. Joni Ernst, R-Iowa, said the measure reverses a rule that “attempted to empower federal bureaucrats in Washington and silence our states.”

Democrats condemned the measure throughout the day, with Senate Minority Leader Chuck Schumer of New York calling it “another example of the Republican war on women.”

“It would let states treat women as second-class citizens who don’t deserve the same access to health care as men,” he said.

The House in February had voted 230-188 largely along party lines to reject the rule under the Congressional Review Act, which allows Congress to overturn recently enacted regulations.

The rule prohibits states from withholding family-planning funding from providers for reasons other than their ability to offer family-planning services. It took effect Jan. 18, two days before President Obama left office.

Since 2011, 13 states have restricted access to such grants, disrupting or reducing services in several instances.

[USA Today]

Trump administration rescinds Obama guidance on defunding Planned Parenthood

The Trump administration announced Friday it is rescinding guidance from the Obama administration that made it harder for states to defund Planned Parenthood.

The guidance, issued in 2016, warned states that ending Medicaid funding for Planned Parenthood or other health-care providers that offer abortions could be against federal law.

The Obama administration argued Medicaid law only allowed states to bar providers from the program if those providers were unable to perform covered services or if they can’t bill for those services.

However, the Trump administration rescinded that guidance Friday in a letter to state Medicaid directors, arguing it was part of the Obama administration’s effort to favor abortion rights.

“Reinstating the pre-2016 standards frees up states to once again decide for themselves what reasonable standards they use to protect Medicaid programs and their beneficiaries,” Charmaine Yoest, assistant Health and Human Services secretary for public affairs, said in a press call with reporters Friday morning.

“This is part of the Trump administration’s effort to roll back regulations the Obama administration put out to radically favor abortion.”

Anti-abortion groups cheered the announcement Friday as another step toward defunding Planned Parenthood.

“President Trump and his administration have taken … an important step toward getting American taxpayers out of funding the abortion industry, especially Planned Parenthood,” said Marjorie Dannenfelser, president of the Susan B. Anthony List, an anti-abortion group in Washington, D.C.

She urged Congress to “finish what this pro-life administration has started” by defunding Planned Parenthood.

States such as Texas have tried to ban Planned Parenthood from its Medicaid programs but were blocked by the Obama administration.

While rescinding the guidance won’t automatically allow states to ban Planned Parenthood from their Medicaid programs, it signals that the administration supports such efforts.

Texas submitted a request to the Trump administration last year requesting permission to bar Planned Parenthood from its Medicaid program, but the administration has not yet responded.

Approval from the administration would likely spark similar efforts in other conservatives states but also would encourage legal challenges.

Planned Parenthood on Friday said rescinding the guidance would effectively encouraging states to block the organization from state Medicaid programs.

“They couldn’t get the votes to pass it in Congress, so now they are pushing states to try and block care at Planned Parenthood,” said Dawn Laguens, executive vice president for Planned Parenthood Action Fund.

“Without Planned Parenthood, many of our patients would lose access to health care altogether — either because there are no other providers in their community or because other clinics cannot serve all of our patients.”

he administration has already taken several actions in President Trump’s first year in office supporting its anti-abortion stance.

In April, Trump signed legislation that nullified an Obama-era rule that effectively barred state and local governments from withholding federal funding for family planning services to groups that provide abortions.

The announcement on Friday comes the same day as the March for Life, an annual march against abortion in Washington, D.C.

Trump is set to speak at the march live via video, the first president to do so.

Also set to speak at the event are House Speaker Paul Ryan (R-Wis.) and GOP Reps. Jaime Herrera Beutler (Wash.) and Chris Smith (N.J.)

[The Hill]

Trump Toughens Anti-Women’s Health Stance

Donald Trump has recruited the influential anti-abortion leader Marjorie Dannenfelser to lead his campaign’s national “Pro-Life Coalition.”

Not only that, but Trump has made a new policy promise that strengthens his anti-abortion position.

In a letter to anti-abortion leaders inviting them to join his coalition, Trump commits to a new policy: “Making the Hyde Amendment permanent law to protect taxpayers from having to pay for abortions.”It’s unusual for a Republican presidential nominee to move further to the right on abortion this late in an election cycle. And the move is a direct shot at Democratic nominee Hillary Clinton, whose party wrote into its platform that it would repeal the Hyde Amendment. Until this summer, the Democratic platform did not include this plank.

A longstanding policy, the Hyde Amendment bans the use of federal funds to pay for abortions for Medicaid recipients except in cases of rape, incest or when pregnancy endangers the life of the mother.

Trump’s commitment to making Hyde permanent law is new, though his running mate, Mike Pence, brought up the policy at an evangelical conference over the weekend.

In the letter, released by Dannenfelser’s Susan B. Anthony List, Trump also endorses the anti-abortion movement’s two biggest legislative priorities: defunding Planned Parenthood and passing a national ban on abortions after 20 weeks.

The late-term abortion ban, known as the Pain-Capable Unborn Child Protection Act, has long been one of Dannenfelser’s top priorities. Support for the bill has been the key litmus test for GOP candidates seeking endorsements from the Susan B. Anthony List for several election seasons.

The House approved the bill this year, though the initial vote had been abruptly cancelled after some Republicans voiced concerns about a restriction on abortion for rape victims who haven’t reported the crime to the police.

Legal experts have raised questions about whether a national 20-week ban would stand up in court, but Republicans say it is part of their long game to force the issue to reverse the landmark 1973 decision in Roe v. Wade.

Trump also committed to defunding Planned Parenthood, legalizing the actions of several GOP-led states over the last year. Most of those state actions have been blocked in courts.

Trump additionally doubled down on his promise to appoint “pro-life” justices to the Supreme Court.

“Hillary Clinton’s unwavering commitment to advancing taxpayer-funded abortion on-demand stands in stark contrast to the commitments I’ve made,” Trump writes, “to advance the rights of unborn children and their mothers when elected president.”

Leaders of the anti-abortion movement were hardly quick to embrace Trump, who told an interviewer in 1999 that he supported partial-birth abortion.

But as the prospect of Clinton — a career-long advocate for abortion rights — becoming president came into focus, many anti-abortion activists sided with Trump.
Still, Trump tested their patience when he said that women should be punished for abortions if the procedure were made illegal.
Those remarks in April, which he later walked back, ignored decades of conservative doctrine on abortion, which some leaders of the movement said proved that Trump was out-of-touch with their beliefs. He arranged meetings with anti-abortion leaders, including Dannenfelser, shortly after facing the backlash.

And selecting Pence as his running mate, a trusted ally of Dannenfelser and other leaders, helped Trump immeasurably with the anti-abortion movement.
Co-chairs of the Pro-life Coalition will be announced later this month, according to SBA List’s statement. Coalition members will be asked to write op-eds, speak on Trump’s behalf on television and at public events, and recruit volunteers.

“Not only has Mr. Trump doubled down on his three existing commitments to the pro-life movement, he has gone a step further in pledging to protect the Hyde Amendment and the conscience rights of millions of pro-life taxpayers,” Dannenfelser said.

“For a candidate to make additional commitments during a general election is almost unheard of.”

Reality

Hyde Amendment means that American women — many of them women of color — who cannot afford health insurance are effectively prevented from availing themselves of a legal medical procedure that is their right and that is fundamental to their ability to exert autonomy over their reproductive lives and thus their economic and familial futures. Yes. Hillary Clinton opposes the Hyde Amendment, because it is one of the policies that exacerbates economic and racial inequality in this country.

If Donald Trump is elected president, it will likely be with a Republican congress and Supreme Court seats to fill. He could do every single one of the things he’s promising anti-abortion activists he will do. And those things would return women, in a very real way — in a way that is already happening in state and local jurisdictions around the country — to their secondary status: unable to exert full control over their bodies; barred from making choices about whether or when to bear children based on their health, their economic, or familial status, or the condition of the fetuses they carry.

Abortions accounted for 3 percent of the nearly 10.6 million total services provided by Planned Parenthood clinics in 2013, according to its annual report.