Texas

The Cruel Irony Of The Anti-Choice Movement’s TRAP Strategy

The Supreme Court heard arguments today in Whole Woman’s Health v. Hellerstedt, which could be the most influential abortion rights case in decades. Whole Woman’s Health, which addresses a Texas law that aims to close abortion clinics by saddling them with expensive and unnecessary regulations, puts to the test the anti-choice movement’s long-term strategy of passing targeted regulation of abortion providers (TRAP) laws meant to squeeze abortion providers out of existence.

As early as 1990, attorney Walter Dellinger, who went on to serve in the Clinton administration, was warning that the emerging strategy of setting up obstacles to abortion access would push women to obtain abortions later in their pregnancies, a more expensive and less safe procedure. These supposed “compromise” measures, he noted, were at the same time sometimes coupled with calls to cut off legal abortion during the second trimester of pregnancy. Dellinger wrote in The American Prospect:

To enact in the United States laws that simply prohibit abortions after twelve or eighteen weeks would constitute a strange and cruel response to the issue of late abortions. In this country, legislative deadlines for abortion would co-exist with access regulations designed to prevent women from being able to meet the deadline. No state truly concerned about either the increased maternal health risks or the moral implications of late abortions should consider the coercive step of prohibiting second trimester abortions while simultaneously pursuing policies that cause abortion to be delayed. … Bans on funding for abortions, shutting off access to public hospitals, parental consent/ judicial bypass laws, and testing requirements all fall into this category. Legislators who are troubled in principle by late abortions should support instead measures ensuring that every woman who wants to terminate a pregnancy can do so as early and as safely as possible.

Fast forward to late last year, when a study showed that exactly that had happened after Texas implemented its restrictive new law:

A new report released by the Texas Policy Evaluation Project — a research group based at the University of Texas at Austin that’s been tracking the state’s reproductive health policy over the past four years — finds that recent clinic shutdowns have greatly limited access to timely abortions statewide. In some cases, women had to wait nearly a month to be seen. In others, clinics had to turn women away, since they had no available appointment slots open.

As wait time to get an abortion increases, the estimated proportion of abortions performed in the second trimester increases. These later surgical abortions, although safe, are associated with a higher risk of complications and are significantly more costly to women than an earlier medical abortion. And even staunch abortion opponents are more opposed to late-term abortions compared to earlier procedures, citing the scientifically disputed theory that fetuses can feel pain after 20 weeks gestation.

At today’s arguments in Whole Women’s health, Justice Anthony Kennedy hinted at this issue, according to the Wall Street Journal’s early reports:

Justice Kennedy ends the string of questions from the women justices.

He notes that drug-induced abortions are up nationwide, but down in Texas, where the number of surgical abortions is up since the state enacted its law. He wondered whether such an impact was “medically wise.”

Justice Ruth Bader Ginsburg similarly called out Texas’ solicitor general for undermining his own claim that the state’s regulations were meant to protect women’s health:

Justice Ginsburg asks: How many women will be located more than 100 miles from a clinic? Mr. Keller makes reference to a 25% number, but says that number is high because it doesn’t take into account some women close to clinics in New Mexico.

That’s odd, Justice Ginsburg says. She wonders why Texas would consider those New Mexico clinics an option, given that they wouldn’t meet the standards set forth in the state law. If your argument is right, New Mexico is “not a way out” for Texas, the justice tells Mr. Keller.

Even as the anti-choice movement is pushing restrictive regulations that, as the Texas study showed, drive women to seek abortions later in their pregnancy, it is championing measures at the state and federal level that would cut off legal abortion at 20 weeks of pregnancy, partway through the second trimester.

Of course, the anti-choice movement is focusing on these two strategies because they believe they can pass muster in the courts and in public opinion in a way that the ultimate goal — an outright ban on abortion — would not. But what is left is not a regime that protects women’s health, as proponents of Texas’ law claim, but one that makes it increasingly difficult, if not impossible, for women to obtain an abortion, which has been their ultimate goal all along.

 

PFAW

Fifth Circuit Ruling on Texas Voter ID Shows Importance of Preclearance

Texas's voter ID law failed preclearance in 2012 but was implemented anyway after the Shelby County ruling. Today the 5th Circuit ruled it violates the VRA.
PFAW

Fifth Circuit Upholds Extreme Abortion Restrictions in Texas

On Tuesday the Fifth Circuit federal appeals court upheld most of Texas’ stringent anti-abortion law, which could leave as few as seven clinics open in the nation’s second largest state. The U.S. Supreme Court temporarily blocked these restrictions in October; however, the Fifth Circuit’s ruling allows the law to stand, ushering in a likely wave of clinic closings for the Lone Star State.

The Associated Press explains how the law works:

 The decision by the 5th U.S. Circuit Court of Appeals allows Texas to enforce Republican-backed restrictions that require abortion clinics to meet hospital-level operating standards, a checklist that includes rules on minimum room sizes, staffing levels and air ventilation systems.

This decision represents an endorsement of a long series of right-wing initiatives to chip away at the rights protected by Roe v. Wade. By pushing unnecessary laws targeting abortion facilities, the Right can mandate costly renovations that create a needless economic strain on clinics. For example, the Texas law requires abortion clinics to abide by the same standards as hospital surgical centers, despite the fact that many clinics solely provide medical abortions, which do not involve surgery. The Supreme Court has said that states may not pass laws with the purpose or effect of placing a substantial obstacle in the path of a woman seeking an abortion. But the court yesterday turned a blind eye to the obvious in order to further the Right’s anti-choice agenda.

A panel of three judges, all appointed by George W. Bush, delivered the decision, which will force facilities across the state to shut their doors and leave women hundreds of miles away from a licensed abortion provider. Verdicts from the ultra-conservative Fifth Circuit bench, like the decision in October letting Texas enforce strict voter ID laws, highlight the importance of who sits on our nation’s courts.  Although Fifth Circuit has two longstanding vacancies, Republican obstruction has prevented the filling of these seats. Tuesday’s decision further exemplifies the critical need for fair and just courts, particularly as right-wing legislators continue their relentless attack on the rights established by Roe.

PFAW

Cornyn and Cruz Are Devastating Texas Courts

Waiting 15 months after learning of a planned vacancy before even beginning the process to fill it is hardly a sign of deep commitment to the federal courts in Texas.
PFAW

Cornyn and Cruz Haven't Helped Their Own Judicial Nominee

Nearly three months after unanimous committee approval, a Texas nominee still has not gotten a confirmation vote.
PFAW

McConnell Should Let Senate Confirm Judges

There is no reason to keep delaying judicial confirmation votes, especially when Texas in particular needs its vacancies filled.
PFAW

Ted Cruz Vows to Damage Texas Courts in Response to Obama's Immigration Action

Ted Cruz urges a retaliatory freeze on all confirmations next year, which would cause particular damage to courts in his own state.
PFAW

John Roberts, Calling Strikes and Strikes

Allowing Texas to enforce a voter ID law found to be intentionally discriminatory suggests the "umpire" takes sides.
PFAW Foundation

Fifth Circuit's Voter ID Decision Shows the Attitude of Bush's Judges

What is the public interest in enforcing a voting law that was found to have been passed with the intent to discriminate?
PFAW Foundation

Texas Judge Could Teach the Roberts Court a Thing or Two

A Texas federal judge strikes down that state's restrictive voter ID law as intentionally discriminatory.
PFAW Foundation

A New Reason to Confirm Texas Judicial Nominees This Fall

Yet another of Texas's federal court vacancies has officially been designated a judicial emergency.
PFAW

The Right Wing's Immigration Hysteria: Round-Up

Here’s a round-up of last week’s Right Wing immigration hysteria:

PFAW

Judicial Vacancies Wreaking Havoc In U.S. Courts

Judicial vacancies slow down courts’ work, drive up litigation costs, cause evidence to go stale, make it harder to settle civil cases, and even pressure defendants into pleading guilty, according to a report released this week by the Brennan Center. The report cites example after example of how not having enough judges erodes our nation’s system of justice. Everyone counts on having their day in court, a fundamentally American principle that is threatened by persistent vacancies. The report quotes Chief Judge William Skretny of New York’s Western District:

We don’t neglect the Seventh Amendment, the right to a civil trial. But we tell people, if this is what you want to do, it will take time to get there.

Heavier caseloads and backlog created by vacancies also take a toll on judges, reducing the amount of time they have to spend on each case.

Chief Judge [Leonard] Davis in the Eastern District of Texas described the situation in his district as “simple math.” With more cases “you have less time to give to [an individual] case,” he explained. “It affects the quality of justice that’s being dispensed and the quantity of work you can complete,” he added.

[Judge Davis] also highlighted the impact of the Sherman vacancy on the timing of sentencing. “It’s a hardship for the litigants,” he explained. “Due to the backlog and [the] vacancy [in Sherman], we have a very high population of criminal defendants, about 200, sitting in county jails, having pled guilty and waiting for sentences. They can’t get their cases processed.” He noted that inmates are typically housed in a county jail because there are no federal facilities available, which is more costly for the government and leaves inmates with fewer work and educational opportunities. “That’s not fair to [the inmates] and adds a great deal of unnecessary cost by having to house them for so long in county jail holding facilities,” he said.

As the report makes clear, vacancies have real impacts for all citizens. This is why PFAW supports the speedy confirmation of qualified judicial nominees to federal courts. Filling judicial vacancies with quality judges will reduce backlogs and costs while allowing the judicial system to better serve all Americans. Maintaining the third branch is one of the most important constitutional functions that the Senate performs.

PFAW

The Right Wing's Inflammatory Reaction to the Border Crisis

Share this article:

As we’re dealing with the refugee crisis on the southern border, right-wing elected officials have amped up their inappropriate, inflammatory rhetoric to dehumanize immigrants and attack immigration reform:

  • Sen. Ted Cruz announced last week that his new “top priority”  in Washington is to end President Obama’s deferred action program for DREAMers and deport undocumented immigrants who came to the U.S. as children. While trying to soften his appearance by bringing teddy bears and soccer balls to children at the southern border, he proclaimed that “as long as that promise of amnesty is there, more and more children will come... We need to eliminate the promise of amnesty.”
  • Rep. Louie Gohmert claims children being held are a problem because “we don’t even know what all diseases they have” and added that our healthcare system “can’t withstand the influx,” which, he believes was orchestrated by President Obama to recruit millions of people to cast fraudulent ballots for Democrats.
  • Sen. David Vitter has “had it with undocumented immigrants,” and tweeted on Friday that “enough is enough.” To deal with the crisis, he introduced a bill that would “require mandatory detention for anyone” that is in the U.S. illegally, in order to get “illegal aliens on the next plane home.” (Mother Jones calculated that this effort would require more than 64,000 planes to actually work.)
  • Rep. Tom Tancredo shared a similar plan when he said that President Obama should “sign an executive order saying all these people ought to be returned. Put them on buses or planes, send them back to the countries from which they came and have the governments there take care of it.”
  • Sheriff Joe Arpaio of Maricopa County, Arizona, claimed that these unaccompanied minors from Central America are probably “gangbangers” and questioned why they are being sent to this county in the first place.

Of course, elected extremists aren’t the only ones making outrageous statements:

  • The Minuteman Project’s Jim Gilchrist said this crisis is “part of a concerted effort to transfer populations of Central America and Mexico into the United States using minor children, illegal immigrants under the age of 18, as human shields… to detour our ability to enforce our immigration laws.”
  • The American Family Association’s Sandy Rios suggested the child refugees should be quarantined like lepers used to be, harking back to “biblical times” when the “lepers were separated” because it was “understood that leprosy was so contagious.” Rios' fretted that these children are transported in the “same planes that you and I fly in… How do we know about lice and disease before they get on public transportation?”
  • Jody Hice, running to replace Georgia Rep. Paul Broun in the U.S. House, suggested that people take up arms in response to “a government that refuses to secure our borders” because “that is the reason we have a Second Amendment.”

The Right Wing's inflammatory rhetoric distorts the reality of the crisis, causing more conflict and damage.

PFAW

PFAWF Celebrates Confirmation of Julián Castro as U.S. HUD Secretary

Andrew Gillum is the Director of Youth Leadership Programs at  People For the American Way Foundation.

Julián Castro, current mayor of San Antonio, was just confirmed in the Senate by a 71-26 vote to lead the Housing and Urban Development Department. Castro, one of the earliest members of People For the American Way Foundation’s Young Elected Officials Network, is the first to become a Cabinet member.

I remember meeting Julián at our very first YEO convening in 2006, and being impressed with his passion to serve and better his community in Texas. We are incredibly proud of Julián and excited to see what he’ll accomplish in this new position. His proven leadership in fostering urban revitalization and economic growth make him a natural fit for this position, where he will be able to combat homelessness and help secure access to affordable, quality housing for more Americans.

Julián’s confirmation yesterday demonstrates how supporting young elected officials in our movement can reap tremendous results. I often say that YEOs are the state and local leaders of today as well as the national leaders of tomorrow. While Julián will be the first (former) YEO member to serve in a cabinet level post, I am sure he won’t be the last.

PFAW Foundation

Voting Rights Advocates Rack Up More Wins

Earlier this month, PFAW reported on what has gone right for voting rights at the state level in 2014. While there is much more work to be done to enact needed reforms and to step up and counter threats when the right to vote is under attack, states like Florida, Georgia, and North Carolina have shown that we can win. Now we've uncovered even more evidence of why we can and should keep fighting the challenges that lay before us.
PFAW

Texas Republican Highlights How GOP Should Face the Changing Electorate

In the famously red state of Texas, Republican state legislator Jason Villalba of Dallas last week offered a frank assessment of the crossroads at which his party finds itself.

[T]he time has come closer when we will see the sleeping giant [of the Hispanic electorate] awaken and it will make a tremendous difference in our ability to win elections if we cannot win the votes of our fellow Hispanics.

Even as the country rapidly becomes more diverse, the GOP has clung to its strategy of alienating Latinos, African Americans, women, and LGBT people with an endless barrage of outrageous statements and discriminatory policies.

As some Republican leaders, like Villalba in Texas, are noting, this tactic isn’t good for the GOP. Demographic changes, though small on the surface, could have major political impacts, particularly in swing states, that will make it harder and harder for Republicans to win important elections.

In Texas alone, analysts are projecting a two percent increase in the Latino electorate for the 2016 election cycle compared to 2012. That kind of increase is still relatively minor in Texas, but a similar shift could make a crucial difference in swing states like Florida, Colorado, and Nevada. As GOP pollster Whit Ayres notes

Changing the demographics of the state by two percentage points puts a finger on the scale in each of the swing states for the party that’s doing well among Hispanics. This underscores the critical importance for Republican candidates to do better among nonwhite Americans, particularly among Hispanics, if Republicans ever hope to elect another president.

Some far right activists argue that the GOP can win by increasing its share of the white vote, but the numbers don’t bear that out. As Resurgent Republic noted, “every month for the next two decades, 50,000 Hispanics will turn 18.” Without appealing to those voters, Republicans face a steep climb to victory in any national race—and a quick journey to minority party status.

No wonder the party is so fond of strict voter ID laws, restricted early voting opportunities, and proof of citizenship laws to deter certain people from coming out to vote.

PFAW

West Texas Judges Talk About the Need for More Judges

The Chief Judge, a visiting judge, and a former judge all agree that the Western District of Texas needs more judges to handle the heavy caseload.
PFAW