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Anti-Choice ‘Personhood’ Movement Targeting Abortion And Contraception Spreads To Ohio | Anti-choice group Personhood Ohio is collecting signatures to put a constitutional amendment banning abortion before Ohio voters in 2012. Currently, the Ohio constitution reads, “All persons are, by nature, free and independent, have certain inalienable rights, among which are those of enjoying and defending life and liberty.” The measure would define “persons” as “any human being at any stage of development, including fertilization.” As Ohio Planned Parenthood notes, the measure would outlaw abortion even in cases of rape, incest, or risk to the mother’s life. Moreover, as Marie Diamond previously reported, because the amendment would “recognize every fertilized egg as an individual and complete human being with full rights,” it could potentially ban many forms of birth control as well. The group needs to collect about 380,000 more signatures to make it onto the 2012 ballot and its starting with the Tea Party. “Tea party resolution is strong in Ohio,” said Personhood Ohio leader Dr. Patrick Johnston. It “has invigorated pro-lifers” to “get something don’t at the state level instead of waiting on the federal government.”

Justice

Michele Bachmann Pledges To Openly Defy The Supreme Court On Reproductive Freedom

At yesterday’s GOP candidate’s forum in South Carolina, Rep. Michele Bachmann (R-MN) told Princeton professor and anti-gay activist Robert George that she would support an unconstitutional bill attempting to reverse the Supreme Court’s decision in Roe v. Wade:

GEORGE: Would you as president propose to Congress appropriate legislation pursuant to the Fourteenth Amendment to protect human life in all stages and conditions? [...] Given the clear mandate of the Fourteenth Amendment empowering Congress to enforce the guarantee of Equal Protection shouldn’t Congress act on that now?

BACHMANN: Yes, I believe that they should. [...]

GEORGE: And if it meant a confrontation with the Supreme Court are you prepared for that?

BACHMANN: Most assuredly.

Watch it:

The 14th Amendment does not just grant certain civil rights protections to all persons in the United States, it also gives Congress the “power to enforce, by appropriate legislation” those protections. So if the 14th Amendment actually did place limits on abortion, Congress would have the authority to pass laws enforcing those limits. Essentially, George wants Bachmann’s legislation to simply declare that the 14th Amendment restricts abortion — despite the Supreme Court’s declaration that the opposite is true — and then piggyback upon this constitutional rewrite to ban abortion outright.

This is an odd suggestion for several reasons — not the least of which is the fact that, if Congress has the power to turn one Supreme Court decision on its head, there is nothing preventing it from requiring mandatory school segregation or prohibiting Democrats from exercising the First Amendment rights. Our Constitution means something because it can not simply be waived away by legislative fiat.

Moreover, George and Bachmann’s proposal doesn’t just thumb it’s nose at Roe v. Wade, it also thumbs its nose at one of the most significant recent decisions limiting congressional power. In City of Boerne v. Flores, the Court held that Congress is not allowed to simply declare that the 14th Amendment means whatever they want it to mean and then use that declaration to pass enforcement legislation — Congress can only pass laws enforcing existing 14th Amendment rights.

Indeed, it is more than a little bizarre that Bachmann — who bases much of her campaign on paranoid fantasies about how “Obamacare” is an unconstitutional assault on America itself — would want Congress to have the power to write its own meaning into the 14th Amendment. If Congress has the power that she and George claims that it does, then there is nothing preventing Congress from simply declaring that the 14th Amendment creates a fundamental right to health care and that the Affordable Care Act enforces this right.

Bachmann loves to rail about the need for limited government, but she has now embraced a constitutional theory that would effectively give Congress unlimited authority by empowering it to declare any right that it wants and then pass legislation enforcing that right. In other words, Bachmann’s support of George’s unconstitutional proposal doesn’t just prove that she doesn’t understand how the actual Constitution works, it provides yet another example showing that she doesn’t even understand how the Tea Party’s fake constitution works.

NEWS FLASH

Medical Schools Ignoring LGBT Health Needs | Medical schools don’t spend enough time teaching about LGBT health, a new survey finds. On average, the schools devoted five hours in the entire curriculum to “content related to lesbian, gay, bisexual and transgender patients” including topics such as sex change surgery, mental health issues, and HIV/AIDS. A full third of the schools didn’t offer any specific training “during the years students work with patients.”

NEWS FLASH

Romneycare Vs. Perrycare | The latest Gallup Poll has a good comparison of what Govs. Mitt Romney and Rick Perry have achieved when it comes to health care policy and why Perry’s attacks against RomneyCare will trigger a rather unflattering comparison for the Texan:

Romney’s Medicare Plan: It Will Be Similar, But Different From Paul Ryan’s Privatization Scheme

Mitt Romney unveiled his economic policy today and in case you’re wondering his position on Medicare reform is this: he’ll propose something that’s similar but different from Paul Ryan’s Medicare privatization scheme. ‘Medicare’ — one of the single biggest drivers of government spending — is mentioned just twice in the 88-page report:

Any serious attempt to rein in spending will have to include entitlement reform. This issue is among the most complex facing policymakers, but some basic principles guide Mitt Romney’s position. First, we must keep the promises made to our current retirees: their Social Security and Medicare benefits should not be affected. But second, we should ensure that the promises that we make to younger generations are promises we can keep. [...]

Similarly, with respect to Medicare, the plan put forward by Congressman Paul Ryan makes important strides in the right direction by keeping the system solvent and introducing market-based dynamics. As president, Romney’s own plan will differ, but it will share those objectives.

Romney also reiterates his proposal to block grant the Medicaid program, which Republican governors recently rejected as a one-size-doesn’t -fit all solution. As Mississippi Gov. Haley Barbour (R) recently explained at the unveiling of the Republican Governors Association’s health policy report, “not all Republican governors may want a block grant. … It’s up to the states to decide.” Indeed, as a recent Kaiser Family Foundation report has pointed out, converting the existing matching rate formula into a block grant would give states less money that they would have otherwise received and force local governments to cut eligibility to the program. Kaiser examined different scenarios for state responses to reduced federal Medicaid spending and estimated 31 to 44 million Americans could lose their health insurance coverage.

Romney Pledges To Expand Bush-Era Rule Permitting Doctors To Deny Women Access To Contraceptives

In the final days of the Bush administration, the Department of Health and Human Services (HHS) adopted a “conscience rule” permitting federally funded health care providers to opt out of health care services they found objectionable. Then Health and Human Services Secretary Michael Leavitt argued that the new rule was necessary to protect the “freedom of expression and action” of medical professionals, even if its supposed beneficiaries disagreed. The American Psychiatric Association and the American Academy of Pediatrics, for instance, claimed that “doctors and nurses are already not required to perform abortions or sterilizations” and raised concerns about the rule’s vague definitions of “abortion” and the possibility that the redundant and unnecessary regulation could allow practitioners to deny women access to commonly used methods of birth control like “oral contraceptives, emergency contraception, and the IUD.”

President Obama condemned the rule and eventually reversed it. But yesterday, in an effort to strengthen his social conservative credentials and new-found pro-life position, Mitt Romney pledged to restore and strengthen the conscience protection:

Q: Would you restore them and perhaps even strengthen them?

ROMNEY: Absolutely. We have to allow people to practice their faith and when they have a matter of conscience that they can’t participate in some form of activity which violates their faith, then they should be able to abide by their faith, particularly when there are plenty of opportunities for people to have a service provided.

Watch it:

Under Bush, the additional conscience protection represented an ideological overreach, and it’s unclear why it would be any more necessary in 2012. In fact, during the rule’s open comment period, six medical associations issued a joint statement warning the Bush administration that expanding the existing standards would “effectively allow health care providers’ personal beliefs to override patients’ right to full disclosure of accurate information and available health care resources.” In a separate letter to the Department of Health and Human Services, 13 state attorneys generals also argued that “the rule was too vague about what health care procedures may be withheld.” “The proposed regulation completely obliterates the rights of patients to legal and medically necessary health care services in favor of a single-minded focus on protecting a health care provider’s right to claim a personal moral or religious belief,” they wrote.

But for Romney — and the social conservatives he hopes to please — conscience regulations are a means of limiting women’s access to reproductive services. They hope to muddy the waters and threaten both the diversity of beliefs in “our pluralistic society and the health and well-being of patients seeking care.”

Bachmann Pledges To Defend Veterans Benefits After Proposing To Cut Them By $4.5 Billion In January

When it comes to caring for our nation’s veterans, Republican presidential candidate Rep. Michele Bachmann (R-MN) has undergone an astonishing transformation in the last nine months. In January, she proposed a wildly unpopular plan to slash $4.5 billion in veterans services and reduce disability compensation for 150,000 veterans. Veterans groups blasted the proposal as “heartless,” “totally out of step with America’s commitment to our veterans,” and “showing contempt for American servicemembers’ sacrifices.” Facing an avalanche of criticism, Bachmann eventually withdrew her proposal.

But now that she’s running for president, Bachmann is billing herself as a great defender of veterans benefits. The Washington Independent reports that during a speech at the annual convention of the American Legion in Minneapolis last Thursday, Bachmann vowed to support and strengthen veterans medical care:

It is our duty, first and primarily, to protect our veterans and to make sure that you receive not only the respect, but also the care that you have paid for very heavily with your service to our nation,” Bachmann told members of the American Legion Thursday.

“As president, I will assure that those who serve today as well, and in the past, have the highest access to the best care, both of health, mental health and rehabilitative care that the world has to offer.”

But Bachmann’s January plan, which was touted as a way to avoid raising the debt ceiling, would have brought about dramatic cuts to veterans services.

Bachmann’s plan would have frozen the Veterans Affairs Department’s health care spending and reduced the amount veterans receive in Social Security Disability Income. The congresswoman offered no explanation for her sharp reversal on the issue, but it’s hard to interpret her promise to strengthen veterans benefits nine months after trying to cut them as anything other than empty pandering to an important political constituency.

But regardless of the circumstances, it’s nice to see Bachmann embrace the sort of government-run health care program she typically denounces during her campaign stops as “unconstitutional” and “the crown jewel of socialism.” The Department of Veterans Affairs health care program is perhaps the best example of an entirely government-administered health care system, complete with its own doctors and hospitals.

NEWS FLASH

The Super Committee And Health Care Lobbyists | Via Washington Post, “nearly 100 former aides to members of the new budget-cutting super committee now work as K Street lobbyists,” with 43 staffers lobbying for the health care industry. Sen. Max Baucus (D-MT) — the chairman of the powerful Senate Finance Committee — employed the most staffers-turned lobbyists: 25, with 12 now working for the health care industry:

NEWS FLASH

U.S. Is 15th Best Place For A Child To Get Sick, Behind Cuba And Uzbekistan | The international nonprofit Save the Children put out a new report surveying the health and wellbeing of children worldwide. The report finds that Switzerland is the best place in the world for a child to get sick thanks to its broad array of social supports, and Chad and Somalia are the worst. Meanwhile, the United States comes in as the 15th best, trailing relatively poor countries like Cuba and Uzbekistan.

Child Advocacy Group Accuses Obama Administration Of Undermining Affordability Standards In Health Law

Under the Affordable Care Act, people between 133 and 400 percent of the federal poverty line and insured individuals who have to spend more than 9.5 percent of their household incomes on their employer sponsored plans qualify for subsidized coverage within the exchanges. Last month, the Obama administration decided that the government would only provide subsidies to individuals whose single employer plans exceed the 9.5 percent threshold, preventing far larger numbers of families who pay more than 9.5 for group policies from receiving federal assistance. Now, First Focus, a child advocacy organization, is expressing concerns about the regulation:

Conversely, we are profoundly disappointed with the preliminary rules from the Treasury Department related to the cost of family coverage and how affordability will be assessed for subsidies. The proposed rule would make the cost of individual employer-offered coverage the basis for determining affordability for a whole family. This would exclude millions of families from eligibility for subsidies in the exchange and reduce the number of children currently covered under family plans. This interpretation of the law is a serious concern and would disproportionately harm children and women. We urge the Treasury Department to reconsider this preliminary rule.

On this, it seems that the federal government had a choice between increasing government spending on federal subsidies (since more families would become eligible) or staying within the cost estimates and keeping families off the rolls. It’s certainly a tough decision given the political climate, but one that may put a damper on coverage rates as families choose to pay the mandate penalty over maintaining their expensive insurance coverage. [H/T: Politico Pulse]

Justice

Rep. Todd Akin Channels Rick Perry, Claims Medicare is Unconstitutional and Global Warming ‘Is Highly Suspect’

At a meeting Saturday with a Missouri Tea Party group, Rep. Todd Akin (R-MO) served up some factually challenged red meat:

U.S. Rep. Todd Akin said he has doubts about the constitutionality of Medicare and thinks global warming “is highly suspect.” [...]

Akin’s remarks questioning the constitutionality of Medicare came as he was explaining his vote against prescription coverage under the medical plan for seniors and people with disabilities. He said it was too expensive, and “it was expanding an entitlement I wasn’t too comfortable with to begin with.”

Asked about the remarks after the meeting, Akin said, “I don’t find in the Constitution that it is the job of the government to provide health care.

Akin should take a moment to actually read the Constitution before he lectures anyone about what’s in it. Although the Constitution does not include the words “health care,” it does enable our elected leaders to raise revenue and to “provide for the common Defence and general Welfare of the United States.” A national program ensuring when older Americans retire they do not impose crippling health costs upon their families easily fits within this grant of power.

For what it’s worth, Akin also claimed that Medicare cannot simply be repealed overnight “now [that] people have contributed their money to it,” but his actions reveal that he has every intention of eliminating this crucial program for America’s seniors. Akin — along with nearly every single one of his fellow House Republicans — voted for Rep. Paul Ryan’s (R-WI) plan to phase out Medicare.

Moreover, Akin’s bizarre reading of the Constitution is increasingly common amongst his fellow Republicans. Sen. Tom Coburn (R-OK) recently told a town hall meeting that protecting America’s “frail elderly” is “a family responsibility, not a government responsibility.” Sen. Mike Lee (R-UT) mocked President Franklin Roosevelt for calling on the federal government to provide “a decent retirement plan” and “health care” because “the Constitution doesn’t give Congress any of those powers.” And GOP presidential frontrunner Rick Perry (R-TX) believes that everything from Medicare to Social Security to child labor laws to the minimum wage is unconstitutional.

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Virginia Newspaper Editorials Tear Into State’s Anti-Abortion Regulations

Three new editorials are condemning Virginia’s controversial draft regulations requiring state abortion providers to meet the physical plant requirements of hospitals. The guidelines — the result of legislation Gov. Bob McDonnell (R-VA) signed earlier this year — were formulated through an “emergency” process that bypassed the normal public notice procedures and require existing abortion clinics to meet the standards of brand new construction.

The Washington Post:

No justification has been given for such fast-track treatment. Abortions are among the safest of medical procedures. Virginia’s Department of Health does not keep track of complications associated with the 25,000 or so abortions performed in the commonwealth each year. But the Guttmacher Institute, a nonprofit think tank that focuses on reproductive health and supports legal abortion, reports that less than one-half of 1 percent of all abortions performed in the country result in complications and require follow-up medical treatment. The abortion clinics targeted by the Virginia legislation perform only first­ trimester abortions — the safest of all procedures.

Virginia Pilot:

Supporters’ claims that legislation requiring the new regulations was animated by concern for patient safety aren’t fooling anyone. If that were the motive, the law would have been aimed at raising the level of care at every outpatient surgical center across the state rather than simply those that perform five or more first-trimester abortions each month. [...]

Supporters of these regulations could’ve shown they were serious about the health and care of women dealing with unexpected pregnancies by working just as hard for an adequate support system. They could’ve pushed for more funding for prenatal care for low-income expectant mothers or greater public awareness campaigns about the effects of unintended pregnancies. They could’ve demanded more resources and more social programs, including greater access to childcare assistance, to show single mothers and teenage parents that they needn’t choose between ending an unintended pregnancy or resigning themselves to a life of poverty.

Richmond Times Dispatch:

If there’s one thing Virginia’s leading Republicans agree on, it’s government regulation. They’re against it. “Keep taxes and regulation and litigation low,” Gov. Bob McDonnell said in 2009 when he was asked how to make Virginia business-friendly. [...] The same goes for state Sen. Ryan McDougle. When he was sworn in for his second term in 2008, McDougle promised, among other things, to ensure that “you are not burdened with intrusive new government regulations.”

But a commitment to the principle of laissez-faire evidently goes only so far. Because this year McDougle sponsored the legislation requiring the Department of Health to write tough new regulations for abortion clinics. The board has now done so, and will vote on them next Thursday. McDonnell signed McDougle’s measure into law — apparently without a qualm and perhaps even enthusiastically.

The Virginia Board of Health will vote on the draft regulations — which may close as many as 17 of the state’s 22 abortion clinics — on Sept. 15, and if approved, they will go into effect on Dec. 31.

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NEWS FLASH

South Dakota Abortion Providers Can Be Required To Tell Women They Have ‘Existing Relationship’ With Fetus | “South Dakota can require doctors to tell women who seek abortions that they have an ‘existing relationship’ with their fetus that is protected by law and that they can’t be forced to undergo the procedure, a federal appeals court ruled Friday.” The 8th U.S. Circuit Court of Appeals overturned “U.S. District Judge Karen Schreier’s ruling two years ago in which she struck down the requirement, which is part of a larger law requiring South Dakota doctors to provide women with certain information before an abortion can be deemed voluntary.” The Appeals Court did uphold “Schreier’s decision to overturn another aspect of the law that would have required doctors to tell patients that people who have abortions are more likely to commit suicide.”

Romney Claims Obama Was The ‘Only President’ To Cut Medicare, Ignoring Reagan’s Reductions To The Program

Mitt Romney defended his signature health care reform law during yesterday’s Palmetto Freedom Forum in South Carolina, insisting that the 2006 legislation requiring everyone to purchase insurance coverage would be “one of my best assets.”

“Our bill dealt with eight percent of our population — the people who were uninsured — and said to them, ‘hey, if you can pay don’t count on the government, take personal responsibility,’” Romney said. He articulated some of the differences between his law and President Obama’s approach and accused Obama of being the first president to make cuts to the Medicare program:

ROMNEY: We didn’t raise taxes, Mr. President. You raised taxed $500 billion dollars. We didn’t cut Medicare — one President in modern history cut Medicare, this President. And I’ll say to him, why didn’t you give me a call, and I would have told you what to do right and what not to do. And the critical thing is this, we dealt with 8 percent, he dealt with 100 percent of the American people.

Watch it:

But many presidents have made changes to Medicare since 1965, including Republican idol Ronald Reagan — who initially opposed the creation of the program, likening it to “socialism” and “communism.” But by the 1980s, Reagan, had come around to supporting the measure and instituted a series of reforms which are strikingly similar to some of the payment changes proposed by the Affordable Care Act (policies Romney now refers to as cuts or price controls.)

Reagan instituted DRGs or Diagnosis Related Groups for paying hospitals under Medicare. As David Henderson explains, “the idea was to get out of cost-based reimbursement, which gave an incentive to have high costs, and replace it with a system of prices,” in which hospitals were paid a pre-determined rate for each Medicare admission. “But what made it a system of price controls was that the government, along with DRGs, made it illegal for hospitals to charge even a penny more than the price the government came up with.” As a result of the changes, Medicare saved $49 billion by 1986, far exceeding what even the Congressional Budget Office had predicted.

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Morning CheckUp: September 6, 2011

Bachmann argues state mandate is also unconstitutional: During yesterday’s presidential forum in South Carolina, Michele Bachmann took a direct shot at Mitt Romney, saying, “I believe it is also unconstitutional for states to mandate as a condition of citizenship, that an individual would have to purchase a product or service even at the state government’s behest.” [CNN]

Promises constitutional showdown over abortion: Romney said that if he were elected president, he wouldn’t enter a showdown with the Supreme Court — which ruled in 1973 that abortion is allowed under the constitution — by passing a bill through Congress to make abortion illegal. Bachmann insisted that she would. [Huffington Post]

NYT editorial slams Perry’s health care record: “During his 11 years as governor of Texas, Mr. Perry has shown a shocking lack of concern for low- and moderate-income Texans who can’t afford health insurance or who have to struggle to keep it. His bromides about less government, more free-market and more self-reliance have neither held down costs nor made Texans healthier. Despite that record, he seems determined to carry that approach into the White House if elected.” [NYT]

WSJ defends it: “The point is that there are trade-offs between prosperity and entitlement government. The Texas economy is growing and adding jobs in part because it hasn’t adopted the economic model that Mr. Obama favors: high tax rates on the upper middle class, lots of politically directed investment, heavy unionization and a dominant government role in health care.” [WSJ]

Reaching immigrants who need health care: HHS has launched a new initiative, partnering with immigration groups to help eligible immigrants sign up for public health insurance programs. Undocumented immigrants aren’t eligible for Medicaid, but, “since 1996, legal immigrants who have been in the United States for at least five years are eligible. In addition, starting in April 2009, states have had the option of lifting the five-year residency requirement for pregnant women and children.” [Kaiser Health News]

Republican congressman challenged on Planned Parenthood vote: During a town hall meeting this weekend, Rep. Chris Gibson (R-NY) was questioned about his vote to defund Planned Parenthood. A constituent asked Gibson, “I’m wondering how you can reconcile defunding Planned Parenthood with your goal of providing cost-effective health care across the country?” [North County Public Radio]

Death rate lower than expected for 9/11 workers: “Rescue and recovery workers who toiled in the dust, smoke and fumes that engulfed Lower Manhattan after Sept. 11 were less likely to have died since the terrorist attacks of 2001 than colleagues who weren’t exposed, according to new research. That also holds true for people who were exposed because they lived or worked in the area.” [NPR]

Courts slow down GOP’s anti-abortion push: In a year in which expanded Republican majorities in many states have been able to operate without the usual obstacles presented by divided government — threat of veto from a governor, split chambers or even minority opposition large enough to force compromise — “court challenges amount to the first real efforts to slow the crush of conservative legislation.” [NYT]

Hospitals are outsourcing: “Mounting cost pressures continue to push hospitals to look for savings through outsourcing. But even as hospitals are opening more functions to contractors, some are holding firm against the trend or keeping some functions sacrosanct.” [Modern Healthcare]

8 reasons not to raise the Medicare eligibility age: The institute for Emerging Ethics & Technologies’ Richard Eskow comes up with a fairly convincing case. [IEET]

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