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Texas Democrats Look To Secure Alternative Federal Funding For Planned Parenthood In The State

Texans protest against the Planned Parenthood cuts outside of the state Capitol.

Democratic lawmakers are trying to find alternative ways to keep Planned Parenthood clinics in Texas afloat just one day before the state officially bans the organization from receiving funding through the joint state-federal Women’s Health Program. Tomorrow, a new rule goes into effect stopping any clinic affiliated with an abortion provider from receiving WHP funds, and federal officials have said they will cut off funding to the state program if Texas bans Planned Parenthood from WHP. If the program stops, 130,000 women will lose their access to affordable health care.

U.S. Rep. Sheila Jackson Lee and state Rep. Garnet Coleman have been meeting with the Department of Health and Human Services about creating a women’s health “look-alike program” that would keep money flowing to Planned Parenthood, which treats nearly 44 percent of the program’s patients:

The Medicaid Women’s Health Program is due to end in Texas on March 31, the result of the state’s decision to exclude clinics affiliated with abortion providers, even those that do not provide abortions. Federal regulations say a state can’t exclude qualified providers from the program.

Coleman and Lee said the alternative might involve the federal government allocating money to local entities, such as counties, hospital districts or federally qualified health clinics. They noted that school districts have been allowed to apply for federal grants independently rather than through the state.

Ninety percent of the Women’s Health Program’s total operating costs are covered by federal funds, but last week, Republican Gov. Rick Perry announced the state would continue funding the Women’s Health Program without including Planned Parenthood and without federal funds. His administration has not explained how he plans to carve $30 million out of the state’s budget to do so. Although HHS Secretary Kathleen Sebelius maintains that federal funding for the Women’s Health Program will be phased out gradually over the course of several months, she also inferred that the option of providing direct federal funding for Planned Parenthood was on the table.

While the rule goes into effect Wednesday, Planned Parenthood clinics in Texas will accept WHP patients to the end of March. Last week, Texans protested against the Republicans’ decision to take away health care for hundreds of thousands of women just so they can take funding away from Planned Parenthood.

Fatima Najiy

NEWS FLASH

Mississippi House Passes Measure Aimed At Closing The State’s Only Abortion Clinic | Mississippi’s House of Representatives just passed a bill that would require doctors at abortion clinics to have admitting privileges at a local hospital. While the language may sound innocuous, in actuality it means that the single abortion clinic in Mississippi would have to be closed if they could not find a doctor who met these specific requirements. The bill is one of three bills trying to regulate or end abortions currently being considered in the Mississippi House. Mississippi voters previously rejected a “personhood” amendment that defined a fertilized egg as a “person,” effectively banning all abortions, birth control, and in vitro fertilization, but personhood supporters plan to bring up the amendment again in 2013.

Demonstrators Protest Against Anti-Women Bills That State Legislatures Are Considering

Women protest against anti-abortion bills in Georgia. (Source: AP)

State legislatures are busy debating another round of anti-choice legislation (after passing a record number of anti-abortion measures in 2011). But this year, women are speaking up more loudly.

To push back against the Republican-backed proposals, Democrats have proposed satirical bills mocking extreme measures bestowing personhood on a zygote and requiring women to have ultrasounds before abortion procedures.

And constituents have voiced their opposition, rallying against cuts to funding for women’s health care, ultrasound bills, and personhood measures. And the protests are spreading.

In Georgia, hundreds protested on Monday against two anti-abortion bills approved by the state Senate. One would prevent state employees’ health care plans from covering abortion, and the other exempts religious health care providers from having to cover birth control:

Demonstrators held signs saying “Trust Georgia women” and “My body is not a political playground” as they walked around the Gold Dome. They chanted “Not the church, not the state, women must decide their fate.”

I don’t think that a few men in this state have the right to take away the rights of women,” said Suzanne Ault, 48, of Atlanta. “It’s not their call to make, the health and life of a woman.”

The Georgia House is now considering both bills.

And in Wisconsin, demonstrators rallied today against a push on the last day of the state’s legislative session to pass several anti-woman bills. The measures would prevent private insurance plans from covering abortion, add barriers for women seeking abortions, and end a program to provide information to teenagers about avoiding unintended pregnancies.

Justice

Bush SCOTUS Finalist: Striking Down Health Reform ‘Is a Prescription For Economic Chaos’

Judge J. Harvie Wilkinson

Last month, federal court of appeals Judge J. Harvie Wilkinson, an influential conservative who has one of President George W. Bush’s five finalists for the Supreme Court nomination that eventually went to Chief Justice Roberts, published a book calling the lawsuit against the Affordable Care Act a “heavy judicial lift.” In a rare op-ed by a sitting federal judge, Wilkinson went even further yesterday, warning that the attempts to strike down the ACA could have disastrous consequences:

In curbing federal excess, courts risk lessening our national economic strength. That strength resides partly in the national aspects of our founding document, among them the now maligned commerce clause and the newly mistrusted supremacy clause, which gives preference to federal over state law when there is a conflict. States’ rights are important in many spheres, but the benefits of a national economic policy must also be considered. A vibrant economic order requires some political predictability, and the prospect of judges’ striking down commercial regulation on ill-defined and subjective bases is a prescription for economic chaos that the framers, in a simpler time, had the good sense to head off.

It is tempting to shout states’ rights when deeply flawed federal legislation is enacted, but the momentary satisfactions of that exercise carry long-term constitutional costs. Badly conceived bills die a thousand political deaths — in the appropriations process, in the states, through electoral retribution, in the executive appointments of a succeeding administration and ultimately in amendment and repeal. However, if courts read the Constitution in such a way that it enables them to make Congress ineffectual, and instead to promote 50 state regulatory regimes in an era of rapidly mounting global challenges, the risks should escape no one. Making our charter more parochial while other nations flex their economic muscle seems like poor timing.

Wilkinson is right to invoke the framers in defending the Affordable Care Act, because they embraced his very views at the Constitutional Convention that created our founding document. Before the framers drafted the Constitution itself, they adopted several resolutions intended to guide this drafting process. One of those resolutions, Resolution VI, established that the federal government must have authority over all problems that are national in character. In the framers’ words, the United States must be able to “legislate in all cases for the general interests of the Union and also in those to which the States are separately incompetent.”

More than two centuries later, Wilkinson’s fellow conservative Judge Laurence Silberman would echo the framers’ views in his own opinion upholding the Affordable Care Act: “The right to be free from federal regulation is not absolute, and yields to the imperative that Congress be free to forge national solutions to national problems, no matter how local—or seemingly passive— their individual origins.”

NEWS FLASH

Idaho Anti-Abortion Bill Could Send Women Seeking Abortions To Crisis Pregnancy Centers | Like lawmakers across the U.S., Idaho legislators are considering a bill requiring women to receive an ultrasound before having an abortion, which could add up to $200 to the cost of the procedure for women. But one requirement in the legislation is for the state to post a list of clinics that provide free ultrasounds. It’s expected that most of the organizations listed will be crisis pregnancy centers, known for deceptive tactics to try to stop women from having abortions. But the bill’s sponsor, state Sen. Chuck Winder (R), has no issue with codifying the deceitful tactics because the point of the ultrasound bill is “to convince a woman not to go through with abortions.”

GOP Losing Democrat Support For Plan To Repeal Cost Savings Board From Health Reform Law

House Republicans are pushing to repeal the Affordable Care Act’s Independent Payment Advisory Board (IPAB), which is tasked with making binding recommendations to Congress for lowering health care spending. But estimates from the Congressional Budget Office found that the GOP repeal plan would add $3 billion to the deficit, and now Democrats who supported it are revoking their support for a new Republican plan to pay for repealing IPAB with a medical malpractice reform measure.

Twenty Democrats had signed on as co-sponsors, but several have spoken out against the new idea, according to Talking Points Memo:

“Unfortunately, Republican leadership is manipulating the dialogue on this issue for political purposes, which will undoubtedly lead many Democratic members to vote against the bill — despite support for the underlying policy from House Democrats across the ideological spectrum,” Rep. Allyson Schwartz (D-PA), the most outspoken Democratic opponent of Obama’s Medicare panel, told TPM. “By unnecessarily tying repeal of IPAB to a partisan malpractice bill, House Republicans have effectively ensured that this bill is dead. This is deeply disappointing.”

Rep. Barney Frank (D-MA), another signatory of IPAB repeal, told TPM the GOP lost his vote with the tort reform pay-for — and predicted other Dems will bolt, too. “It’s typical of their irresponsible approach,” Frank said in an interview Monday. “They have a lot of Democratic support to repeal [IPAB] and they know it. They were dangerously close to having some bipartisanship and they couldn’t accept that.” [...]

House GOP leaders have opted to fund the $3.1 billion cost to repeal IPAB with medical malpractice reform legislation, which is a poison pill for most Democrats and even some key Republicans. It’s an indication that the GOP has given up on getting a bill to Obama’s desk, where he’d probably veto it anyway.

Republicans have attacked the board as health care rationing, but the panel’s recommendations cannot “include any recommendation to ration health care, raise revenues or Medicare beneficiary premiums…increase Medicare beneficiary cost- sharing (including deductibles, coinsurance, and co- payments), or otherwise restrict benefits or modify eligibility criteria.” The Senate-confirmed members will only make recommendations to cut Medicare payments to providers — not endangering seniors’ health care — no matter how much Republicans try to scare seniors into thinking otherwise.

Even Utah Thinks GOP’s Abstinence-Only Efforts Going Too Far

Gov. Gary R. Herbert (R-UT)

Gov. Gary R. Herbert (R-UT)

In recent years, Utah has earned a reputation for being one of the reddest states in the country. Indeed, less than 35 percent of 2008 voters in the Beehive State cast their ballots for the Obama-Biden ticket. But a new poll by Brigham Young University shows even Utahans are not backing the growing “abstinence-only” push by the right-wing.

In recent weeks, the state legislature passed HB 363, a bill to prohibit Utah schools from teaching students about contraceptives and to permit school districts to skip sex education entirely. The bill passed easily in the Republican-dominated state legislature (the GOP has 22 of 29 seats in the state senate and 58 of the 75 seats in the state house). Republican Gov. Gary R. Herbert has not yet said whether he will sign the bill.

Utahans, according to the BYU poll, would prefer that he veto the measure. Of those surveyed, 58 percent said they believe “”Public schools in Utah should teach about the use of contraceptives.” Only 30 percent said they should not. Only among those identifying as “strong Republicans” was there widespread (68 percent) opposition to the idea.

Chris Karpowitz, a political science professor at the university, told the Salt Lake Tribune:

The thing that was interesting to us was such a strong majority believed public schools should teach about contraceptives… Utah is a fairly conservative place, and you might have assumed that this would have gone in the other direction.

I think it means the governor has a tough decision to make, and he has to decide whether he’s going to side with the strongest Republicans who seem to have the most opposition to this — and that’s an important group for any Republican governor in the state of Utah — or is he going to side with the larger majority that seems to support this.

Hebert’s quandary is a microcosm of the challenge the Republican Party faces nationally: appeal to a narrow but vocal base that wants to pursue a culture war against contraception and women or focus on the real struggles of working families.

NEWS FLASH

HHS Considers Accepting Gay And Bisexual Men As Blood Donors | Gay and bisexual men may be allowed to donate blood in the near future if a Health and Human Services Department pilot program to establish “alternative donor deferral criteria” for gay men comes to fruition. The department is seeking comments on how it should design the program. Because of new technology, donors can be tested more accurately for infections, which potentially eliminates the need to “continue an indefinite deferral” for a donor group, according to HHS. Since 1977, men who have sex with other men have been banned from donating blood. — Fatima Najiy

Morning CheckUp: March 13, 2012

Florida legislature adjourns without passing new anti-abortion bills: “Despite last session’s onslaught of legislation aimed at cracking down on legal abortions in the state , the Florida Legislature did not pass a single anti-abortion bill during the 2012 legislative session. About ten anti-abortion bills were introduced this year. The Florida House did pass a bill, however, that women’s health and civil rights advocates denounced as an “omnibus anti-choice bill” because it was written to include several anti-abortion measures that did not pass in the GOP-led Florida Legislature last year.” [Florida Independent]

Groups ask Utah governor to veto sex-ed bill: “The Utah Education Association, Utah PTA and the Utah State Democratic Party are all calling for the governor to veto a bill that would allow schools to drop sex education classes and prohibit instruction in the use of contraception. That’s in addition to more than 25,000 people who, as of Friday afternoon, had signed an online petition requesting a veto on HB363.” [Salt Lake Tribune]

First lady defends her Let’s Move! program: First lady Michelle Obama defended her ‘Let’s Move!’ anti-obesity program against critics who call it a government intrusion. ‘Let’s Move! is not about having government tell people what to do, because government doesn’t have all the answers,’ Mrs. Obama said in an interview with Topanga Sena, age 11, a reporter for Scholastic News in Florida. ‘A problem that’s this big and affects so many people requires everyone to step up. So we’re asking everyone to step up.’” [The Hill]

Contraception key to boost grad rates at community colleges: “Community colleges could improve their graduation rates by helping students avoid unplanned pregnancies. That’s the thinking behind a campaign to encourage faculty members to incorporate material about pregnancy planning into academic courses.” [Inside Higher Ed]

New Super PAC forms to fight contraception rule: “A collection of prominent center-right leaders, including multiple top Bush administration officials, have founded a new advocacy group to advocate for measures exempting religious organizations from federal rules governing contraception coverage, Politico has learned. Their 501(c)4 organization, Conscience Cause, is aimed at ‘stopping the implementation of a Department of Health and Human Services regulation which would compel people and organizations to pay for drugs and services that violate their faith,’ according to a statement.” [Politico]

West Virginia tackles retiree health costs: “West Virginia has become the first state to pledge tax revenue to help finance its retiree health care burden, a major development in states’ efforts to pay down their soaring health benefit liabilities.
In the session that ended Saturday, lawmakers approved legislation proposed by Governor Earl Ray Tomblin pledging $30 million a year in personal income tax collections to help reduce the gap between what the state promised to pay its retired employees for health care and what it set aside to meet those obligations.” [Stateline]

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