ThinkProgress Logo

Health

Justice

Rand Paul Signs Fundraising Email Calling For Congress To Simply Ignore Roe v. Wade

Earlier today, the National Review’s mailing list distributed an email (which can also be found here) signed by Sen. Rand Paul (R-KY), which called for Congress to pass a law effectively rendering a binding Supreme Court decision a nullity:

Working from what the Supreme Court ruled in Roe v. Wade, pro-life lawmakers can pass a Life at Conception Act and end abortion using the Constitution instead of amending it. . . . Signing the Life at Conception Act petition will help break through the opposition clinging to abortion-on-demand and get a vote on this life-saving bill to overturn Roe v. Wade.

A Life at Conception Act declares unborn children “persons” as defined by the 14th Amendment to the Constitution, entitled to legal protection.

It’s not entirely clear why Paul believes Congress has this power, and the email he signed does not provide a fully developed legal argument making the case for such an law. Instead, it appears to argue that Congress can simply grant full legal “personhood” status to fetuses under the 14th Amendment because Roe left open “the difficult question of when life begins.” This is not a correct reading of the Roe decision, however. The Roe opinion is unambiguous that “the word ‘person,’ as used in the 14th Amendment, does not include the unborn.”

Whether one agrees with this opinion or not, Congress does not have the power to flout the Supreme Court’s constitutional decisions simply because it does not like them. As ThinkProgress explained when a similar proposal was floated last year by Princeton Professor Robert George, “[i]n 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.”

Just as importantly, there is something very bizarre about a conservative stalwart like Rand Paul insisting that obeying the Supreme Court is optional at exactly the same time conservatives are trying to impose much of their policy agenda upon the nation by judicial decree. Presumably, Paul would be outraged if President Obama simply refused to obey a Supreme Court decision striking down part of the Affordable Care Act or if elections officials were to ban corporations from trying to buy elections despite the justices’ decision in Citizens United. Yet, if Roe v. Wade is as optional as Paul appears to think that it is, than there is no reason why Obama should feel obliged to obey conservatives’ pet decisions either.

Oklahoma Judge Overturns Law Arbitrarily Restricting Medication Abortions

A state judge has ruled that the Oklahoma law that severely restricts “the ways in which doctors can treat women with abortion-inducing drugs” is unconstitutional. In his ruling overturning the 2011 law, Judge Donald Worthington wrote that the law violates a woman’s right to privacy and bodily integrity. And Worthington added that the law ignores medical standards, according to RH Reality Check:

Judge Worthington ruled that the bill’s restrictions on medication abortion are unconstitutional because they are “so completely at odds with the standard that governs the practice of medicine that [the bill] can serve no purpose other than to prevent women from obtaining abortions and to punish and discriminate against those women who do.” [...]

The law — which had been temporarily blocked since October — would have banned any off-label use of medications for abortion or treatment of ectopic pregnancy, while explicitly allowing off-label use of the same medication for other purposes. According to the lawsuit, the law not only jeopardizes women’s health by preventing doctors from using safe and effective methods available, but also undermines women’s ability to exercise the full range of their fundamental constitutionally protected reproductive rights.

A judge temporarily blocked the law from going into effect in October. At the time, the Oklahoma Coalition for Reproductive Justice, a group that challenged the law, noted that 21 percent of all drugs are prescribed for off-label use and that the injunction ensured “women in Oklahoma will continue to be able to access medical care that accounts for scientific evidence, sound medical judgment and advancements in medicine.” Now that the law has been declared unconstitutional, women’s access to medical care in Oklahoma can continue.

NEWS FLASH

Pharma Giant Eli Lilly Dumps Climate Deniers At Heartland Institute | A coalition of climate activists reports that pharmaceutical maker Eli Lilly, BB&T Bank, and PepsiCo have all confirmed that they will not continue funding the Heartland Institute, joining GM, State Farm, and numerous other leading corporations in deserting an organization that produces radical attacks on climate science and scientists. Forecast the Facts, Sierra Club, 350.org, SumOfUs, the League of Conservation Voters, and Greenpeace have now mobilized more than 150,000 citizens to call on corporations to pull their support for Heartland following the extreme “Unabomber” billboards.

Duckworth, Walsh Argue Over Medicare Spending In First Congressional Debate

In their first debate, Rep. Joe Walsh (R-IL) and his Democratic competitor Tammy Duckworth, an Iraq War veteran, clashed over the budget debate that is dividing Congress. Among the issues debated, Walsh and Duckworth accused each other of trying to destroy Medicare.

Duckworth correctly pointed out that approving Rep. Paul Ryan’s (R-WI) budget proposal would end Medicare as we know it, but Walsh insisted that passing massive tax cuts for the rich would help save Medicare, according to the Chicago Sun-Times:

Duckworth continued: “You are on the front lines, giving money to people who don’t need it. Why are you so obsessed with ending Medicare? You call it a ‘Ponzi scheme.’”

“Tammy, I want to save it!” Walsh interjected. “Every Republican and Democrat in D.C. knows it’s gone in 10 years. What do you propose to do?

“I propose to end the tax cuts for millionaires and billionaires to pay for it,” Duckworth said.

“Oh, Holy Cow, I would much rather be standing with a plan than with a president who has ignored Medicare,” Walsh told Duckworth. “If you’re going to continue down this road as the president is and say, ‘I’m just going to ignore Medicare,’ you, my dear, are ending it as we know it. And that is so wrong.”

Ryan’s budget plan would dramatically reshape Medicare and charge seniors more: led by Ryan, House Republicans voted to cut funds to Medicare, Medicaid, and other social programs so that they could protect defense spending. The Washington Post reports that Ryan’s plan is still a difficult issue on the campaign trail as Democrats continue to attack Republicans for supporting the plan.

But even if it may be proving a difficult topic for congressional Republicans, likely GOP presidential candidate Mitt Romney has staked out the same budget plan as Ryan.

NEWS FLASH

Data Suggest Higher Medicare Spending Does Not Lead To Better Care | Last week, Kaiser Health News tallied which hospitals’ patients cost Medicare the most, analyzing how much hospitals were spending per patient to the national median for May 2010 to February 2011. On average, patients cost Medicare $17,988. But when researchers compared the spending data to the nation’s top hospitals, they found that none of the top “honor roll” hospitals were among the top spenders that were well over the national median. The average spending per patient at a top hospital was $17,808. None of the hospitals were among the top quarter or bottom quarter of spenders of the 3,346 hospitals which Medicare had evaluated, suggesting that higher spending does not equal better hospital care.

NEWS FLASH

Obesity Could Lead To Fewer Organ Donations | According to an analysis at one transplant clinic in Long Island, nearly one quarter of prospective kidney donors were turned down because of their weight. Out of 104 patients at the clinic, 22 percent of the patients who wanted to donate a kidney from 2008 to 2011 were prevented from doing so because their body mass index (BMI) was above 35, and a BMI that high can lead to medical concerns for the donor and recipient. Of the people who were rejected, three donors eventually lost enough weight to donate a kidney. About 92,000 Americans need a kidney transplant, and last week, researchers reported that 42 percent of Americans are estimated to be obese by 2030.

-Zachary Bernstein

Budget Cuts Hurt Washington State’s Response To Whooping Cough Epidemic

CDC officials say adults need to be vaccinated against pertussis as well as children.

Washington State is facing a Whooping cough epidemic that state health officials say could surpass the number of cases in any year since before the vaccine went into wide use in the 1940s. The state has recorded 1,284 cases through early May — 10 times as many as last year’s total at this time. But as the New York Times reports, budget cuts are hampering state and local health departments’ responses to the increasing number of Whooping cough, also known as pertussis, cases.

For example, the local Public Health Department in Skagit County, which has been hardest hit by the epidemic, has half the staff it did four years ago, and most of its preventive care programs have disappeared:

The county’s top medical officer, Dr. Howard Leibrand, who is also a full-time emergency room physician, said that in the crushing triage of a combined health crisis and budget crisis, he had gone so far as to urge local physicians to stop testing patients to confirm a whooping cough diagnosis.

If the signs are there, he said — especially a persistent, deep cough and indication of contact with a confirmed victim — doctors should simply treat patients with antibiotics. The pertussis test can cost up to $400 and delay treatment by days. About 14.6 percent of Skagit County residents have no health insurance, according to a state study conducted last year, up from 11.6 percent in 2008.

“There has been half a million dollars spent on testing in this county,” Dr. Leibrand said late last week. “Do you know how much vaccination you can buy for half a million dollars?” And testing, he added, benefits only the epidemiologists, not the patients. “It’s an outrageous way to spend your health care dollar.”

State health officials suggest that there could be more pertussis cases than current estimates show. Due to incomplete testing, as few as one in five cases is being tracked because of incomplete testing. Becky Neff, a registered nurse with a school district in Skagit County, told the New York Times that she has stopped asking for confirmation of suspected Whooping cough cases because there are only two nurses processing the disease reports instead of the five nurses doing the job a few years ago.

Mary Selecky, the state’s secretary of health, said under-immunization in children could be a compounding factor in the rapid increase in pertussis cases. Until the Washington legislature changed the state law last year to make it more difficult to opt out of childhood vaccines, Washington state had the highest number of kindergartners who did not meet state or national goals for any required immunizations, according to a Centers for Disease Control and Prevention study.

And because the vaccine for pertussis fades over time, the CDC recommends that adults receive a booster shot every 10 years to increase their protection against pertussis. Officials say this is especially important for adults who are around infants too young to be vaccinated because of how easily pertussis can spread.

Because Of Abstinence Education, 60 Percent Of Young Adults Are Misinformed About Birth Control’s Effectiveness

A new study from the Guttmacher Institute unsurprisingly finds that greater knowledge about contraceptive services is directly correlated to a decrease in young adults’ risky sexual behavior. However, after quizzing a nationally representative sample of 1,800 sexually active Americans between the ages of 18 and 29 on their basic knowledge of contraception methods, Guttmacher reports that “more than half of young men and a quarter of young women received low scores on contraceptive knowledge, and six in 10 underestimated the effectiveness of oral contraceptives.” The study ultimately concluded:

Programs to increase young adults’ knowledge about contraceptive methods and use are urgently needed. Given the demonstrated link between method knowledge and contraceptive behaviors, such programs may be useful in addressing risky behavior in this population.

Pervasive misinformation about contraceptives — often leading to higher rates of unintended pregnancies — is one of the serious consequences of abstinence-only education programs. Sex education programs that lack comprehensive sexuality information prevent young adults from fully educating themselves about their reproductive health, their contraceptive options, and the best sexual practices to avoid potentially risky behavior.

The Guttmacher study highlights this very educational gap. Although a majority of respondents (69 percent of the women and almost half of the men) agreed that they were “committed to avoiding pregnancy,” they seem to doubt that birth control is an effective means to achieve this goal. 40 percent of respondents said that birth control doesn’t matter because “when it is your time to get pregnant, it will happen.”

It’s especially important to emphasize the need for comprehensive sexual education programs in light of the Obama administration’s recent decision to support an abstinence-only curriculum as part of the Department of Health and Human Services’ list of “pregnancy prevention programs.” Considering that abstinence-only programs have been proven to be less effective at preventing pregnancy, how much more evidence does the Obama administration need to revoke its endorsement of birth control misinformation campaigns?

Morning CheckUp: May 14, 2012

Advocates warn automatic cuts would hit medical research: “Automatic federal spending cuts set to take effect in January would threaten U.S. leadership in the field of medical research, risk the spread of disease and delay treatments for patients, a report warned. Advocates with Research!America argued that sacrificing research investments for deficit reduction would also be a bad economic move.” [The Hill]

Nations embrace global coverage: “Even as Americans debate whether President Obama’s health-care law and its promise of guaranteed health coverage should be scrapped, many far less affluent nations are moving in the opposite direction to provide medical insurance to all citizens. China, after years of underfunding health care, is on track to complete a three-year, $124 billion initiative projected to cover more than 90 percent of its population.” [Seattle Times]

GOP state officials stall on health insurance marketplaces: “In about two dozen states across the country, the insurance marketplaces at the heart of the 2010 health-care law remain in limbo, with Republican governors or lawmakers who oppose the statute refusing to act until the Supreme Court decides its constitutionality.” [Washington Post]

Maine budget cuts target Medicaid: “Tens of thousands of Mainers will be affected when the Legislature votes on a plan to slash spending on Medicaid and a slew of other health care programs to close an $83 million budget gap.” [AP]

House GOP works with Romney on health care: “House Republican leaders are quietly working with Mitt Romney’s campaign to fashion a unified GOP health care platform to replace President Obama’s health law, according to lawmakers involved in the effort.” [Washington Times]

International AIDS conference to meet in U.S.: “This July, a shadow that Jesse Helms cast over HIV policy will be dramatically lifted. The enormous International AIDS Conference will meet in the United States for the first time in more than 20 years, ending a boycott that protested a policy the late North Carolina Republican senator pushed into law.” [Politico]

Switch to Mobile
ThinkProgress Signup Overlay Skip and Continue to ThinkProgress Skip and Continue to ThinkProgress

Sign Up