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Health

Women’s Health Advocates Challenge Alabama Law That Would Force Clinics To Stop Providing Abortions

The Planned Parenthood Federation of America, Planned Parenthood Southeast, the American Civil Liberties Union, and the ACLU of Alabama are joining forces to challenge HB 57, a new state law that would force most of Alabama’s health clinics to stop offering abortion services. Gov. Robert Bentley (R) approved the abortion clinic restrictions in April, and they are set to take effect on July 1.

Under HB 57, Alabama’s abortion providers will be forced to comply with new, burdensome regulations within 180 days. Clinics will need to update their facilities to meet the same standards as ambulatory surgical clinics — an unnecessary standard that typically requires health clinics to make expensive renovations like widening their doorways, installing water fountains, and updating their air conditioning systems — and abortion doctors will have to obtain admitting privileges from local hospitals.

Three of Alabama’s five abortion clinics will be unable to comply with the new regulations if the law goes into effect at the beginning of July. Two of those clinics are operated by Planned Parenthood. Unless HB 57 is successfully blocked in court, Alabama will no longer have any health facilities that provide abortion care in any of its three most populous cities: Birmingham, Mobile, or Montgomery.

“This law is part of a coordinated national campaign designed to outlaw abortion, state by state,” Alexa Kolbi-Molinas, a staff attorney at the ACLU’s Reproductive Freedom Project, said in a press release. “This law insults women’s intelligence by claiming to be about safety, when the true intent is to shut down clinics and prevent a woman from making a real decision about her pregnancy.”

Even though abortion opponents claim that laws like HB 57 are important measures to protect women’s safety, women’s health advocates disagree. They say these types of restrictions constitute the Targeted Regulation of Abortion Providers, or TRAP — a popular anti-choice tactic designed to indirectly limit reproductive rights by forcing abortion clinics to close their doors. TRAP laws are currently threatening to shut down abortion clinics in states like North Dakota, Indiana, Virginia, and Wisconsin.

Medical professionals don’t support TRAP laws. Just earlier this week, a national group representing thousands of OB-GYNs across the country publicly came out against any type of anti-abortion legislation that compromises doctor/patient relationships by imposing a political agenda onto medical care. Doctors have also spoken out specifically against Alabama’s law. “Requiring doctors who provide abortions to have staff privileges at a nearby hospital won’t make women safer and, in fact, could jeopardize their health by depriving women in Alabama access to safe, high-quality health care,” Dr. Anne Davis, an OB-GYN who serves as the consulting medical director at Physicians for Reproductive Health, said in a statement in reference to HB 57.

Women’s health advocates are hoping that the case in Alabama will reflect the outcome of a similar lawsuit in Mississippi, where a federal judge recently blocked a TRAP law from taking effect. Without that court decision, the only abortion clinic left in the entire state of Mississippi would have been forced to close.

Economy

Alabama Bankruptcy Deal Calls Attention To Wall Street Abuses

An agreement to resolve the largest municipal bankruptcy in U.S. history awaits a judge’s approval after officials in Jefferson County, Alabama approved the deal on Tuesday. The county, home to Birmingham, went bust in 2011 following the implosion of a complex web of bad deals and bribes between local officials and Wall Street firms including JP Morgan Chase, Goldman Sachs, Bear Stearns, and Lehman Brothers. While the proposed deal would erase most of the fees, penalties, and inflated costs the county owes to the firms that originated the predatory, graft-driven scheme, citizens of the bankrupt county will also face about a 30 percent hike in sewer fees over four years.

Combined with an earlier settlement, the pending bankruptcy deal would push JP Morgan’s balance-sheet losses on the Alabama sewer debacle to roughly $1.6 billion. But that eye-popping figure is unlikely to change the fact that the bank’s municipal debt business is still doing remarkably well.

While Jefferson slashed services and laid off about a thousand workers, JP Morgan registered record profits in quarter after quarter. Overall, its municipal-debt underwriting business has remained mostly unscathed by the Jefferson County scandal. The bank continues to be one of the largest players in the market, underwriting $64.7 billion worth of public debt offerings from 2009-2011. Even after JP Morgan employees openly discussed millions of dollars in bribes paid to local power brokers and extracted millions in fees on deals that turned a $250 million sewer project into a $3 billion expense for Jefferson County, local governments continue to give the firm their business.

The combination of flagrant bribes, predatory lending schemes involving Alabama’s largest city, and the readymade metaphor of a sewer system at the center of the story helped make the Jefferson County scandal national news. But it’s only one of dozens of tales like it, where local officials agreed to interest rate swaps and other long-term harmful arrangements that allowed Wall Street firms to extract massive profit from deals that bankrupted cities. Detroit has amassed nearly $4 billion in debt from such swaps.

The world’s biggest banks have been manipulating the rates underlying those swaps for years, as last year’s LIBOR scandal revealed, with the end result that borrowers go ever deeper into debt while lender profits climb. In the Detroit case, Wall Street has made nearly $500 million off of a city that’s so deep in the red that it’s slashing emergency services. One debt analyst estimated in 2012 that U.S. taxpayers have sent a combined $20 billion to Wall Street in fee payments stemming from swap agreements.

Justice

With Stand Your Ground Laws Still Standing, Two Alabama Shooters Escape Liability

Earlier this month, a 21-year-old African American approached the home of his step-father’s ex-girlfriend in Jefferson County, Alabama, and ended up dead. The woman who lived in the home said she shot him out of fear for her safety, and as a result, no charges will be filed against her under Alabama’s Stand Your Ground law — the same law that gained notoriety after the tragic killing of Florida teenager Trayvon Martin.

The woman, whose name was not released, said she was out walking her dog when she saw a man run by her home and went inside to get a gun. When she came back out, a man she believed to be the same person was walking down her driveway. She told him to stop, and that she had a gun. But he kept approaching. She shot and he died.

Unfortunately, little else is known about the case, and likely never will be now that the inquiry has ended with the state’s Stand Your Ground law. The woman said she could not identify the man and feared he was planning to attack her. She said she had particular fear because her boyfriend had been recently robbed, according to Jefferson County District Attorney Brandon Falls. The man, Demetrius Antuan Thompson, had no criminal record. He had no known motive for an attack or break-in.

Under Alabama’s Stand Your Ground law, the woman had no duty to retreat, and it didn’t matter that she voluntarily came outside with a gun. Even if she only feared second-degree assault (intent and execution of serious physical injury), she was authorized to use deadly force. ”This is a tragic situation, but legally she was justified,” Falls told AL.com.

This is the second case this month in which an individual who fatally shot another will escape any criminal liability under Alabama’s Stand Your Ground law. Another was cleared by a jury after shooting dead a man who hit him with a socket wrench. Even the prosecutor who charged him said, “we felt Scoggins could have just driven away. That he was in no immediate danger.”

Alabama is one of at least nine states that passed the aggressive ALEC and NRA-backed “Stand Your Ground” statute that authorizes unfettered deadly force in self-defense, and one of 21 with a similar law that imposes no duty to retreat when facing an “attacker” in any place where one is lawfully present, according to the National Conference of State Legislatures.

Even after the outrage and movement for reform that followed the tragic death of 17-year-old Trayvon Martin more than a year ago, not a single state has successfully repealed or scaled back one of these laws. Earlier this month, a New Hampshire repeal effort that passed the House was blocked by the Republican-led Senate after four months of debate. And even in Florida, a task force dedicated to review the Stand Your Ground law declined to make any changes in spite of several empirical studies associating these laws with an increase in homicides, a disproportionate impact on African Americans, and no deterrent effect.

 

Health

POLL: Americans In The Deep South Strongly Support Medicaid Expansion, Despite Governors’ Opposition

Over 60 percent of the Americans living in the Deep South support Obamacare’s Medicaid expansion, according to the results from a new poll that surveyed a broad sample of people in Alabama, Georgia, Louisiana, Mississippi, and South Carolina.

The poll, conducted between March and April by the Joint Center for Political and Economic Studies, found that support for Medicaid expansion is somewhat divided along partisan lines. Nevertheless, a solid majority of residents in each of the five Deep South states favor expanding the public insurance program to extend coverage to additional uninsured Americans:

(Credit: Families USA)

That public support stands in sharp contrast to the five states’ political leaders, who have resisted cooperating with health care reform at any cost. The GOP governors in each of those Southern states — Govs. Robert Bentley (R-AL), Nathan Deal (R-GA), Bobby Jindal (R-LA), Phil Bryant (R-MS), and Nikki Haley (R-SC) — have refused to expand their Medicaid programs.

“This survey clearly shows that governors and state legislators in the South who are resisting the Medicaid expansion are out-of-step with their constituents,” Brian D. Smedley, the director of the Joint Center’s Health Policy Institute, pointed out.

The broad public support for Medicaid expansion in this region makes sense. Low-income Americans in the South who don’t currently qualify for their state’s Medicaid program are being forced to simply skip out on medical care, and expanding Medicaid’s eligibility levels would ensure that they can access the health treatment they need. Deeply red Southern states also tend to have worse health outcomes compared to Democratic-controlled states on the coasts, and expanding Medicaid could help lessen some of those disparities.

But political resistance to Obamacare, even in the states that stand to benefit the most from it, remains strong. The governors in highly uninsured states are still refusing to consider cooperating with the Medicaid provision of the health reform law. And even when Republican governors reluctantly agree that Medicaid expansion is the right decision for their constituents, GOP-controlled legislatures in their states continue to block it.

Justice

How An Alabama Trial Riddled With Error Almost Ended In Capital Punishment

Montez Spradley (Credit: AL.com)

In 2008, Montez Spradley was convicted for the murder of a grandmother shot dead in Center Point, Alabama. Although the jury recommended a sentence of life in prison without parole, an Alabama trial judge rejected the recommendation and sentenced Spradley to death. But that death sentence was struck down along with the conviction, when an appeals panel deemed the trial so error- and bias-ridden that it was a “miscarriage of justice.”

Now, as Spradley’s case enters the early stages of retrial, the ACLU has uncovered even more potentially damning evidence about prosecutors’ handling of his case, revealing yet another way in which commonplace prosecutor misconduct can lead to improper sentences to death. Spradley’s ex-girlfriend testified this week that she was offered a $10,000 reward in exchange for testifying against Spradley, and that prosecutors threatened to take away her children and prosecute her for perjury if she did not do so. AL.com reports:

At the court hearing today Alisha Booker testified that she lied at the 2008 trial that Spradley had confessed to her in a church about killing Jason.

Booker testified that after having denied any knowledge of the murder to police in 2004, she stepped forward later to tell police that Spradley had admitted it because she was mad at him. She said that at the time she stepped forward she was pregnant with her and Spradley’s third child. She said she learned he was cheating on her.

“I just felt he was doing me wrong at the moment,” Booker said.

As she began to testify that she had lied in her 2008 testimony, Wallace asked her if she knew that she could possibly be charged with perjury. After meeting in the judge’s office with her attorney for a few minutes she returned to the stand and continued her testimony. [...]

Booker said she had told law enforcement that she had lied and didn’t want to testify. She said they told her it was too late and that she had to stick to the story or she could go to jail for a long time and her kids put in foster homes. She said the detectives had told her she was a single mother and should take the reward money.

A prosecutor and the lead detective in the homicide case denied the allegations during today’s hearing.

The rewards offered to Booker were part of two local programs to incentivize witnesses to come forward with information about the crime. These rewards programs can be a helpful crime-fighting resource, when used properly. But they also create perverse incentives to provide false information, particularly when a witness merely provides testimony that is not corroborated by others or accompanied by physical evidence. Because prosecutors maintain primary control over access to this and other crucial information about a case, they are constitutionally required to divulge to defendants the existence of such a reward, or of any other exculpatory evidence, even though it may undercut prosecutors’ case. In this case, prosecutors dispute many facts, but they do not dispute that Booker was given a reward, nor that they failed to disclose that reward.

The under-appreciated U.S. Supreme Court decision that articulated this prosecutor obligation celebrated its 50th anniversary this week, but punishment for prosecutors who fail to comply with Brady v. Maryland remains largely non-existent, meaning those inclined to withhold evidence are still unlikely to be deterred by the law, and perhaps even less likely to be discovered.  This is one of several cases to reveal these blatant Brady violations even in instances where a defendant’s life is at stake, and in which judges subject to the politics of re-election use a dangerous Alabama policy to “override” jury decisions about the death penalty. And while Spradley earned a retrial, another judge exercising judicial override could once again sentence him to death.

Justice

Alabama Senate Passes Bill Nullifying ALL Federal Gun Laws

Nineteenth Century nullificationist Senator John C. Calhoun

Earlier this week, the Alabama senate passed a bill that purports to nullify any action the federal government takes regarding firearms. The bill provides that “[a]ll federal acts, laws, orders, rules, or regulations regarding firearms are a violation of the Second Amendment,” and that such acts “shall not be recognized by this state, are specifically rejected by this state, and shall be considered null and void and of no effect in this state.” Last month, Kansas Gov. Sam Brownback (R) signed a similar bill into law in his state.

As ThinkProgress has previously explained, these bills are unconstitutional and have virtually no chance of being upheld by the courts. The Constitution provides that duly enacted federal laws “shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the constitution or laws of any state to the contrary notwithstanding.” Indeed, if states had the unilateral authority to decide which federal laws are or are not constitutional, as nullification’s proponents claim, it would undermine America’s very ability to exist as a single nation. As James Madison warned, nullification would “speedily put an end to the Union itself.”

Yet, while these nullification bills are doomed to fail, they are likely to inflict a profound human cost if signed into law. If Alabama’s governor signs this bill, the lawmakers who supported it will go home, pat themselves on the back for finding a new way to stick it to Obama and liberals, maybe collect some campaign donations from the NRA and its leadership, and then promptly move on to something else. Meanwhile, an innocent, largely law abiding citizen will read in the newspaper that federal gun laws no longer exist in Alabama, and could decide based on that fact to commit a federal gun crime. The law enforcement officials who arrest that citizen, the prosecutors who try him and the judge who ultimately sentences him will care little that Alabama passed an unconstitutional nullification bill — they will just do their job of enforcing the still-valid federal law.

Americans have a right to know what the law is, and they should not be sent mixed messages by the people they elect to serve them. In this case, their decision to play political games with the Constitution could lead someone with no intention of violating the law to commit a federal crime and bear the consequences of that action. That is far to high a price to pay in order to score some rhetorical points against supporters of gun laws.

Immigration

The Worst Parts Of Alabama’s Anti-Immigrant Law Are Gone Forever

The Supreme Court on Monday decided not to hear a case against Alabama’s HB 56, one of the most stringent anti-immigrant laws in the country. The justices’ decision to reject the case means that the lower court’s opinion — which struck down large chunks of the law — will stand.

A decision by a federal court in August of last year invalidated two provisions in the law: One would have allowed teachers to ask students about their immigration status, and the other would have made it illegal for documented residents or citizens to have a business interaction with undocumented ones. Thanks to the Supreme Court’s inaction on Monday, those two provisions are permanently struck down.

HB 56 was crafted to create an environment so hostile to undocumented immigrants that they left the state or, as conservatives termed it “self-deported.” The law will still block undocumented immigrants from obtaining drivers’ or business licenses.

Health

Alabama Governor Approves Restrictions That Could Force The State’s Last Abortion Clinics To Close

Alabama Gov. Robert Bentley (R) approved new abortion clinic restrictions on Tuesday that threaten to, in the words of Planned Parenthood’s Cecile Richards, “essentially ban abortion statewide.” Bentley claims the new law will simply ensure that Alabama’s abortion clinics are held to appropriate safety standards. But in reality, the complicated new restrictions will put an unnecessary burden on the state’s handful of remaining clinics, likely forcing them to close their doors.

Alabama is following in the footsteps of states like North Dakota and Mississippi, where Republican lawmakers have passed similar laws to indirectly restrict abortion access by targeting women’s health clinics. That popular anti-choice tactic — known as the Targeted Regulation of Abortion Providers, or TRAP — represents one of the most serious affronts to reproductive rights in the country because it is such an effective way to cut off women’s access to abortion.

After Alabama’s new TRAP law takes effect on July 1, the state’s four licensed abortion clinics will have 180 days to meet the new standards. Clinics will need to update their facilities to meet all the same standards as ambulatory surgical clinics — which often includes unnecessary measures like widening doorways and replacing flooring — and abortion doctors will be required to obtain admitting privileges from local hospitals. Of course, that’s easier said than done. Many abortion clinics can’t afford to make those costly updates to their buildings, and hospitals often deny abortion providers admitting privileges even after they apply for them.

Nikema Williams, the vice president of Planned Parenthood Southeast, told the Associated Press that there’s no good reason to require Alabama’s abortion clinics to adhere to these arbitrary standards. “Having admitting privileges is not a requirement for being a licensed medical provider and is not a designation of the quality of a provider. Admitting privileges do not hasten a patient’s care in the event of an emergency,” she explained.

Nevertheless, Republicans are successfully advancing TRAP laws all over the country this year. The anti-choice lawmakers in Indiana, Virginia, North Carolina, and Texas are all also currently considering these type of abortion clinic restrictions.

Health

Alabama GOP Moves Closer To Shutting Down The Last Abortion Clinics In The State

Anti-choice Republicans in Alabama are inching closer toward successfully forcing the state’s five remaining abortion clinics to close their doors. On Tuesday, the Alabama House of Representatives approved a bill that would impose complicated, unnecessary restrictions on abortion providers — the exact same type of restriction that is threatening to close Mississippi’s last abortion clinic.

The bill’s sponsor, Rep. Mary Sue McCurkin (R), claims the measure is “truly is a women’s rights bill” because it “protects the right of women having an abortion to have it in a healthy, safe environment.”

But that’s a standard obfuscation in the anti-abortion community. In fact, under the guise of being concerned about women’s safety, anti-choice lawmakers indirectly restrict women’s reproductive rights by subjecting abortion clinics and doctors to burdensome requirements that aren’t placed on other medical professionals. “Ever since we legalized abortion in 1973, there have always been attempts to restrict access to women by overregulation,” Alabama Rep. Patricia Todd (D), who opposes the proposed bill, pointed out during the debate on the House floor.

After three hours of debate, however, the bill ultimately passed by a 73-23 vote. The legislation now heads to the GOP-controlled Senate.

Health

Alabama Republicans Advance Bill To Close Last Five Abortion Clinics In The State

Rep. Mary Sue McClurkin (R), sponsor of HB 57

Republican lawmakers in Alabama took a crucial step on Wednesday towards their goal of shuttering the state’s last five abortion clinics, advancing a bill to the full house that would impose strict requirements on abortion providers.

The bill, the so-called “Women’s Health and Safety Act,” passed the Republican-controlled House Health Committee on Wednesday morning, and could come to vote in the full legislature as soon as Thursday. If passed, it would require clinics to meet certain architectural standards and have a physician present for all abortions — a provision Republicans claim is for the safety of patients, but is in fact a smokescreen designed to make compliance as difficult as possible:

But critics charged the bill sets impossible standards that have little to do with patient safety and that the bill stems from a template created by the pro-life group Americans United for Life.

“This bill targets regulatory standards of architectural structure, equipment and staffing that are totally unnecessary and cannot be met by the clinics,” said Gloria Gray, director of the West Alabama Women’s Health Center in Tuscaloosa. “How does requiring a six-foot hallway make it safer for a woman to have an abortion?”

Among the staffing concerns is a provision which states that only a licensed physician with admitting privileges to a hospital within the same metropolitan area as the clinic be allowed to administer abortion-inducing drugs.

In Tennessee, an abortion clinic that had been open for nearly four decades was forced to close after a similar bill was passed in that state last year. And in neighboring Mississippi, the state’s one and only abortion clinic may have to close its doors after a new law went into effect last year requiring a physician with admitting privileges to be present for all abortions.

Abortion clinics, especially ones in states where taxpayer funding is negligible if it exists at all, don’t often have room in their budgets to pay licensed physicians. The end result — much to the delight of the anti-choice lawmakers who propose these bills — is that clinics fall out of compliance and are forced to close or end their abortion services.

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