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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.

Health

Alabama’s Clinic Escorts Protect Women From Anti-Abortion Protesters Singing ‘Happy Birthday Dead Baby’

As the 40th anniversary of the landmark Roe v. Wade decision approaches, anti-abortion fervor is reaching a fever pitch in some conservative areas. At Alabama’s Women Center for Reproductive Alternatives — one of just a few reproductive health resources in the entire state — anti-abortion protests have been intensifying for the past several months, culminating in at least one arrest and increased numbers of volunteer clinic escorts working to safeguard the women walking to and from the health center.

Since state law requires the Alabama Women’s Center to list the days when abortion procedures might be performed, anti-abortion protesters are able to plan their harassment for days when the women visiting the clinic are likely to be seeking an abortion. The protesters are now monitored by local police officers, and clinic escorts will park women’s cars for them so they can slip into the back door of the clinic to avoid confrontations.

Pamela Watters, one of the women’s health advocates who helps organize clinic escorts, told the Alabama press what the volunteers have been up against since they started escorting women in October:

This week, pro-life protestor Joyce Fecteau, 70, was arrested for assault based on an incident alleged to have happened the week of Christmas. A pro-choice protestor told police that Fecteau sprayed her in the face with what Fecteau says is holy water.

Fecteau told The Huntsville Times that she was spritzing holy water to cleanse the air of smoke from a pro-choicer’s sage smudge, and that the pro-choice protestor walked into the spray. [...]

Pro-choice marchers recalled a particularly painful event last month when a woman whose baby had died en utero was coming to the clinic to have it removed. In an awful coincidence, that was the day, Watters said, when the pro-life demonstrators collected a children’s choir on the sidewalk to sing “Happy Birthday Dead Baby” to anyone driving in.

“Will had to physically restrain the father,” Watters said, nodding to one of the men marching in a pro-choice jacket. “And by the time she walked through them, she was an emotional wreck.”

Even though Roe has guaranteed women’s constitutional right to an abortion for nearly 40 years, the case study in Alabama highlights the anti-choice activity that works to undermine legal abortion services at the state level. Alabama already places some of the nation’s most stringent restrictions on women who seek abortions. Women are required to receive counseling intended to talk them out of terminating their pregnancy, undergo a 24 hour waiting period, and take a mandatory ultrasound. Late term abortions are not permitted, and insurance plans in the state’s health exchange won’t cover abortion services. Nonetheless, anti-abortion activists aren’t satisfied — they also want to physically and emotionally intimidate the women coming and going from women’s health clinics.

Over the past two decades, incidents of violent harassment at abortion clinics have been on the rise. Research suggests that restrictive abortion legislation — such as the multiple anti-choice laws in Alabama — could contribute to the issue by creating a hostile environment and encouraging anti-abortion activists’ fervor. In some cases, anti-abortion harassment has actually gotten so bad that it has forced health clinics to close their doors.

Politics

Alabama Lawmaker To Introduce Bill Arming Teachers, Despite Opposition From School Officials

An Alabama lawmaker plans to introduce a bill to arm teachers and principals next week, despite the opposition of school administrators. State Rep. Kerry Rich’s (R) proposal would “allow superintendents to recommend certain principals and teachers to have guns at school” but does not seem to provide for the training necessary to handle the firearms:

“I know that teachers, probably some of them, would feel comfortable with a weapon if we put them in a safe,” said Hugh Taylor, the new DeKalb County Schools superintendent. “But you’re talking about training, and I’m afraid if we put a gun in every teacher’s classroom, that we may run into some issues. [...]

Fort Payne City Schools Superintendent Jim Cunningham said teachers went into the profession to “teach,” and, “I daresay they would feel that they were not trained or ready for that situation.”

“I really think if we’re looking to have armed personnel in the school system, then the correct way to do that is through a school resource officer — someone that’s trained in law enforcement. “I fear that arming individuals or administrators or teachers is a responsibility and a liability that school systems do not want to assume at this time. We don’t have the training or the background or the knowledge to be police officers; we’re educators.

Efforts to turn teachers into gun carriers have popped up across the country in the aftermath of the shooting at Sandy Hook Elementary in Connecticut. Unfortunately, there is little evidence to suggest that armed teachers would be able to stop a gunman using high-capacity clips and semi automatic weapons.

Health

Alabama Legislator Wants To Get Rid Of Her State’s Anti-Gay, Abstinence-Only Education Policy

State Rep. Patricia Todd (D)

Alabama State Rep. Patricia Todd (D), the state’s first openly gay legislator, is once again introducing a bill to repeal the state’s 1992 sex education law, which requires teacehrs to teach that homosexuality is illegal and that “abstinence from sexual intercourse outside of lawful marriage is the expected social standard.” Todd pre-filed the bill ahead of the 2013 legislative session that will begin on February 5.

If the legislature approves the law, then the Alabama Department of Education would be in charge of establishing the state’s sex education programs instead of the legislature:

“The Department of Education needs to be making those guidelines, not the Legislature,” Todd said.

We need to make sure there is evidence-based education being done in the schools, and all the evidence shows that abstinence-only is not effective.”

The bill would have no effect on the state’s sexual-misconduct law, which makes homosexual acts a Class A misdemeanor, punishable by up to one year imprisonment. But it would strike requirements that teachers emphasize “homosexuality is not a lifestyle acceptable to the general public and that homosexual conduct is a criminal offense.”

Todd sponsored the same bill during the 2012 session along with Republican Rep. Mary Sue McClurkin, but it failed to make it out of committee.

Including Alabama, 37 states currently emphasize abstinence in their sexual health curricula. Alabama is one of 19 states that actually require sex education programs to include information about the importance of sex only within marriage. But considering the fact that the states with abstinence-only policies are facing staggering teen pregnancy rates, some conservatives in Mississippi are beginning to slowly move away from abstinence-only education curricula in favor of including contraceptive options as well.

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