Healthcare Prof:

U.S. District Judge David Coar on Tuesday issued a final judgment reiterating a February 2006 Supreme Court ruling that abortion clinics cannot use federal extortion and racketeering laws to block antiabortion protests, the Chicago Tribune reports (Chicago Tribune, 5/8). The case — Scheidler v. The National Organization for Women — stems from a lawsuit filed in 1986 by the National Organization for Girls and other women’s rights groups against numerous individuals and groups that oppose abortion rights, such as Operation Rescue/Operation Save America and the Pro-Life Action League, alleging the abortion-rights opponents used aggressive and illegal means to protest against and attempt to close abortion clinics.

In 1994, the Supreme Court ruled in favor of NOW, saying that women’s rights groups and abortion clinics could sue antiabortion protesters under the federal Racketeer Influenced and Corrupt Organizations Act even if the advocates did not have an economic motive for their protests. The Supreme Court in February 2003 reversed its previous decision, ruling that the RICO Act could not be applied since the protesters’ actions did not qualify as extortion or racketeering.

The 7th U.S. Circuit Court of Appeals in Chicago renewed the case in 2004 when it did not dismiss the lawsuit on different grounds, saying threats of violence and violent acts might have qualified NOW to sue antiabortion protesters under RICO. Joseph Scheidler, national director of the Pro-Life Action League, appealed the case towards the Supreme Court, saying the appeals court misread the Supreme Court’s 2003 opinion and that the entire case should have been thrown out. The Supreme Court in February 2006 upheld its 2003 ruling (Kaiser Day-to-day Women’s Health Policy Report, 3/1/06).

Ruling, Reaction
Coar’s ruling also lifted injunctions for the Pro-Life Action League and Operation Rescue, also as for defendants Andrew Scholberg and Timothy Murphy. Fay Clayton, an attorney for NOW, said injunctions are not as necessary now as when the case was first filed because the Freedom of Access to Clinic Entrances Act prohibits interfering with women’s access to clinics. Scheidler in a statement said he was satisfied that his right to free speech was upheld (Chicago Tribune, 5/8). He added the Pro-Life Action League is “very happy” the case is finished (Hawkins, AP/Chicago Sun-Times, 5/8).

“Reprinted with permission from http://www.kaisernetwork.org. You can view the whole Kaiser Everyday Well being Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Everyday Well being Policy Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Household Foundation . ? 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Healthcare Prof:

Former New York City Mayor Rudolph Giuliani (R), who is running for the Republican presidential nomination, plans to offer an affirmation of his support for abortion rights in television appearances, public forums and interviews in the coming days, Giuliani’s aides said on Wednesday, the New York Times reports.

Giuliani’s advisers said Republican primary voters would forgive their concerns about him on abortion and other social issues if they concluded that his positions would appeal to Democratic voters and thus make him a stronger candidate. In accordance with his aides, polling has found that a relatively small number of voters would base their vote solely on the issue of abortion. A New York Times/CBS News poll conducted in March found that 41% of Republicans thought abortions should be prohibited, compared with 23% of U.S. residents in general. The poll also found that 53% of Republicans said they wanted a Republican presidential nominee who would make attaining abortions more difficult.

According towards the Times, Giuliani’s campaign also is considering a strategy that would focus on primaries where his abortion-rights position is more likely to be accepted among voters, including a potential late January Florida primary as well as the Feb. five primaries in California, New York and New Jersey. Giuliani’s advisers said that they are going to not abandon efforts inside the early primary states of Iowa, New Hampshire and South Carolina but added that recent events have shown that states with later primaries are better suited for a moderate Republican, the Times reports.

Comments
“Conventional wisdom says he can’t” win the Republican nomination, Mike DuHaime, Giuliani’s campaign manager, said, adding, “But we believe that based on his record in New York City, based on his leadership when America was tested on Sept. 11, that he can.” Rich Lowry, editor of National Review, said, “You can’t win [the Republican nomination] as a pro-choicer who is going to deliberately set on challenging the party’s orthodoxy on the issue.” He added that Giuliani’s stance “doesn’t have to take him down, but if he continues to mishandle it, it’s going to be a real problem for him” (Nagourney/Santora, New York Times, 5/10).

John Weaver, strategist for Sen. John McCain (R-Ariz.), who also is running for the Republican presidential nomination, stated in a telephone interview that Giuliani is “well outside the mainstream of rank-and-file Republicans on [abortion], not only as someone who is pro-abortion, but someone who has supported 1 of the most radical pro-abortion groups in the country” (Finnegan, Los Angeles Times, 5/9).

Giuliani in Huntsville, Ala., on Wednesday said, “Ultimately, there has to be a right to choose,” adding that he is “at peace” with the knowledge that some Republican voters will not vote for him based on his abortion-rights position (New York Times, 5/10).

Romney Receives Award From Antiabortion Group; Discusses Wife’s Planned Parenthood Donation
In other news, former Massachusetts Gov. Mitt Romney (R), who also is seeking the Republican nomination, on Thursday after receiving an award from Massachusetts Citizens for Life, which opposes abortion rights, declared himself amongst the “converts” with the movement to outlaw abortion, the Boston Globe reports. “I am evidence that your perform, that your relentless campaign to promote the sanctity of human life, bears fruit,” Romney stated at the ceremony, adding, “I do follow … a long line of converts.” Kevin Jourdain — council member of Holyoke City, Mass., and chair of the Pioneer Valley chapter of Massachusetts Citizens for Life — stated antiabortion groups should rally around Romney. “The whole purpose of the pro-life movement is education and conversion,” Jourdain said, adding that Romney is “part with the conversion. We should applaud him. We should celebrate him” (Mishra, Boston Globe, 5/11).

A coalition of conservative advocates — including the leaders with the Pro-life Federation of Michigan, the Michigan Conservative Union and Massachusetts Resistance — in a statement released on Thursday criticized Romney’s previous position on abortion rights, his wife’s 1994 donation Planned Parenthood League of Massachusetts and a universal wellness care bill he signed into law that provides taxpayer-funded abortions in Massachusetts. The group in a statement stated, “His commitment towards the pro-life cause has been called into question because of his frequently changing position on the issue of abortion and his signing into law a bill that provides taxpayer-funded abortion in Massachusetts” (Johnson, AP/Foster’s Everyday Democrat, 5/11).

Romney on Wednesday stated reports that his wife donated $150 to PPLM in 1994 are true and not surprising given his position on abortion at the time, the AP/Northwest Florida Daily News reports. “I was effectively pro-choice at that time,” Romney stated, adding that he had changed his view on abortion during the debate over human embryonic stem cell research and human cloning (Glover, AP/Northwest Florida Daily News, 5/10).

Spokesperson for PPLM Angus McQuilken declined to comment on the donation (Helman, Boston Globe, 5/10). Lisa Dacey, spokesperson for the Planned Parenthood Advocacy Fund, stated, “There’s no shortage of irony here,” adding that Romney “is somebody who will say anything and adjust his mind a great deal to get elected. He did that here in Massachusetts, and we have no doubt he will do that inside the presidential race too.” Romney spokesperson Kevin Madden stated the former governor’s “position has changed within the right direction” on the issue (Johnson, AP/Boston Herald, 5/9).

NPR’s “All Things Considered” on Thursday reported on Giuliani’s position on abortion rights. The segment includes comments from Giuliani; Republican strategist Whit Ayers; and radio host Laura Ingraham (Liasson, “All Things Considered,” NPR, 5/10). Audio with the segment is accessible online.

“Reprinted with permission from http://www.kaisernetwork.org. It is possible to view the entire Kaiser Everyday Well being Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Wellness Policy Report is published for kaisernetwork.org, a free service with the Henry J. Kaiser Family Foundation . ? 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Healthcare Prof:

Safe abortions should be obtainable to ladies in cases of rape or incest or when the well being or life of a pregnant woman is at risk, in accordance with a policy announced Wednesday by the human rights group Amnesty International, Reuters India reports. Amnesty Senior Policy and Campaigns Director Widney Brown stated, “Where girls have unwanted pregnancies as a result of sexual violence, including incest, they should have access to abortions and those abortions should be safe.” She also stated that when a woman has a pregnancy that “may be wanted but there’s a threat to her life or a grave threat to her wellness, then again she should have access to safe abortion.” Brown stated the policy is part of Amnesty’s global campaign to quit violence against girls. Amnesty also is calling for the procedure to be decriminalized. “No women should suffer imprisonment or any criminal penalties as a result of seeking or having an abortion,” Brown stated.

According to Reuters India, Brown emphasized that Amnesty’s policy does not acknowledge abortion as a “fundamental right” for girls since that approach is not supported by international human rights laws. She also said that Amnesty supports the right of states to put “reasonable limitations” on abortion providers and to prosecute those who risk women’s lives by performing unsafe abortions, Reuters India reports.

According to Brown, Amnesty’s board of directors agreed on the policy in April after two years of consultations with experts and the group’s more than 2.2 million members. More than 70 House members last year urged Amnesty to reject the procedure. The U.S. Conference of Catholic Bishops also said that Amnesty would risk its “excellent record as a champion of human rights” if it publicly took a side on the issue, Reuters India reports. Brown disputed allegations made on some antiabortion-rights blogs that Amnesty was trying to keep its policy confidential for fear of causing controversy (Nichols, Reuters India, 5/9).

“Reprinted with permission from http://www.kaisernetwork.org. It is possible to view the whole Kaiser Day-to-day Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Day-to-day Well being Policy Report is published for kaisernetwork.org, a free of charge service with the Henry J. Kaiser Family Foundation . ? 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Healthcare Prof:

The Dublin High Court on Wednesday ruled that a 17-year-old girl who is 18 weeks’ pregnant with a fetus that would not live more than three days after delivery could travel towards the United Kingdom to undergo an abortion, the Irish Times reports (Carolan/O’Brien, Irish Times, 5/10). In accordance with the AP/Guardian, physicians last month found that the fetus with the girl, identified as “Miss D,” has a rare condition known as anencephaly, in which it could be born without a part of its skull and would die soon after birth. After learning with the abnormality, Miss D sought an abortion. Abortion is illegal in Ireland except to save the life of the woman, but voters in 1992 amended the Irish constitution to make it legal for women to receive information about foreign abortion services and to travel to England to undergo an abortion, where the procedure has been legal because 1967. About 7,000 Irish women annually travel to England to receive an abortion, the AP/Guardian reports (Pogatchnik, AP/Guardian, 5/9).
The Irish Health Service Executive had told Miss D that she could not travel to have an abortion without its consent and that it could restrain her using force, if necessary (Irish Times, 5/10). Justice Liam McKechnie ruled that there is no law preventing Miss D from leaving the country to receive an abortion. McKechnie added that the case is not about abortion or the fetus’ right to live but about Miss D’s right to travel (McKittrick, Independent, 5/10). The HSE will likely be required to pay Miss D’s legal fees, which are estimated to be 1 million euros, or about $1.three million.

Reaction
The HSE on Wednesday accepted the ruling but stated it took what it believed to be the correct course of action. An HSE spokesperson said the agency “regrets any distress arising for Miss D and her family. The matters at issue were not straightforward or simple in ascertaining this girl’s best interests.” The agency “will continue to offer Miss D all the care and support which it is in a position to make obtainable,” the spokesperson stated. In accordance with the Times, the agency has not ruled out an appeal of part of the ruling.
Abortion-rights supporters and opponents both demonstrated outside the court on Wednesday. In accordance with the Times, the Irish Family Planning Association as well as the Alliance for Choice both supported the decision (Irish Times, 5/10). The IFPA said it was unacceptable that there is no legal framework on abortion inside the country. The antiabortion group Pro-Life Campaign said the controversy surrounding the case is actually a sign that folks in Ireland “recognize the importance of discussing [abortion] openly,” adding that the case also highlighted a need to put into place a support system “so that no woman feels abortion will be the only option open to her” (Independent, 5/10).

“Reprinted with permission from http://www.kaisernetwork.org. You’ll be able to view the entire Kaiser Daily Health Policy Report, search the archives, or sign up for e-mail delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Every day Wellness Policy Report is published for kaisernetwork.org, a totally free service of the Henry J. Kaiser Family Foundation . ? 2005 Advisory Board Company and Kaiser Family Foundation. All rights reserved.

Healthcare Prof:

4.67 (3 votes)

Comments made by Pope Benedict XVI on Wednesday about potential excommunication of Catholic Mexico City legislators who voted for a law that allows pregnant ladies to obtain a legal abortion during the first 3 months’ gestation have “caused a stir” inside the Roman Catholic Church, Reuters reports (Pullella, Reuters, 5/10). The pope during a news conference on Wednesday on a plane trip from Rome to Sao Paulo, Brazil, when asked whether he agreed with excommunication for the lawmakers replied, “Yes, this excommunication is not something arbitrary” (Wilkinson, Los Angeles Times, 5/11).

The pope also said that Mexican bishops who supported excommunication with the legislators “simply announced publicly what is contained within the law with the church, … which expresses our appreciation for life and that human individuality, human personality is present from the first moment” (Kaiser Daily Women’s Wellness Policy Report, 5/10). In accordance with the Reuters, the Vatican spokesperson after the news conference stated that neither the Mexican bishops nor the pope had excommunicated anyone and that the pope had not threatened any excommunications (Reuters, 5/10). Based on the Los Angeles Times, the comments from the spokesperson, Father Federico Lombardi, led reporters to believe that the pope meant to say the legislators had excommunicated themselves and could not receive communion.

The Vatican’s official transcript of Benedict’s comments, released on Thursday, did not fully correspond to his original words, the Los Angeles Times reports. (Wilkinson, Los Angeles Times, 5/11). The official transcript eliminated the “Yes, this” in his initial response to whether he supported the excommunication, as well as references to the Mexican bishops. Lombardi stated it is customary for the Vatican’s Secretariat of State to “review and clean up” the pope’s unprepared remarks prior to publication (Reuters, 5/10). The pope on Sunday in a speech to Latin American bishops in Aparecida, Brazil, stated laws that permit abortion and contraception are “threatening the future of peoples” (Fisher/Rohter, New York Times, 5/14).

Reaction
“What seems to be clear is that the pope personally thinks that Catholic politicians who support abortion rights should not receive communion,” John Allen, author of numerous books on the Catholic Church, stated. He added, “This clearly emboldens bishops who have taken a hard line against Catholic pro-choice politicians, but it remains to be seen if there will probably be a disciplinary follow-through or whether individual bishops still decide who can receive communion.” George Weigel — senior fellow at the Ethics and Public Policy Center in Washington, D.C., and leading U.S. Catholic theologian — said, “Catholic politicians who think they can remain part with the church after supporting abortion are putting a lie on top of the original offense against justice” (Reuters, 5/10).

NPR’s “Morning Edition” on Friday reported on Benedict’s speech in Sao Paulo. The segment includes excerpts of the speech and comments from audience members (McCarthy, “Morning Edition,” NPR, 5/11). Audio of the segment is available online.

“Reprinted with permission from http://www.kaisernetwork.org. You can view the whole Kaiser Every day Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Day-to-day Health Policy Report is published for kaisernetwork.org, a totally free service of the Henry J. Kaiser Loved ones Foundation . ? 2005 Advisory Board Company and Kaiser Family members Foundation. All rights reserved.

Healthcare Prof:

4.2 (5 votes)

Eighteen House Democrats, led by Rep. Rosa DeLauro (D-Conn.), on Monday in a statement responded to comments made by Pope Benedict XVI on Wednesday about potential excommunication of Roman Catholic Mexico City legislators who voted for a law that allows pregnant women to obtain a legal abortion during the first three months’ gestation, The Hill reports (Kaplan, The Hill, 5/15). The pope during a news conference on Wednesday on a flight from Rome to Sao Paulo, Brazil, when asked whether he agreed with excommunication for the lawmakers replied, “Yes, this excommunication is not something arbitrary.”

The pope also said that Mexican bishops who supported excommunication of the legislators “simply announced publicly what is contained within the law of the church, … which expresses our appreciation for life and that human individuality, human personality is present from the first moment.” A Vatican spokesperson after the news conference stated that neither the Mexican bishops nor the pope had excommunicated anyone and that the pope had not threatened any excommunications. Comments from the spokesperson, Father Federico Lombardi, led reporters to believe that the pope meant to say the legislators had excommunicated themselves and could not receive communion.

The Vatican’s official transcript of Benedict’s comments, released on Thursday, did not fully correspond to his original words. The official transcript eliminated the “Yes, this” in his initial response to whether he supported the excommunication, at the same time as references towards the Mexican bishops. Lombardi said it is customary for the Vatican’s Secretariat of State to “review and clean up” the pope’s unprepared remarks prior to publication. The pope on Sunday in a speech to Latin American bishops in Aparecida, Brazil, said laws that permit abortion and contraception are “threatening the future of peoples” (Kaiser Daily Women’s Health Policy Report, 5/14).

Statement, Reaction
The Democratic lawmakers within the statement stated, “We are concerned with the pope’s recent statement warning Catholic elected officials that they risk excommunication and would not receive communion for their pro-choice views.” They added, “Advancing respect for life and for the dignity of every human getting is, as our church has taught us, our own life’s mission.” The suggested penalty “offend(s) the very nature of the American experiment and do(es) a great disservice towards the centuries of good work the church has done,” the statement said.

According to The Hill, the statement “mirrors” a Catholic “statement of principles” released last year that 55 Democrats — such as House Speaker Nancy Pelosi (D-Calif.) — signed. The statement of principles says that the lawmakers agreed with the Catholic Church’s “undesirability of abortion” and that each member “is committed to reducing the number of unwanted pregnancies and creating an environment with policies that encourage pregnancies to be carried to term.” Reps. Bart Stupak (D-Mich.) and Jim Langevin (D-R.I.), who oppose abortion rights, also signed the statement of principles.

Mary Ann Walsh, spokesperson for the United States Conference of Catholic Bishops, said the decision to withhold sacraments is made by individual bishops. Jon O’Brien, executive director of Catholics for a Free of charge Choice, said, the pope “is still putting dogma ahead with the lived reality with the Catholic laity; … it will only push Catholic politicians further form the institutional church” (The Hill, 5/15).

“Reprinted with permission from http://www.kaisernetwork.org. You are able to view the whole Kaiser Every day Health Policy Report, search the archives, or sign up for email delivery at http://www.kaisernetwork.org/dailyreports/healthpolicy. The Kaiser Daily Health Policy Report is published for kaisernetwork.org, a cost-free service with the Henry J. Kaiser Household Foundation . ? 2005 Advisory Board Company and Kaiser Family members Foundation. All rights reserved.

Healthcare Prof:

Former New York City Mayor Rudy Giuliani, who is running for the Republican presidential nomination, on Friday in a speech to students at Houston Baptist University said his view about abortion is guided by “two pillars” of thinking, the New York Times reports.

“One is I believe abortion is wrong,” Giuliani stated, adding, “I think it is morally wrong, and if I had been asked my advice by someone who was considering abortion, I would tell them not to have the abortion.” However, he added that his personal opposition to the procedure does not allow him to force that position on individuals who disagree with him, adding, “So therefore I would grant women the right to make that choice” (Santora/Nagourney, New York Times, 5/11). He also said that he is “open to seeking ways of limiting abortion” and “open to decreasing abortion” (Balz/Moreno, Washington Post, 5/13).

Giuliani in an interview on Fox News Sunday said he does not have a “litmus test” for choosing future Supreme Court judges, adding that he would not rule out choosing a judge known to be an opponent of abortion rights if he “thought that on 20 other issues they could be terrific” (Gordon, Long Island Newsday, 5/14). Giuliani said his Supreme Court nominees would be “free to take a look” at the “limitations” of Roe v. Wade, the 1973 U.S. Supreme Court case that effectively barred state abortion bans. He added, “But I believe I should leave it to them to decide that” (Schouten, USA Today, 5/14).

Giuliani’s advisers last week stated that they believe Republican primary voters would forgive their concerns about him on abortion and other social issues if they concluded that his positions would appeal to Democratic voters and thus make him a stronger candidate. Giuliani’s campaign also is considering a strategy that would focus on primaries where his abortion-rights position is more likely to be accepted amongst voters, such as a potential late January 2008 Florida primary and also the Feb. five, 2008, primaries in California, New York and New Jersey (Kaiser Daily Women’s Wellness Policy Report, 5/11).

Comments
Former House Speaker Newt Gingrich (R-Ga.) on Friday stated that Giuliani’s support for abortion rights will make it difficult — but not impossible — for him to win the Republican presidential nomination, the Dallas Morning News reports. “Whether or not … Giuliani can navigate that zone, I don’t think we know yet,” he said, adding that the party “would like to find a very strong leader who would be acceptable to the party and at the same time could be capable of winning the election next year” (Slater, Dallas Morning News, 5/12).

Fran Reiter — who was New York’s deputy mayor for economic development and planning during Giuliani’s first administration and who supports abortion rights — said she is “ashamed” of Giuliani, adding, “I feel a certain betrayal.” Giuliani adviser Jim Dyke responded by saying that Giuliani’s “position doesn’t fit into a sound bite or on a bumper sticker,” adding that Saturday’s speech was designed “to let folks have a clear understanding of where he stands and what this pro-choice Republican would mean as president” (Washington Post, 5/13).

Broadcast Coverage
Numerous broadcast programs recently reported on candidates’ stances on abortion. Summaries appear below.