Population Matters

20 Week Abortion Ban? Not so Fast

January 22nd, 2015

This day in 1973 the U.S. Supreme Court announced their ruling on the landmark case Roe v. Wade legalizing abortion nationwide. While Roe should have been the end of the fight, it was, unfortunately, just the beginning of a long drawn out war over women’s reproductive rights. Forty-two years later abortion opponents are still chipping away at women’s access to abortion, and, with the momentum provided by the election, they were prepared to seize the initiative.

In response to pleas from anti-abortion advocates, House leaders planned on bringing a proposed 20 week abortion ban to the House floor today, just one of six anti-abortion bills introduced in the first seven days of the new Congress.

But, suddenly, the political momentum has slowed.

The President earlier this week vowed to veto the 20 week ban if it were to reach his desk saying:

The Administration strongly opposes H.R. 36, which would unacceptably restrict women’s health and reproductive rights and is an assault on a woman’s right to choose. Women should be able to make their own choices about their bodies and their health care, and Government should not inject itself into decisions best made between a woman and her doctor.

But it turns out that President Obama is not alone in his opposition to the proposed 20 week ban. In what must have been a surprise to Speaker Boehner, there was dissent within the House Republican Conference. Some Republican women pulled support for the bill due to the limited nature of the rape exception. While the bill does allow for an exception to be made in the case of rape and incest, it requires that the rape or incest be reported to law enforcement before the woman attempts to access abortion care. This is problematic because according to the Department of Justice the majority of women who have been victims of rape do not report their rape to law enforcement.

Ultimately, the House leadership listened to the dissent and, temporarily at least, pulled the proposed abortion ban from floor consideration. It appears that House leaders may be beginning to understand the negative optics of going directly at abortion using narrow rape exceptions. I wish I could celebrate this as good news, but the House leadership could not let the anniversary of Roe v. Wade go by without some kind of attack on reproductive rights.

Instead of the 20-week ban, the House voted today on H.R. 7, the No Taxpayer Funding for Abortion Act, and it passed 242-179. This bill would prevent federal funding for abortion services for women in the military, civil servants, Peace Corps volunteers, women who live in Washington, DC, and women who have Medicaid coverage. The bill also codifies the Hyde amendment, which bans, with very limited exceptions, federal funding of abortion. The bill would also prevent private health insurance from covering abortion services if the plan received any subsidies or tax credits under the Affordable Care Act. The bill would apply tax penalties to any small business that purchases plans that cover abortion. In doing so, of course, the bill would eliminate abortion coverage for the poorest and most vulnerable women. The President has already issued a veto pledge saying:

The legislation would intrude on women’s reproductive freedom and access to health care; increase the financial burden on many Americans; unnecessarily restrict the private insurance choices that consumers have today; and restrict the District of Columbia’s use of local funds, which undermines home rule… The Administration strongly opposes legislation that unnecessarily restricts women’s reproductive freedoms and consumers’ private insurance options.

But the President’s veto power only goes so far. While the twenty week ban and HR7 have no chance of becoming law under President Obama, the state level assaults on reproductive rights continue, and abortion opponents have been successful in passing a growing number of abortion restrictions.

The Population Institute’s recent 50-state report card on reproductive health and rights awarded 15 states a failing grade (“F”). Many of these states, have cut funding for contraceptive services and approved targeted regulations of abortion providers (“trap”) laws that, in addition to curbing abortion access, have shut down family clinics providing contraceptive services. Several of these states have also blocked the proposed expansion of Medicaid under the president’s Affordable Care Act, which further reduces access to contraception.

The outcome of the 2014 election ensures that the state level assault on reproductive rights will continue unabated, and, as a result more family planning clinics will close this year and still more women will lose access to reproductive health services, including contraceptives services. That’s inevitable. But so is the political backlash. Stay tuned.

Posted by Jennie Wetter, Director of Public Policy

Reproductive Health: The Battle Resumes

January 22nd, 2015

With the convening of the new Congress, the fight over reproductive health and rights has been renewed, and members of the new Congress are not wasting any time in drawing the battle lines. Reps. Trent Franks (R-Ariz.) and Marsha Blackburn (R-Tenn.) reintroduced legislation this week to stop women from terminating pregnancies after 20 weeks.

The proposed abortion ban is part of a much larger, ongoing struggle over reproductive health and rights in America. This week the Population Institute released its third annual 50 state report card on reproductive health and rights in the U.S., and the results were mixed. The U.S. as a whole received a “C” for 2014, a slight improvement over last year’s grade (“C-“), but 15 states received a failing grade, and several states recorded a lower score or grade in 2014.

Nationally, we saw some notable improvements in reproductive health last year. The reported teenage pregnancy rate, while still high, continued to decline, and thanks to the Affordable Care Act, more women were insured and able to access contraceptive services without a required co-pay. Those advances are largely responsible for the slight improvement that we see in the national grade for 2014. At the state level, however, there were some major setbacks for reproductive health and rights. Several states enacted arbitrary abortion restrictions that will likely lead to the closure of more family planning clinics, making contraceptive services more difficult to access. Other states approved further cutbacks in funding for family planning clinics, and just as importantly 23 states still reject the expansion of Medicaid coverage called for by the Affordable Care Act, effectively denying millions of women improved access to contraceptive services.

Unfortunately, next year’s report card could look a whole lot worse. If the U.S. Supreme Court overturns key sections of the Affordable Care Act or Congress repeals it altogether, millions of women could be forced to pay a lot more for their contraceptive coverage. And if Congress slashes or eliminates funding for Title X, the federal program that provides family planning services to low-income households, millions of women could suffer a loss of contraceptive services.

We are also likely to see more setbacks at the state level. If more states cut funding for family planning clinics or more states impose arbitrary restrictions on birth control clinics providing abortion services, more clinics will close and more women will have to travel long distances to get access to family planning services. The threat of clinic closures today is very real. The political attacks on Planned Parenthood are taking a toll and, contrary to the stated intention of the attackers, the practical effect will be more abortions, not fewer.

Using nine criteria, the Institute’s report card ranked each of the 50 states and the District of Columbia. Thirty percent of the grade is based on measures of effectiveness. This includes the latest available data on the teenage pregnancy rate (15% of the score) and the rate of unintended pregnancies (15%). Twenty percent of the grade is based upon prevention. This includes mandated comprehensive sex education in the schools (15%) and access to emergency contraception (5%).

Thirty percent of the grade is based upon affordability. This includes whether states are expanding Medicaid under the Affordable Care Act (10%), Medicaid eligibility rules for family planning (10%), and funding for family planning clinics serving low-income families (10%). The final 20 percent of the grade is based upon clinic access. This includes abortion restrictions (10%) and percent of women living in a county without an abortion provider (10%).

Based upon their scores, each state received a “core” grade (A, B, C, D or F), but some states received an additional “plus” or a “minus” for factors not reflected in the core grade, such as pending regulations or legislation.

Only 17 states received a B- or higher. Just four states (California, New Mexico, Oregon and Washington) received an “A”. Fifteen states received a failing grade (“F”). States receiving a failing grade included Alabama, Idaho, Indiana, Kansas, Louisiana, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Virginia, and Wyoming.

Last year could have been a great victory for women’s reproductive health with tumbling teen pregnancy rates and increased access to reproductive health care for women under the Affordable Care Act. Unfortunately, setbacks at the state level negated some of the gains.

The reported teen pregnancy rate continued its historic drop, a 51% decline since its 1990 peak and a 15% drop between 2008 and 2010. But despite the drop, America’s teenage pregnancy rate is still higher than other industrialized nations and nearly half of all pregnancies in the U.S. are unintended. To change this we must ensure that all women, including young women, have access to affordable reproductive health services and that young people receive comprehensive sex education in the schools.

America, however, could be headed in the wrong direction. With the makeup of the new U.S. Congress, the cases pending before the Supreme Court, and more setbacks anticipated at the state level, the outlook for 2015 is not positive. While the teen pregnancy rate will hopefully continue its historic fall, millions of women could experience reduced access to contraceptive services in the next year. We should not let that happen.

This blog by Population Institute President Robert Walker originally ran on January 8, 2015 on The Huffington Post