“Obama Standoff,” or To Coin a Phrase – Revised

We used to call it a “Mexican standoff,” but that could be considered bigoted these days. Or at least non-PC.

“Obama Standoff”  is a better description for a specific condition – one that’s becoming more common and hitting us more frequently. In the “Obama Standoff,” the Obama administration demands that Texas, some other State, or any individual or organization of individuals with a conscience,  violate their own laws, Constitution, or conscience – threatening to withhold Federal tax money, fine, or break that law himself if others don’t comply.

Unbelievably, Obama’s Secretary of Health and Human Services, Kathleen Sebelius visited Houston today and announced – on the Friday before the funding for Texas’ Women’s Health Program expires on Wednesday, March 14 – that she is going to deny renewal of the Medicaid waiver. She did this *before* notifying the State or the Commissioner! See the Governor’s announcement in response, here. http://governor.state.tx.us/news/press-release/17025/ )

The Obama Administration doesn’t even care that there will be no meeting of the Texas Legislature until January 2013. Of course, this is the Constitutional scholar in the White House who ignored the meaning of “recess appointment” in January. Why should he honor concepts like the Legislature makes laws and the Executive Branch must follow them?

It doesn’t matter that Texas has had the same law for 10 years  any more than it matters that the Catholic Church has opposed contraception for thousands of years. It doesn’t matter that physicians have defended the right to follow their consciences for 2500 years, since Hippocrates’ oath was adopted by the Profession.

Why should they? They don’t care that the First Amendment guarantees the free expression of religion — to “establishments of religion,” by the way!

In a particularly unconscionable moment, one Obama Administration official told representatives of religious organizations that they had a year to reconcile – with Obama, not with God.

And they certainly don’t understand, much less care, what a “conscience” is other than some roadblock in their goal to control and force every doctor to be complicit with ending human life – or at least make sure to move next door to someone who will.

To paraphrase C. S. Lewis: We laugh at honor and are surprised to find treachery among us.

“Women Speak for Themselves” up to 4 pages

The list of women who have asked to co-sign the open letter to President Obama and Secretary Sebelius is still growing. Have you signed up?
There’s a button on the top of the page, just fill in your name and State, more information is optional. You, too, can say,

Here We Are!

@GovernorPerry appointed me to Texas Institute for Health Care Quality and Efficiency

I can’t say the whole name of the Institute in one breath, so I alternate between calling it “the Institute,” or “tick” for “TIHCQE.”

TIHCQE will make recommendations to the Texas Legislature on how to measure quality and efficiency and help bring innovation to cut costs while still taking care of our Medicaid patients, those who have State health plans, and future “health care collaboratives” or HCC’s. The latter could be the Accountable Care Organizations that are laid out in the Accountable Care Act (“Obamacare”), or something brand new in Texas.

Anyway, I sent out this notice this morning:

For immediate release:
Reference: http://governor.state.tx.us/news/appointment/17014/

Governor Rick Perry Appoints Beverly B. Nuckols, MD, FAAFP, to Texas Institute for Health Care Quality and Efficiency

Austin, Texas – Texas Governor Rick Perry has appointed New Braunfels Family Physician, Beverly B. Nuckols, MD, FAAFP, to the Board of Directors of the Texas Institute for Health Care Quality and Efficiency, for a term to expire January 31, 2013.

The 82nd Legislature created the Texas Institute for Health Care Quality and Efficiency as part of Senate Bill 7.  The Institute is charged with improving health care quality, accountability, education and cost to the state by encouraging health care provider collaboration, effective health care delivery models and coordination of health care services.

Nuckols, a board certified family physician in private practice, has lived in New Braunfels with her husband, Larry, since 1993. She is a member of the Texas Medical Association, American and Texas Academies of Family Physicians, and the Comal County Medical Association. Nuckols serves on the Board of Directors for Texas Alliance for Life, New Braunfels Options for Women and is the Chair of the Family Medicine Section of the Christian Medical and Dental Association. She has served as a member of the National Advisory Committee on Violence Against Women and the Texas Association Against Sexual Assault, and a board member of the Comal County Women’s Shelter and New Braunfels Hospice.

Nuckols received a bachelor’s degree from the University of Texas at Tyler, and completed medical school and family practice residency at the University of Texas Health Science Center in San Antonio.  She received a Masters in Bioethics in 2007 from Trinity International University in Deerfield, Illinois.

—End—

Texas Governor Perry Pushes Back (Family Planning, Women’s Health and PP)

Governor Rick Perry is pushing back against the Obama Administration’s threat to kill our Texas Women’s Health Program due to law passed by the Legislature last June. The Governor’s office has produced 4 new videos (one of which includes me) explaining that the State is prepared to ensure that women are able to access continuing comprehensive care under these programs.

If you only have time for one, watch Carol Everett’s video in which she relates that the Commissioner of Health and Human Services has identified 2500 doctors willing to participate with the Well Woman Program and Texas’ Family Planning, even in rural areas where there has never been a Planned Parenthood clinic. There are also videos from former Waco PP Executive Director Abby Johnson, Texas Alliance for Life’s Executive Director Joe Pojman, Ph.D., and me.

The videos can be viewed at the Governor’s YouTube page and via the Office of the Governor website. They are the beginning of a series of announcements and news releases in hopes of convincing the Obama Administration and Secretary Sebelius to preserve these programs. Time is short as the current Medicaid waiver is due to expire at the end of March.

Stop and think about it: What the media is reporting as a single crisis is really the effect of two separate events. One is the cut in funding to Family Planning that went into effect in October,  along with many other cuts that were made in order to balance the State budget according to the Texas Constitution while paying for Medicaid for children and education.  The second is what is happening in a few clinics that are partners with other clinics that do abortions and are panicking because they are about to lose State funds.

Where are the reports about the thousands of providers who have agreed to see patients under both these programs?

The media is also acting as though the law prohibiting anyone who performs or refers to abortions, or who is a business partner with an abortion provider is brand new or that the Governor got up one morning and changed the law. No, the House and Senate of the 82nd Texas Legislature deliberated for months on Medicaid funding, including the best way to provide care under the Family Planning Title X funds and the Medicaid funded Women’s Health Program. They continued the old prohibition on funding affiliates.

The only change is that the Attorney General has clarified that “affiliates” include organizations that are part of the same national corporation.

The media and President Obama also ignore that the legislature won’t meet until January, 2013, so there is no way to change the law that appropriates State Tax funds.

Don’t say I didn’t warn you: I was nervous as I could be and I spent too much time giving a list of my credentials. But if you’re brave, here’s my video.

Update on Texas, Contraception, and Women Who Vote (and blog)

Over the weekend, there were more op-eds published in online magazines and newspapers all over the Internet championing women’s “right” to contraceptives and nearly everyone of them tied that “right” to the “right” to obtain an abortion. Search the news on “Texas contraception politics” and you’ll find a few dozens of articles published repeatedly in newspapers across the Nation. They often begin discussing cuts in State funding for contraception and move straight to the theme that mean old Republicans in Texas just don’t want to pay for abortions.

Yes, we don’t want to pay for abortions or support corporations that do them. That is our “choice.”

However, the reality is that Texas Legislators had no choice other than to cut spending. Where is the money going to come from?

Texas also cut money to train resident doctors – the future family doctors, OB/Gyns and pediatricians because there was not enough money. But I don’t see any articles on “The war against physician workforce.”

The only way to raise money would be to raise taxes. In order to raise taxes, we would have to have a vote to change our Constitution. I, for one, would vote “no.”

Everyone – including the Obama Administration – ignores the fact that Texas’ part-time Legislature will not meet again until January 2013, so there won’t be a chance to change the funding until after the November election.

Please notice the hateful tone of many of the blogs, op-eds and especially the readers’ comments and letters to the editors. And note that they always focus in on abortion – and that even the National articles narrow in on Texas. The truly mean comments claim that Republicans hate women. Some articles are even titled, “. . . War on Women,” and “When States Abuse Women.” One of the “War on Women” articles was published in the UK’s Guardian.

Women vote in Texas. We believe that life begins at fertilization and that every human being is endowed by our Creator with the right to life.

And we sure don’t have extra money to pay higher taxes. How hard is that concept to understand?

Here are the women – thousands of us

Earlier, I linked to an “Open Letter to President Obama, Secretary Sebelius and Members of Congress.” There are now about 2000 names of women from all over the country who volunteered to add their “signature” to the letter. I believe that more will be added, since I received a response from the organizers on March 3, but can’t find my name on the list.

Here is the “Open Letter” in full:

OPEN LETTER TO PRESIDENT OBAMA, SECRETARY SEBELIUS AND MEMBERS OF CONGRESS

DON’T CLAIM TO SPEAK FOR ALL WOMEN

We are women who support the competing voice offered by Catholic institutions on matters of sex, marriage and family life. Most of us are Catholic, but some are not. We are Democrats, Republicans and Independents. Many, at some point in our careers, have worked for a Catholic institution. We are proud to have been part of the religious mission of that school, or hospital, or social service organization. We are proud to have been associated not only with the work Catholic institutions perform in the community – particularly for the most vulnerable — but also with the shared sense of purpose found among colleagues who chose their job because, in a religious institution, a job is always also a vocation.

Those currently invoking “women’s health” in an attempt to shout down anyone who disagrees with forcing religious institutions or individuals to violate deeply held beliefs are more than a little mistaken, and more than a little dishonest. Even setting aside their simplistic equation of “costless” birth control with “equality,” note that they have never responded to the large body of scholarly research indicating that many forms of contraception have serious side effects, or that some forms act at some times to destroy embryos, or that government contraceptive programs inevitably change the sex, dating and marriage markets in ways that lead to more empty sex, more non-marital births and more abortions. It is women who suffer disproportionately when these things happen.

No one speaks for all women on these issues. Those who purport to do so are simply attempting to deflect attention from the serious religious liberty issues currently at stake. Each of us, Catholic or not, is proud to stand with the Catholic Church and its rich, life-affirming teachings on sex, marriage and family life. We call on President Obama and our Representatives in Congress to allow religious institutions and individuals to continue to witness to their faiths in all their fullness.

 

(Found my name! Add yours!)

Pro-Planned Parenthood against @GovernorPerry

Governor Rick Perry wrote an Editorial about the refusal of the Medicaid waiver for our Women’s Health Program by the Obama Administration. While it appears that very few news organizations actually print the op-ed, many have published their own, and a few reference the Governor’s essay. (A search at Google News on “Women’s Health Program” yields about 100 media posts, more blogs.)

Once again, the comments from the media and readers are derogatory, don’t contain the facts, and very critical of all of us “anti-abortion idiots” (per one commenter at Texas Tribune).

Texas has had law limiting the distribution of Medicaid and the Woman’s Health Program funds to those who perform, refer to, or affiliate with abortion providers for years, and received waivers in the past – even from this Administration – under this law.

The real difference is that this year, the Legislature prioritized funds to providers who provide comprehensive, continuing care at Federal, State, local, and County health clinics.

Yes, there was a renewal of the ban on abortion providers, although PP itself was never mentioned. And, yes, the Attorney General has clarified the meaning of “affiliate.”

However, while a nice side benefit, PP wasn’t excluded because they are PP. They were excluded because the State had to prioritize our funds and PP doesn’t offer comprehensive continuing care. They don’t treat high blood pressure, but Federally Qualified Health Centers do. They don’t treat diabetes, but the health clinic run by the county does. They don’t even write orders for mammograms, they just have a list of clinics that do.

In the last few months, the State has already made contracts and arrangements with other providers for a more efficient use of the limited funds we have. If access is cut, it won’t be for a lack of doctors and clinics – it will be because the Obama Administration doesn’t like the way our Legislature decided to prioritize the funds.

There is no federal law that says that Texas has to make contracts with anyone and everyone. As pointed out by the Governor and in this fantastic letter from the Executive Commissioner of the State Department of Human Services, Tom Suehs, the Social Security Act specifically gives the right to the State Legislatures set preconditions for contracting with the State to provide Medicaid.

Since PP only provides a narrow range of care, they don’t qualify – even though they aren’t mentioned in the law. They don’t treat high blood pressure or diabetes, or even do mammograms.

However, the Obama admin – and all those hateful commenters and editorializers – choose to focus on only one “provider.” The same organization that had 4 illegal abortion clinics shut down in San Antonio. The one that gives directions to facilities that do mammograms, but doesn’t even write prescriptions or give orders for the mammogram lab. The one that Texas is finding surprisingly easy to replace.

Now, our limited State tax dollars will go to Women’s Health Program doctors and clinics where they can receive treatment after being screened.

Exec. Office of President visits WingRight.org

There are several programs that give me information about visits to the website. Sometimes I know the location and even their actual site of the visitor.

Today, around 9:30 AM, someone at the Executive Office of the President (USA) spent 36 seconds viewing WingRight. The entry page was yesterday’s post about the AMA’s endorsement of the repeal of the Independent Payment Advisory Board.

They also visited my posts that mentioned Layoff Lloyd Doggett. This means that they had to do an actual search. There have been other White House and DC visits to individual WingRight.org posts that mention Layoff in the past.

I understand why the WH may have been searching for news on the IPAB. It’s an integral part of the pretense of balancing the budget – or at least decreasing the deficit – through Obamacare. Why is the White House – the Executive Office of the President, no less – so interested in the man responsible for so many teachers being laid off in Texas?

The AMA supports repeal of the Independent Payment Advisory Board (IPAB)

The American Medical Association has published a letter in support of the Congressmen who are attempting to overturn the Independent Payment Advisory Board (IPAB). I’m no longer a member of the AMA, but salute them for this move.

On behalf of the physician and medical student members of the American Medical Association (AMA), I am writing to express our strong support for H.R. 452, which was introduced by Representative Phil Roe, and would repeal the Independent Payment Advisory Board (IPAB). Accordingly, we strongly support the advancement of this important legislation through the Energy and Commerce Committee.
The AMA has consistently expressed its opposition to the IPAB on several grounds. The IPAB puts important health care payment and policy decisions in the hands of an independent body that has far too little accountability. Major changes in the Medicare program should be decided by elected officials. We have already seen first-hand the ill effects of the flawed sustainable growth rate (SGR) physician target and the steep Medicare cuts that Congress has had to scramble each year to avoid, along with the significantly increasing price tag of a long-term SGR solution. Adding additional formulaic cuts through IPAB is just not rational and would be detrimental to patient care, especially as millions of baby boomers enter Medicare.
The experience with the SGR also raises concerns about policy decisions based on projections that require subsequent adjustments to reflect more accurate data. In 2003, Congress had to take action to allow the Centers for Medicare & Medicaid Services to correct $54 billion in projection errors under the SGR target. The IPAB also imposes a rigid budget target that is prone to “projection errors” that would force Congress to produce billions of dollars in offsets due to inaccurate calculations.
We appreciate the need to reduce the federal budget deficit and control the growth of spending in Medicare. However, we believe that this can best be achieved by Congress working in a bipartisan manner to reform the delivery system and improve quality, access, and efficiency. At a time in which Congress is struggling to eliminate the SGR, it does not make sense to allow another rigid formula to be implemented that risks a bigger set of problems for a broader cross-section of Medicare services.
We thank you for your leadership on this issue, and look forward to working with you to repeal the IPAB and preserve access for seniors to their physicians.

British Journal of Medical Ethics: “after-birth abortion”

“1. The moral status of an infant is equivalent to that of a fetus, that is, neither can be considered a ‘person’ in a morally relevant sense.
“2. It is not possible to damage a newborn by preventing her
from developing the potentiality to become a person in the
morally relevant sense.”

The British Journal of Medical Ethics  continues to publish thought exercises that go against common sense and traditional medical ethics, “emphasising” (British spelling) the utilitarian world-view  of today’s “medical ethics,” without the slightest acknowledgment that there might be harm in the act of arguing that not all human beings are “morally relevant persons.”

This month, Alberto Giubilini and Francesca Minerva, redefine “abortion,” “euthanasia,” and “infanticide” in “After-Birth Abortion: Why should the baby live?”

In spite of the oxymoron in the expression, we propose to call this practice ‘after-birth abortion’, rather than ‘infanticide’, to emphasise that the moral status of the individual killed is comparable with that of a fetus (on which ‘abortions’ in the traditional sense are performed) rather than to that of a child. Therefore, we claim that killing a newborn could be ethically permissible in all the circumstances where abortion would be. Such circumstances include cases where the newborn has the potential to have an (at least) acceptable life, but the well-being of the family is at risk. Accordingly, a second terminological specification is that we call such a practice ‘after-birth abortion’ rather than ‘euthanasia’ because the best interest of the one who dies is not necessarily the primary criterion for the choice, contrary to what happens in the case of euthanasia.

The arguments don’t work other than as an example of the logical results of the utilitarian world view that has come to dominate medical ethics and to illustrate what Leon Kass called “The Wisdom of Repugnance,” or the “yuck factor.”

One of the editors, Julian Salvulescu, who believes that values and conscience lead to “a Pandora’s box of idiosyncratic, bigoted, discriminatory medicine,” defends the piece on the grounds that that the ideas are not new.  Indeed, the authors discuss the history of killing babies before and after birth because of medical diagnoses such as Down’s syndrome and after birth due to suffering of the child or the lack of worth placed on the child by his or her mother. The Netherland’s “Groningen Protocol” for active euthanasia of children is mentioned as precedent for government support for their position.

We should let these “expressions” be a warning to us all in these days of increasing government involvement in healthcare. As the authors argue,

“Nonetheless, to bring up such children might be an unbearable burden on the family and on society as a whole, when the state economically provides for their care.”

Freedom of expression and the discussion of even such unpopular ideas do have a place in our world. However, I wonder at an “ethics” journal whose editors claim that their

“Journal does not specifically support substantive moral views, ideologies, theories, dogmas or moral outlooks, over others. It supports sound rational argument. Moreover, it supports freedom of ethical expression.”

Obviously, they do support “sound rational argument” and “freedom of ethical expression”  over “moral views, ideologies, theories, dogmas or moral outlooks.”

At what point would the editors determine that “ethicists” should be censured, corrected or even retrained? Would the Journal publish a “sound rational argument” that advocates the end of “freedom of ethical expression?”

Artificial womb and the right to life

It often seems that we fight increasing de-volition of traditional human and medical ethics with new technological advances. Here’s evidence that sometimes ethics and the understanding of human dignity can or could advance.

hat would an artificial womb mean? Well,according to this futurist,

In immediate terms, the foundations on which a woman’s rights to choose are predicated in Roe v. Wade, namely the issue of fetal viability and the right to privacy (the right not to be pregnant), will be rendered virtually meaningless.  First, once a fetus can be safely and entirely gestated outside of a biological womb, it can be removed from its mother.  Second, ectogenesis means that viability starts with conception.

(by Soraya Chemaly, original at RH Reality Check)

I’m  reminded of a science fiction story about the need to duplicate the normal intrauterine environment  that I read in the 80’s, which ended with the advice, “Use original container.”

However, would we say that or the equivalent to a recipient of a heart or kidney transplant? Or even a diabetes patient?

The interesting argument, here, is that the extra uterine *individual* is recognized as a human being, a being with his or her own humanity.

Enabling vs. Providing “Infrastructure” for Family Planning (and a Map of Government-Funded Family Planning Providers in Texas)

It’s not just right wing, Christian “anti-choicers” (we really prefer to be called “pro-life”) who understand that paying abortion providers and those who refer to them under Medicaid and Title X funds enables them to do abortions. From the Guttmacher Institute:

Title X is a grant program under which funds are distributed to grantees who design and operate their own programs—funding can be targeted to local needs and challenges. Unlike Medicaid, for example, Title X can subsidize the intensive outreach necessary to encourage some individuals to seek services. Furthermore, by paying for everything from staff salaries to utility bills to medical supplies, Title X funds provide the essential infrastructure support that enables clinics to go on and claim Medicaid reimbursement for the clients they serve.

So, whoever receives title X funding is “enabled” to stay in business. In these days of low tax revenues and high demand, shouldn’t Texas only “enable” comprehensive, continuing care?

Unfortunately, Texas representatives of Texas taxpayers found themselves limited in funds this year and we had to prioritize where we allocated Family Planning money. Funding for the Family Planning programs and the Texas Women’s Health Program, which receives Medicaid money, was directed toward programs and doctors that offer continuing, comprehensive care, such as Federally Qualified Health Centers (FQHC), State, County and local clinics and hospitals, and fee for service doctors that participate with Medicaid.

However, in article after article, the law which sets aside money to pay for contraceptives and never mentions Planned Parenthood, is said to have been a weapon in the war on contraceptives and abortion, and in particular, against Planned Parenthood.

Medicaid is supposed to be a health program for the very poor, but Congress has allowed States some flexibility when it comes to the disabled and to pregnant women, through a system of waivers. Texas began our Women’s Health Program in 2007, asking for a waiver to spend funds to screen women for disease, including high blood pressure, diabetes, and even tuberculosis, not just for STD’s, breast cancer and cervical cancer. The program also pays for the prescription and dispensing of contraception – including Natural Family Planning! – to women who are not pregnant or disabled, and who would not otherwise be eligible for Medicaid.

The Obama Administration’s Department of Health and Human Services has refused this year’s request for a waiver to apportion the funds because of the stipulation that the State’s money will not go to affiliates of those who either perform or refer to elective abortions.

Just to be clear, “elective abortions” mean those that are done because the healthy mother carrying a healthy child seeks an abortion, not those done to prevent damage to her health or save her life. “Elective abortions” don’t even include those done in healthy mothers with healthy babies who were conceived through rape or incest. Procedures to treat tubal or ectopic pregnancies are never considered abortions, either “elective” or medical.

The law, HB 7, passed in the Special Session of the 82nd Legislature does not mention Planned Parenthood or any other abortion provider. The text stresses that our State must prioritize how we are to spend our limited tax dollars:

Sec.531.0025. RESTRICTIONS ON AWARDS TO FAMILY PLANNING SERVICE PROVIDERS. (a)Notwithstanding any other law, money
appropriated to the Department of State Health Services for the purpose of providing family planning services must be awarded:
(1) to eligible entities in the following order of descending priority:
(A) public entities that provide family planning services, including state, county, and local community health clinics and federally qualified health centers;
(B) nonpublic entities that provide comprehensive primary and preventive care services in addition to family planning services; and
(C) nonpublic entities that provide family planning services but do not provide comprehensive primary and preventive care services; or
(2) as otherwise directed by the legislature in the General Appropriations Act.
(b) Notwithstanding Subsection (a), the Department of State Health Services shall, in compliance with federal law, ensure distribution of funds for family planning services in a manner that does not severely limit or eliminate access to those services in any region of the state.

(b) Section 32.024, Human Resources Code, is amended by adding Subsection (c-1) to read as follows:
(c-1) The department shall ensure that money spent for purposes of the demonstration project for women ’s health care services under former Section 32.0248, Human Resources Code, or a similar successor program is not used to perform or promote elective abortions, or to contract with entities that perform or promote elective abortions or affiliate with entities that perform or promote elective abortions.

The Texas Tribune has published a map of family planning clinics in Texas, claiming to point out which clinics will stop receiving taxpayer money in March of this year.

The  In Texas, the Legislature has drastically reduced funding for family planning agencies that serve low-income women statewide. There are 41 agencies that receive funding today, down from 71 last year. Those organizations often operate multiple clinics that provide Texans with contraceptives and disease screenings.

Using the most up-to-date information available through the Texas Department of State Health Services, we have mapped out the locations of government-subsidized family planning clinics in 2010, 2011 and 2012. Not only are there fewer contractors each year, but those that receive grants are getting less money. During the 2011 session, lawmakers redirected virtually all state funds that have traditionally gone to family planning services to other programs. Today, nearly all public funding for these clinics comes from the federal government’s four-decade-old Title X program, which is dedicated to family planning.

via Updated: Map of Government-Funded Family Planning Providers in Texas.

Everyone who would like to support those clinics, should send a donation — because the Texas Legislature won’t meet again until January of 2013 and the law can’t be changed until then.

Judge: Washington Can’t Mandate Pharmacists Dispense Plan B | LifeNews.com

A victory – 5 years in the making – for conscience. freedom of religion, and the “free exercise thereof.”

A lower court issued an injunction against the new rules, on the basis that the suit was likely to succeed. In 2009, the Ninth Circuit Court of Appeals overturned the lower court ruling that had temporarily put on hold a requirement for pharmacists to dispense all legal drugs.

Now back at the lower court level ruling on the merits of the case itself, the court issued the pharmacists a legal victory.

“The Board of Pharmacy’s 2007 rules are not neutral, and they are not generally applicable,” the Court explained. “They were designed instead to force religious objectors to dispense Plan B, and they sought to do so despite the fact that refusals to deliver for all sorts of secular reasons were permitted.”

“The Board’s regulations have been aimed at Plan B and conscientious objections from their inception,” the court explained. “Indeed, Plaintiffs have presented reams of [internal government documents] demonstrating that the predominant purpose of the rule was to stamp out the right to refuse [for religious reasons].”

via Judge: Washington Can’t Mandate Pharmacists Dispense Plan B | LifeNews.com.

WomenSpeakForThemselves.org

WomenSpeakForThemselves.org.

Here are the women, President Obama and Secretary Sebelius!

We are not mute. We will not be silenced or ignored. We will make a difference.

UT scientist has found way to get paralyzed rats walking

This is an exciting advance in promoting healing of spinal cord injuries. There are no stem cells – ethical or destructive – involved. This is a new technique using micro-surgery and chemicals to influence healing.

UT neurobiology professor George Bittner, the lead researcher, has spent much of the past 40 years working on solutions to nerve damage. He has come up with a method that had paralyzed rats moving their legs within minutes of treatment and walking within days.

“We are very excited and very optimistic,” said Dr. Wesley Thayer, one of Bittner’s collaborators and an assistant professor of plastic and reconstructive surgery at Vanderbilt University. He said that he expects human trials on the technique within a year.

Trials using the method on the spinal cords of rats are under way at Wayne State University School of Medicine in Detroit.

Bittner’s research focuses on newly injured peripheral nerves — the ones outside the brain or spinal cord. When a peripheral nerve is severed by a deep cut or injury, the broken ends begin to close off and seal. But Bittner has developed a technique to interrupt that natural healing process. By using microsurgery and readily available chemicals, including polyethylene glycol, he has been able to keep the nerve endings open and fuse them back together.

“If you completely sever a nerve, the odds of getting anything like full function … are 20 to 30 percent,” said Bittner, 70. “What we have done is solve that problem for rats.”

Bittner also has tested the technique in other animals, including guinea pigs and rabbits, with the same positive results, he said.

This month, Bittner and his team published two articles online in the Journal of Neuroscience Research involving rats who had their sciatic nerve severed. The nerve begins in the lower back and runs down the leg. Within one to seven days, the rats had a dramatic recovery of the functioning of their legs, according to the research.

That improvement persisted over time, Bittner said.

via UT scientist has found way to get paralyzed rats walking.

Texas Sonogram Law: More media lies

What woman doesn’t want to meet “her” doctor in person and receive her own medical information while awake, alert and before her legs are up in the stirrups? Should abortion be different from a heart bypass or setting a broken bone?

The Austin American-Statesman is once again proving itself an unreliable source of information, with its poor coverage of the Texas pre-abortion informed consent and sonogram law.

Today’s article repeats earlier claims that the doctor who performs the abortion must perform the ultrasound, when the law – and even the original injunction by the Federal judge – note that an agent of the doctor or a certified sonographer may do so.

While admitting, like others before, that the big problem is scheduling between the doctors and the mother, the article also reveals that the abortionists have been working around the intent of the 2003 “Woman’s Right to Know Act” (WRTK) by using telephone calls with the “provider” to satisfy the 24 hour waiting period and informed consent requirement.

Texas already had in place a requirement that a woman take part in a phone call with the provider 24 hours before the abortion so the doctor can tell her certain information mandated by the state. Included in those requirements are that the doctor tells her benefits may be available to help with medical care and that the father is required to help support the child.

Clinic administrators say the new rule, which requires the same doctor who does the sonogram to also perform the abortion, has complicated doctors’ and patients’ schedules.

The intent of the original WRTK and the update has always been to allow the woman to meet her doctor, have a chance to ask questions, and to inform her about alternatives and services available if she decides not to abort the baby.

Go Galt in Place:Unite behind God, Constitution, getting the Government out of the way

God, Constitution, Government out of the way. Can we unite or do we divide over degrees of commitment to these? What are you going to do to rebuild this nation based on God, Constitution and getting the Government out of our lives?

God includes the unalienable rights endowed on us by our Creator.

Constitution includes the current document as it was written and amended, and subject to amendment by its own rules.

Get the Government of the way of ordinary day to day life, out of the way of worshipping our God, out of the way of following the Constitution and forming better local governments. out of the way of building a business and out of the way of taking care of neighbors and educating our kids.

Now, think it out here at the board.

Satisfied with higher cost, mortality?

Everyone who questioned the endless emphasis on patient satisfaction surveys in modern healthcare might be vindicated by a new study.  The Cost of Satisfaction: A National Study of Patient Satisfaction, Health Care Utilization, Expenditures, and Mortality concluded,

Conclusion: In a nationally representative sample, higher
patient satisfaction was associated with less emergency
department use but with greater inpatient use, higher overall
health care and prescription drug expenditures, and
increased mortality.

The results may be skewed by a phenomenon noted in the article: among seniors, there is no correlation at all between satisfaction and the “technical quality of care.”

I also question research that indicates that less and/or cheaper care is better, or that doctors over-treat their patients. I sometimes suspect the motive is to advocate for knee-jerk protocols and eventual rationing along with the removal of individual physician judgement in the treatment of individual patients.   (Dont’ think “death panels.” Okay, go ahead.)

However, this particular research looks at whether doctors order tests and treatments their patients ask for, whether or not the evidence supports that route. The researchers correlated these “discretionary” treatments and tests with satisfaction and with mortality, and came up with a 25% higher risk of mortality or death with in the time studied. (In the world of medical statistics, this is not a very high risk, but it is significant to those who die, right?)

The caveat is to watch and wait as the medical community evaluates the study and how the data was “cooked” by the statisticians. One area where the conclusion may be weak is that the health status of the patient was self reported (although mortality was not). I’d like to see correlation with lab values such as measurements of kidney function.

One of my fears has always been that I might become like some of the older docs I saw when I was training:  a very nice doctor who is well-liked but incompetent because I’ve failed to keep up my skills and knowledge. I should have worried about being the doctor who goes along to get along – or to make more money because my pay is directly related to how happy – not how healthy – I keep my patients.

CPAC: My first and probably my last

I have a new expletive or two for really, really, really bad “screw ups”: one is CPAC and the other is the name of one particular rude CPAC staffer I encountered.

I’ve had a miserable time at CPAC, the only shining moments were Governor Rick Perry’s speech, Andrew Brietbart’s rant about Obama and the “silver pony-tail gang”, and the Presidential Banquet with Paul Ryan’s talk and the privilege of meeting some wonderful Conservatives. I was especially struck by one panelist’s comment that the proof that faith and family are priorities and that the proof is that the TEA Party hasn’t literally formed a third party.

I’ll complain about the Convention itself later, but, first, the Politics!

Here at CPAC, virtually everyone who finds out I’m from Texas told me they were rooting for Perry and/or that he was their first choice. The exceptions were one who switched over from Sarah Palin, two that were interested in Cain, and one Ron Pauler; all but the Pauler had supported Perry while he was in the race.

Governor Perry’s speech was extraordinary and had more passion and truth than all the current candidates’ speeches. He gave the boldest speech so far.

For the Powers That Be, all the candidates should have acted like they were at CPAC. Early in the speeches, we needed to hear their conservative ideas, social issues, and self-criticism of their past mistakes, preferably with a passionate conversion story, preferably one that made us all know how strong and permanent the change has been. At CPAC convince us that you could smell the brimstone and feel the singe of the heat.

Instead: We got Santorum’s very sad-faced family and 20 minutes of foot-stomping and whining without any substantial plan, Romney’s wide-eyed gaze at us, and his assumption that he’s already won and we’d better study his 50 page plan. Newt not only had his friend introduce Saint Calista, but Newt himself gave us big government plans to *replace* the EPA with a new Federal bureaucracy and *reform* the FDA, both of which should be abolished and their regulations returned to the States.

And now, to my own rant about the Conference: I have a new expletive or two for really, really bad times: one is CPAC and the other is the name of the incredibly rude staffer I encountered on Thursday

My husband and I have attended several very large conventions (The Texas Straw poll in ’07, the Value Voters Summit in DC in ’08, American Academy of Family Physicians with up to 10,000 in attendance, the National Pawnbroker’s Convention, and the Texas Republican State Convention, etc.) The system and facilities for CPAC2012 are the worst I’ve ever experienced.

The Marriott’s too small, the ballroom was set up wrong, and no one could have designed a more dangerous traffic pattern, even without the Mormon missionaries standing shoulder to shoulder, blocking traffic in the halls and lobbies.

I could never recommend that anyone pay for “Platinum Package.” Several people have said that they should have saved the money and gone “Diamond.” And it turns out that there’s another level of Very, Very Important People, but none of the rest of us get to even glimpse them.

I’m told that all previous CPACs offered less security rules and presence and more access to the Candidates and celebrities. That access was exactly why I asked my husband to buy me the “Platinum Package” tickets for my birthday this year. I also signed up for Blogger credentials (free), as well.

Well, there was no access.

The bloggers were divided weeks ago into the in-crowd and the rest of us.

And money can’t buy happiness, either. I’ve been in more lines this week than I thought possible, and there has been very little of the promised “special lines.” Even the “VIP entrance” is a joke: I’ve been stopped more than half the time and then still fight the fire-hazard crowds in the single in/out aisle. On the first day, I couldn’t find and empty chair in the “Platinum/Diamond” area until after noon. The Platinum Balconies offer little or no view and the food is available for very limited times.

The opportunity to hear the 3 main candidates in one day and to meet some great Conservatives is the only benefit I’ve seen this week at CPAC. (You can follow my tweets @bnuckols )

Unfunded “compromise:” who pays for it?

I mean, besides the insurance companies? Your neighborhood doctor and pharmacist will be forced to pay their “fair share,” too, I bet

Washington (CNN) — The White House announced a compromise Friday in the dispute over whether to require full contraception insurance coverage for female employees at religiously affiliated institutions.

Under the new plan, religiously affiliated universities and hospitals will not be forced to offer contraception coverage to their employees. Insurers will be required, however, to offer complete coverage free of charge to any women who work at such institutions.

There ain’t no such thing as a free lunch. And pills, diaphragms, and sterilizations don’t come free, either.

The end goal and the certain end result of this administration is to push private medicine out of business. We will all soon work for Uncle Sam unless we can turn the policies around.

Do you want to go to DC, hat in hand, for the health care your family and loved ones need?

Christian Medical Association on Contraception Mandate:Senate Dems block debate

The CMA sent out a couple of press releases by email, today on the attempts by members of Congress and the Senate, including some Democrats, to overturn the ObamaCare mandate that everyone who offers health insurance to their employees must offer plans that pay for contraception. The mandate would require Catholic health systems and schools to provide coverage that is against long held Church teachings.  (Disclosure, I’m Baptist, think true contraception is ok, and I’m the Chair of the Family Medicine Section of the CMA which is the same as the much longer, Christian Medical and Dental Association, the CMDA.)

Christian Medical Association: Contraception mandate fits pattern of assaults on conscience and religious liberty

Washington, DC–February 9, 2012: The 16,000-member Christian Medical Association today issued a statement asserting that the government’s mandate of contraception coverage nationwide fits a growing pattern of assaulting and restricting First Amendment freedoms of conscience and faith.

CMA CEO Dr. David Stevens noted, “The government contraception mandate violates the First Amendment rights and sensibilities of any individual or organization morally committed to life-honoring faith principles. The coercion likewise tramples the conscience rights of health care professionals ethically committed to the historic Hippocratic oath. And it fits a deplorable pattern of disregard for First Amendment freedoms.

“In the past three years, people of faith and conscience have witnessed the gutting of the only federal regulation protecting the exercise of conscience in health care; the denial of federal grant funds for aiding human trafficking victims because a faith-based organization refused to participate in abortion; the administration’s lobbying of the Supreme Court to restrict faith-based organizations’ hiring rights; and a coercive contraceptive mandate that imposes the government’s ideology on the faith-based and pro-life communities.

“The contraception mandate’s affront to religious freedom actually extends well beyond the Catholic Church, since many physicians and patients outside the Catholic tradition hold that it is morally or ethically wrong to risk ending the life of a developing human being by using pills such as ella and the morning-after pill. These pills are falsely promoted as ordinary contraceptives despite clear FDA label warnings that ‘ella may also work by preventing attachment (implantation) to the uterus’ and that the morning-after pill (Plan B) “may inhibit implantation by altering the endometrium.'”

“To force every American to subsidize an ideological agenda that many find morally or ethically abhorrent is the antithesis of American First Amendment freedoms of religion and conscience.

“The First Amendment issue of religious and conscience liberty impacts Americans of all political stripes. Conscience freedoms protect Americans left, right and center, on issues ranging from abortion to the death penalty, from participation in war to the right to protest political actions such as we are witnessing now.

“Every American, regardless of political persuasion, should be protesting these assaults on our freedoms and contacting legislators to enact conscience-protecting legislation such as the Respect for Rights of Conscience Act, introduced in the House by Jeff Fortenberry (R-Neb. 1st) and in the Senate by Roy Blunt (R-Mo.).

“As Dr. Martin Luther King reminds us, ‘Injustice anywhere is a threat to justice everywhere.'”

To remedy the assault on religious liberty and conscience freedoms, the Christian Medical Association supports the following legislation:

S. 1467 – Respect for Rights of Conscience Act

S. 2043 – Religious Freedom Restoration Act of 2012

S. 906 – No Taxpayer Funding for Abortion Act

S. 877 – Protect Life Act

S. 165 – Abortion Non-Discrimination Act

H.R. 1179 – Respect for Rights of Conscience Act

H.R. 361 – Abortion Non-Discrimination Act

H.R. 358 – Protect Life Act

H.R. 3 – No Taxpayer Funding for Abortion Act

Senate Democrats Block Debate on Religious Freedom Amendment

‘Our founders believed so strongly that the government should neither establish a religion, nor prevent its free exercise that they listed it as the very first item in the Bill of Rights.  And Republicans are trying today to reaffirm that basic right. But Democrats won’t allow it.’

Washington, D.C.– U.S. Senate Republican Leader Mitch McConnell made the following statement on the Senate floor Thursday regarding the Democrats’ refusal to allow consideration of an amendment on the Obama administration’s mandate in the health care law that violates the First Amendment rights of religious institutions:

“Our country is unique in the world because it was established on the basis of an idea: that we are all endowed by our creator with certain unalienable rights — in other words, rights that are conferred not by a king or a president or a Congress, but by the Creator himself. The state protects these rights, but it doesn’t grant them.

“And what the state doesn’t grant, the state can’t take away. That’s what this week’s debate on a particularly odious outcome from the President’s health care law has been about: Our founders believed so strongly that the government should neither establish a religion, nor prevent its free exercise that they listed it as the very first item in the Bill of Rights.

“And Republicans are trying today to reaffirm that basic right. But Democrats won’t allow it. They won’t allow those of us who were sworn to uphold the U.S. Constitution to even offer an amendment that says we believe in our First Amendment right to religious freedom. I never thought I’d see the day. I’ve spent a lot of time in my life defending the First Amendment. But I never thought I’d see the day when the elected representatives of the people of this country would be blocked by a majority party in Congress to even express their support for it.”

Jonathan Imbody

Vice President for Government Relations

Christian Medical Association – est. 1931, now 16,000 members

CMA Washington office: P.O. Box 16351 • Washington, DC 20041

703.723.8688 • http://www.cmawashington.org

Director, Freedom2Care – 50 groups and 29,000 individuals advancing conscience rights

http://www.Freedom2Care.org  Twitter: @Freedom2Care

Pa. Vending Machine Dispenses ‘morning-after’ Pill | Fox News

I’ll admit that I don’t like Over The Counter hormone preparations. But isn’t this going too far in the name of convenience?

Students at Shippensburg University in Pennsylvania can get the “morning-after” pill by sliding $25 into a vending machine, an idea that has drawn the attention of federal regulators and raised questions about how accessible emergency contraception should be.

via Pa. Vending Machine Dispenses ‘morning-after’ Pill | Fox News.

The pill only works during 5 or 6 days of a girl’s cycle. But what if she throws her cycle off several times a month?

And studies show that even when women have the pills in the medicine cabinet, they don’t use it correctly.

BTW, I’m convinced that Plan B is not an abortifacient – does not cause abortions by interfering with implantation or development if there is fertilization. It can block ovulation for 5 days before ovulation and it makes the mucus thick at the cervix and uterus so sperm and egg have a hard time getting together. It doesn’t change the way that implantation goes and it may even encourage the protection of the new embryo by moma’s body

See my “Review: Plan B, How It Works and Doesn’t Work” at this link:

If, as I believe, the pills only work in preventing fertilization, they are only medically justified/necessary 5 days before or one or 2 days just after ovulation, the window of fertility. The other 20 days or so of the menstrual cycle, the pills are useless and un-necessary.

The best evidence is that Plan B works to prevent ovulation or to prevent the oocyte (the “egg”) from being released from the ovary and passing to the fallopian tube. This is why the pill is best (and only?) functional before ovulation. In nature, the egg only lives about 24 hours and sperm can live from 2 to 5 days. If the egg is not released, is over 24 hours old, if the sperm cannot get to the egg or if they are dead or incapacitated, there can be no fertilization.

The only post-ovulation effect that has been proven that could prevent pregnancy also prevents fertilization. Levonorgestrel causes the mucus in the cervix to be thick (so sperm have a hard time getting to the uterus and then the fallopian tube where the egg is) and by making the sperm unable to penetrate the zona pellucida, the covering and nurturing cells around the oocyte or egg.

Remember Natural Family Planning? This is the method of following body temp and cervical mucus changes to help figure out when a woman is fertile and when she’s not. The post-ovulatory changes that indicate the non-fertile time immediately following ovulation are due to a progesterone similar to the one that is in Plan B.

Also, the progesterone increases the likelihood of implantation and supports that early pregnancy by delaying the period and encouraging the lining of the uterus to develop.

Of course, the single, small dose in Plan B doesn’t have as great an effect as the hormones from the corpus luteum after ovulation.

Federal judge says he can’t block Texas sonogram law, says higher court forced ruling

Sonogram (while awake and aware) and informed consent to be enforced in Texas.

District Judge Sam Sparks had previously struck down parts of the law, but his latest ruling said he’s bound to follow the direction of the New Orleans-based appeals court

via Federal judge says he can’t block Texas sonogram law, says higher court forced ruling – The Washington Post.

Human Embryology 101

In another forum tonight, I read a juvenile argument that human embryos are no more significant than the cells of the cheek removed by scraping it with our fingernail. This is a common statement by someone who has read a little in some chat room, but who hasn’t had a serious discussion about humanity, much less engaged in a study of embryology or human ethics. This time, the young man went a little farther for shock value and noted the millions of cells lost by each of us when we have a bowel movement.

Let me refute this silliness with simple biology.

The cells of the cheeks and of the gut wall are specialized body cells at the end of their life cycle. They *are* no more and no less than epithelial cells. The same can be said for the oocyte and sperm if there is no fertilization. As they are, without intensive – and still highly speculative – technical manipulation, nothing can make them anything other than cells at the end of their life cycle.

The zygote and subsequent cells of the embryo *are* an entire, intact, developing human being who is functioning as he or she should at that stage of life. (Occasionally, in nature, the zygote may divide in such a way to result in identical twins, triplets or quadruplets, all of whom are entire, intact, functioning, and developing humans at that stage of life.) There is no “potential,” only an organism that *is* a human being.

Individual organisms rarely display all the qualities of the species at any one time in the life cycle. It’s true that a human embryo can’t breathe air or walk but neither can grown men or even post-menopausal women ovulate. However, “organisms” do function in an *organized* manner to develop and function as they should at any given stage of life for that species.

Humans are the only species which engages in the discussion about “rights” and which organisms within our species are human enough for their right to not be killed to be protected. This conversation is the essence of “human dignity.” I suppose that I shouldn’t be surprised that some humans don’t function at the highest level of human dignity and the conversation devolves so often into human *indignities* such as slavery, the deeming of women and children as chattel, and petty little comments that we were each equivalent to bowel movements at some time in our life cycle.

Pfizer Recalls Birth Control Pills (how soon the baby boom?)

I’m both encouraged and discouraged by this recall. Machines and the people who run them make errors and it’s good to see quality control efforts and that those errors are discovered by the manufacturer. However, if the pill packets have been released into the market – as much as 5 months ago –  it appears that the controls weren’t strict enough.

From the Pfizer news release, available here, it appears that some of the pills were manufactured beginning at least last August, assuming that the expiration date is for 2 years after manufacturing.

There are only 26 lots – 13 of the brand name “Lo-Ovral” and 13 of the generic equivalent – that are involved. Lot numbers are given in the link, above.

More from the media coverage at Fox News:

Pfizer said the birth control pills posed no health threat to women but urged consumers affected by the recall to “begin using a non-hormonal form of contraception immediately.”

The recall involved 14 lots of Lo/Ovral-28 tablets and 14 lots of Norgestrel and Ethinyl Estradiol tablets, which Reuters reported involved about one million packets of birth control pills.

Pfizer said an investigation found some blister packs of the oral contraceptive might contain an inexact count of inert or active ingredients in the tablets.

“As a result of this packaging error, the daily regimen for these oral contraceptives may be incorrect and could leave women without adequate contraception, and at risk for unintended pregnancy,” the company said in a statement on its website.

via Pfizer Recalls Birth Control Pills In US Because They May Not Work | Fox News.

Would you force Jews and Muslims to sell pork?

Starting next year, religious groups will have to push aside their core doctrines and pay for pills that either prevent pregnancies or end them.

“[I]t would be like the government mandating that all delis, even Kosher delis, serve pork products and then justifying it by saying that protein is healthy, and many Jews don’t follow Kosher laws and many non-Jews go to those delis,” writes Michael Doughtery of Business Insider. “The law wouldn’t technically ban Jews from owning delis, but it would effectively ban their ability to run them according to their conscience.”

via FRC Homepage.

Please let your Representative and Senators know that the new Obama Administration conscience rules and the requirements for insurance are not freedom.

Texas media lies about Texas “Sonogram Law”

An article, based on lies, by the Texas Tribune’s Emily Ramshaw was picked up by the New York Times Sunday (January 29th) edition.

The lies are neatly tied up in these two sentences:

” This past fall, doctors were required to start performing a transvaginal sonogram at least 24 hours ahead of an abortion, a shift they say has had frustrating consequences for clinics and patients.”

and

“Now the physician performing the abortion — not an ultrasound technician, for example, or a secondary doctor — must conduct the sonogram on a separate day.”

(I have a “Google News search” for articles on the Texas Sonogram law, so I get emails as soon as they’re published. These same lies are duplicated in other articles and op-eds, like this one in “The Jurist,” from a law professor at the Saint Louis School of Law.)

Editor-in-Chief, Evan Smith, and Ramshaw at the Texas Tribune must know they’re publishing emotional falsehoods. Even Judge Sam Sparks knew better.

Anyone who has read the text of HB 15 or Judge Sam Spark’s ruling would know that we’ve had a formal informed consent process and a 24 hour waiting period since 2003, that there is no mandate to use a “transvaginal sonogram,” and that “an agent of the physician who is also a sonographer certified by a national registry of medical sonographers” may perform the sonogram. The doctor is required to show the sonogram “images,” to make the heartbeat audible and to describe the development of the embryo or fetus. That the language did not require that the actual, real-time sonogram be conducted by ” the physician performing the abortion” was clear to Judge Sparks. As he said,

     “The net result of these provisions is: (1) a physician is required to say things and take expressive actions with which the physician may not ideologically agree, and which the physician may feel are medically unnecessary; (2) the pregnant woman must not only passively receive this potentially unwanted speech and expression, but must also actively participate—in the best case by simply signing an election form, and in the worst case by disclosing in writing extremely personal, medically irrelevant facts; and (3) the entire experience must be memorialized in records that are,at best, semi-private.”

Still, Ramshaw revealed some truth:

    “. . . a scheduling struggle when doctors providing elective abortions are in short supply and rotate between clinics.

“They’ve had to set aside a whole other day doing ultrasounds, visits that in most parts of medicine would be dedicated to people with less training than a physician,” Hagstrom Miller said. “The effect on their travel schedule, on their reimbursement, on patients’ access to them has been tremendous.”

In the typical elective abortion, there’s rarely any on-going doctor-patient relationship and the real problem is bureaucratic and financial.  The clinic owners are mostly worried about the money and their ability to get doctors to show up for the informed consent and to return the next day to perform the abortion.

And it’s not all about money.  The doctors who “rotate between clinics” usually fly in, sometimes from another state, for “procedure day.” The “Sonogram law” doesn’t force the woman having the abortion to look at her sonogram. But it does force the doctor to spend time counseling the women – possibly more time than the abortion itself will require. They will now have to look the women in the eye and describe the development of the child. How can a doctor “not ideologically agree” with the facts visible on the sonogram when describing the heart or limbs?

The Obama Administration’s Attack on Roe v. Wade and Doe v. Bolton

Friday’s announcement that the Obama Administration would force employers – including nonprofit religious employers – to pay for their employees’ contraception and abortifacients is just the latest example of how the abortion industry and its friends in the Obama Administration are attacking these well established rights of conscience in ways even the authors of Roe and Doe did not envision.

via The Obama Administration’s Attack on Roe v. Wade and Doe v. Bolton |.

Does Texas ‘informed consent’ law signal a successful new strategy against abortion? : News Headlines – Catholic Culture

Knowledge is power. Especially when it comes to Courts and lawyers. Knowing that the baby who might be aborted is not just a lifeless “tissue” or “product of pregnancy” is bound to change hearts and minds. Someday, abortion will be thought of in the same way that we think of slavery.

Legal scholar Hadley Arkes believes that the groundwork for a powerful challenge to legal abortion has been laid, in a judicial decision affirming the “informed consent” law in Texas.

Judge Edith Jones wrote a carefully reasoned decision in Texas Medical Providers v. Lakey, Arkes writes. Her decision, emphasizing that the new Texas law does not place any barriers in front of a woman seeking an abortion, is very likely to withstand a Supreme Court challenge, Arkes believes.

Beyond the judicial sphere, the Texas precedent should encourage legislators to consider bills that protect the unborn without directly challenging the Roe v. Wade precedent, Arkes suggests.

That move is bound to set off crippling tensions within the party of abortion in Congress. They are the tensions that could make that party come apart, and bring us to the beginning of the End.

via Does Texas ‘informed consent’ law signal a successful new strategy against abortion? : News Headlines – Catholic Culture.

Texas has already determined that it’s wise to regulate doctors, medicines and surgical procedures. In the case of the abortion laws and sonogram requirements, the rules for action are placed on the doctor doing the procedures. The doctor is the only one being “made” to do anything.

We have a 2005 State law mandating 24 hour waiting period and a set of steps to ensure that the patient, the woman who is going to have an abortion, receives thorough informed consent.  Texas also protects other patients with regulations requiring specific informed consent for sterilizations, hysterectomies, radiation therapy and electric shock therapy. These procedures are often performed on patients who may be vulnerable to outside influence (by the doctor or family members pr social expectations) and all carry risks of permanent harm and consequences that the patient should know about.

The Sonogram Bill ensures that the woman seeking an abortion will meet the doctor who will perform the abortion and that the physician will tell her the status of her pregnancy and the development of baby, all before she’s sedated and in a gown, before she’s up in the stirrups.

Who would go for any treatment without first meeting the doctor? Would you consider it “punishment” or “shaming,” much less based on some “religious value” to enforce Texas’ similar informed consent laws for patients about to undergo radiation therapy, electric shock therapy, or a hysterectomy? Where’s the outrage about shaming or frightening the smoker when the doc sits down to explain why you need bypass surgery?

Would any one argue that the man who goes in for radiation therapy does not know that he might have cancer cells remaining in his body? Or that a woman doesn’t know that she won’t ever be able to have children again if she has a hysterectomy? (We’ll skip the problems with consent for electric shock therapy.)

The Bill is reminds me of our earlier fights to allow patients to own their own medical information, to make our own choices with full, informed consent. It’s patronizing to tell women seeking abortion that they don’t need to see their own sonogram or to consider sharing her medical information with her as interference by the State.

5th US Court of Appeals: Texas may enforce abortion law

Wonderful news! The sonogram bill will be enforced as it winds its way through to the Supreme Court. For my critique of the very poor reasoning of the Federal judge who delayed enforcement, see this.

Will post the link to the ruling when it’s available.

NEW ORLEANS (AP) — A Texas abortion law passed last year that requires doctors to show sonograms to patients can be enforced while opponents challenge the measure in court, a federal appeals court ruled Tuesday.

A three-judge panel of the 5th U.S. Circuit Court of Appeals overturned U.S. District Judge Sam Sparks’ temporary order against enforcing the law, saying Sparks was incorrect to rule that doctors had a substantial chance of winning their case.

Sparks ruled in Austin in August that several provisions of the state law violated the free-speech rights of doctors who perform abortions by making them to show and describe the images and describe the fetal heartbeat — all of which doctors have said is not necessary for good treatment.

The appeals court cited a 1992 U.S. Supreme Court ruling that “upheld an informed-consent statute over precisely the same ‘compelled speech’ challenges made” in the current Texas case.

Earlier rulings have found that laws requiring doctors to give “truthful, nonmisleading and relevant” information are reasonable regulation, not ideological speech requiring strict scrutiny under the First Amendment,” the appeals court said.

“‘Relevant’ informed consent may entail not only the physical and psychological risks to the expectant mother facing this ‘difficult moral decision,’ but also the state’s legitimate interests in ‘protecting the potential life within her,'” Chief Judge Edith H. Jones wrote in the appeals’ decision.

via The Associated Press: Appeals court: Texas may enforce abortion law.