Public Policy

La. already has Texas abortion limits | The Town Talk | thetowntalk.com

Louisiana has many of the same restrictions on the books, but they passed with few significant fights in the Legislature and none of the massive protests. The state has added nearly any legal limit it can find on abortion — and several that courts have said weren’t legal.

As they have added new statutes, the bills passed with overwhelming and bipartisan support and with Louisiana lawmakers acknowledging that they hope to lower the number of abortions with each restriction.

Unlike in Texas, Louisiana’s debates don’t showcase a deep divide between Republicans and Democrats. A handful of Democrats oppose the abortion restrictions, but often far more of Louisiana’s Democrats vote to support the measures. A few individuals show up to committee hearings to complain about the latest proposed abortion restrictions, but the bills don’t attract widespread outrage.

via La. already has Texas abortion limits | The Town Talk | thetowntalk.com.

DPS Director Responds to Letter on Security Report | The Texas Tribune

File under “no good deed goes unpunished.”

Officers simply gave visitors the choice to throw away their goods and come in or to take them away and leave, he said. No arrests were made, and no jars were confiscated.

via DPS Director Responds to Letter on Security Report | The Texas Tribune.

Similarly, most of the people who were detained before the night of July 12th were released by police at the Capitol exit door, and allowed re-entry. At least 5 who were arrested for disrupting a House session on July 10th, were released without charges and within 5 hours, according to the Houston Chronicle, when the Magistrate found “insufficient probable cause.” What does that say about Austin/Travis County justice system, that a DPS can arrest a woman, that there are videos all over the ‘Net, and yet the Magistrate can’t find “probable cause?”

Update: one of those women arrested on July 12th was one of the 5 released on the 10th, also according to the Houston Chronicle.

Christian Medical Association on HB2

Here’s my piece for the Christian Medical and Dental Association’s “The Point,” a weekly newsletter on current events. (This isn’t a 250 word discussion — I snuck in 275 words!)

“At what point do humans become human enough to have the right not to be killed? How should society balance protection for women who choose to abort their children with the burden imposed by that protection?

“While 62 percent of Texasⁱ and 59 percent of U.S. votersⁱⁱ support a ban after 20 weeks, opponents of the bill stormed the Capitol, disrupted hearings and threatened lawsuits that will likely decide whether the law is enforced. In the middle of the noise, both sides told legislators painful stories about the effect of abortion on their lives.

“Texas’ new law bans abortion after 20 weeks, based on the possibility that the fetus can feel pain at the lower limit of viability since the lower brain structures are in place, the thalamo-cortical connections are developing and primitive memory and learning have begun.ⁱⁱⁱ There are exceptions for life and permanent injury for the mother and severe fetal anomalies. The law also requires that abortion facilities meet guidelines required of facilities that do similar procedures like D&Cs. Doctors performing abortions must obtain hospital privileges within 30 miles of the facility and follow FDA guidelines for medical abortions.

“Christian doctors are in a unique position to guide the public conversation toward one of ethics, rather than popular opinion, science or law. We must also demonstrate Christ’s healing love and forgiveness to those who are in pain because of abortion.”

 

Links and more references, here.

Freedom2Care: Protests tell a lot about a low level of health and safety at abortion clinics

. . . [A] Washington Post editorial protests that providing such basic safeguards will mean that “all but one of the clinics probably would close because of the associated costs.”

Such protests tell a lot about a low level of health and safety at those abortion clinics.

via Freedom2Care: Protests tell a lot about a low level of health and safety at abortion clinics.

Unfortunately, the Gosnell (and, possibly Texas’ Karpen) case tell us more about the effects of not monitoring State laws that are in existence.

But we do have evidence that the current standards are too low for health and safety. Over the last few months, as Texas’ Legislature considered new laws concerning abortion safety, we heard testimony from women who were required to stand in lines in narrow halls while waiting for their abortion, who were forced to walk out of the facility while hemorrhaging, and who were denied privacy. Most of all, we heard that the much touted claim that abortion is between a woman and “her doctor” is often meaningless, since the doctor doesn’t offer continuing care after the procedure.

Texas DPS director on “Tampon Gate”

Evidently, there were men who tried to enter the Senate Gallery ith tampons. Sounds suspicious to me!

“The possession of these and other items is not a crime, and therefore, there was no basis to arrest and detain visitors who possessed such items; however, they were denied access unless they discarded the items,” McCraw wrote. “The Department never took possession of these items and had no justification to do so.”

No officer questioned by the San Antonio Express-News or the Texas Tribune could confirm they had confiscated feces or urine or that they had any knowledge of such items being in the Capitol.

McCraw explained the basis for which officers did not allow feminine hygiene products including tampons and sanitary napkins into the gallery.

“The arbitrary prohibition of feminine hygiene products, for example, on its face would seem absurd,” McCraw wrote. “However, the Department received reports that some visitors planned to throw feminine hygiene products onto the Senate floor. One woman attempted to enter the Senate gallery with approximately 100 feminine hygiene products and she was denied access, as were two men who possessed approximately 50 feminine hygiene products each.”

He also said names of visitors with “suspicious jars or other items” were not documented because they did not commit a crime by possessing them and ”it would be unreasonable to document names of visitors based on what they might or might not do.”

Howard responded to McCraw’s with “disappointment with the lack of clarity that he provides.”

“At the end of the day, we are still left with unsubstantiated claims, allegations of suspicious jars but no actual evidence,” she said. “The lack of onsite documentation or eyewitnesses — either from officers or members of the public — seems to undercut the assertions laid out in DPS’ original press release and now their response letter. To be frank, it doesn’t pass the smell test. ”

McCraw added to the list of items that were confiscated and discarded by police including ”paint, confetti, glitter, bottles of bubbles, bags of balloons (not inflated), handheld air horns, a bag full of tomatoes” and two bricks, which were being used to prop doors open and were not going to be used as projectiles, he said.

The Express-News has requested records from the Department of Public Safety regarding the July 12 searches and items discarded.

Standing for Life – The Unfinished Story | Twisted Conservative

Those who #Stand4Life should get to know Jason Vaughn; as one of the effective leaders for life in Texas, he’s making history!  Here’s his recount of the events of last week:

Late Friday night we won the battle to reduce abortions in Texas! It was a great night and I am so excited to be a part of history. I’ve said before that the world may never know my name, but perhaps one day I will hear my God say, “Well done my good and faithful servant. You see that man there? I used you to save him from being aborted and I used him to change the world.”

It was a long and tiring week. There were some nights when I fell asleep in my clothes from the day. I had the privilege to work amazing men and women who love the people of Texas and want to see the end of abortion.

For those interested I want to walk you through the week.

Read the rest and see the pictures and videos he uses to document Texas’ #Stand4Life, via Standing for Life – The Unfinished Story | Twisted Conservative.

Rep. Jason Villalba Closing Speech on HB 2 (#Stand4Life )

Texas Alliance for Life has posted the video of the speech given in the Texas House of Representatives by Representative Jason Villalba (District 114, Dallas) in favor of life and HB2. It’s a beautiful testimony to love and humanity, and an answer to all the claims that this Bill is simply a political ploy. Watch for the sonogram picture of the Villalba’s 13 week son and the Representative’s declaration that he will fight for his son and all the babies destroyed by elective abortion.

Scientific Huffington Post (!) Poll: Ban Abortion After 20 Weeks

20 week ultrasound

#Stand4Life across the US: 59% support a Federal ban on abortion after 20 weeks, even though the question didn’t include an exception for the life of the mother!

Remember that University of Texas/Texas Tribune Poll that showed that 63% or 62% (depending on whether the question mentioned pain or not) of registered voters in Texas wanted a ban on abortion after 20 weeks? Well, it seems that most US voters agree.This poll found that 59% of voters would support a ban, while only 30% oppose it.

The Huffington Post, not a conservative website at all, solicited a scientific poll by the same group that did the UT/TT poll, YouGov. These results agree with last month’s Gallup poll revealing that 64% of Americans believe that abortion should be illegal in the second 3 months of pregnancy and 80% would make it illegal in the last 3 months.

The HuffPost isn’t making a big deal out of the poll, focusing on the conflicting views of the public rather than on the results of the poll itself. In fact, from my GoogleNews search, it doesn’t appear that (as of 7 AM today) anyone other than a couple of blogs (at the Washington Post and the Weekly Standard),  National Right to Life, and LifeNews.com are reporting the poll!

Pro-abort McClendon Amendment Redefines “Child”

. . .as someone whose mother chose not to abort him!

Democrat Ruth McClendon, from District 120 of San Antonio, proposed an Amendment to HB 2 today that she thinks is necessary, “if we’re not going to allow women to control their own bodies.” The Amendment would re-define “child” as one,

B. whose mother declares in writing in accordance with rules adopted by the executive commissioner of the Health and Human Services Commission, that, because of Section 245.010 (a), Health and Safety Code, or Subchapters C and D, Chapter 171, Health and Safety Code, the mother chose not to or did not have access to a facility to exercise her right to an abortion at the time the child was born.

Isn’t it obvious that the mother of each and every born child chose not to abort them? Whether or not there’s a “constitutional right?”

And, please, “at the time the child was born?” Does that mean the mother chose not to abort at birth or that she made the declaration at the time of birth?

Representative Kenneth Sheets, Republican from the Dallas-area District 107, explained that his family is going through adoption and that he knows that the same benefits are available to his family and to everyone.

Planned Parenthood, big abortion and the battle to save lives in Texas | Fox News

[R]emind me again why pro-abortion activists want healthy five-month pregnant women to abort their healthy child in dirty, unsafe abortion clinics?

via Planned Parenthood, big abortion and the battle to save lives in Texas | Fox News.

#Stand4Life Wendy’s Wasted Voice: Why Fighting the Texas Abortion Bill Was Not ‘Pro-Woman’ « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources

Wendy Davis opposed a bill that gives women seeking abortions the same level of safety as women seeking LASIK on a Friday afternoon. Should I have feel empowered as a Texas woman that I can currently get a D&E for an unplanned pregnancy at a place with lower standards than where I could get a endoscopy for an acid reflux diagnosis? What is so “pro-woman” about lower health and safety standards for abortions?

via Wendy’s Wasted Voice: Why Fighting the Texas Abortion Bill Was Not ‘Pro-Woman’ « Above the Law: A Legal Web Site – News, Commentary, and Opinions on Law Firms, Lawyers, Law Schools, Law Suits, Judges and Courts + Career Resources.

Davis for governor of Texas? Don’t mess with it, Wendy

This op-ed from Britain’s Guardian has some very good information and I like the conclusion:

Texas is a strongly conservative Republican state and will remain one for the foreseeable future. Davis’ feat of talking for 11 hours got great press, but it’s not going to create a new Texas.

via Davis for governor of Texas? Don’t mess with it, Wendy | Harry J Enten | Comment is free | guardian.co.uk.

Dr. Love on HB2 #Stand4Life

For a great testimony from a pro-life doctor, look at the House State Affairs Committee video from July 2, 2013 from 3:20 to 3:54 /8:38.

Watch Representative Sylvester (District 139) Turner question Dr. Mikeal Love (that first name is Greek) about whether or not abortionists have hospital privileges. Contrary to the statement by the Counsel of the Texas Hospital Association, Dr. Love reports that 2/3 of Texas abortionists have hospital privileges. Mr. Turner has a real problem understanding the emphatic confirmation that there are doctors whose primary practices are abortion and yet, do indeed have privileges at hospitals.

Representative Helen Giddings, District 109, also tried to trip up Dr. Love, but she only gave him more time to #Stand4Life. She becomes confused and asks whether all Obstetricians/Gynecologists are abortionists, since they all do D&C’s. (The D&C is the method of abortion, but not all D&C’s are abortions.)

Ridiculously, Sylvester Turner ends the questioning of Dr. Love by repeatedly asking whether Dr. Love was paid to give his testimony. Dr. Love answers, “No,” and then is asked again. Wonder if this is a case of a liberal accusing conservatives of doing what liberals are doing?

(I only wish I could speak as well as Dr. Love! I definitely enjoyed watching him debate for life!)

(Edit 7/4/13 11 AM for grammar — BBN link added, too)

Action Alert! Correct False Testimony by the Texas Hospital Association Representative

This is a rare Action Alert: Contact the Texas Hospital Association (phone number, 512-465-1000) about the completely false testimony of their representative, Ms. Stacy Wilson who testified against Section 2 of House Bill 2 before the House State Affairs Committee on Tuesday, July 2, 2013.

You can see Ms. Wilson’s testimony on the July 2, 2013 video of the House State Affairs Committee, available at the House video site beginning at 2:02/8:38.

Ms. Wilson testified as the Associate Counsel for the Texas Hospital Association, against Section 2 of HB 2. That section requires the physicians who perform elective abortions to have admitting privileges at a hospital within 30 miles of the place where he or she does the abortions. Section 4 of the Bill, against which Ms. Wilson did not testify, requires abortion facilities to meet the same standards as State-regulated Ambulatory Surgical Centers.
Ms. Wilson falsely argued that hospitals would not grant admitting privileges to doctors who perform elective abortions outside the hospital because the hospital wouldn’t allow elective hospitals within the hospital: “If you have a physician that is only practicing in a clinic . . . the hospital is unlikely to give privileges.”

Ms. Wilson is apparently unaware that the reason a doctor would have admitting privileges would be to treat complications of the abortion, including hemorrhage, uterine and bowel perforations, and infections after the abortion. There is no reason to claim that the purpose of those privileges would be to allow performing the abortion itself within the hospital walls.

Ms. Wilson repeatedly said that she doesn’t know whether any Texas doctors who perform elective abortions have admitting privileges in Texas hospitals: “It is possible, I mean, say, it’s unlikely, but it’s possible,” and, ““I don’t know of any.”

She also repeatedly stated that it would be wrong for the hospital to be required to grant privileges, while the Bill carries no such requirement: “My testimony is that requiring a hospital to grant privileges for procedures that occur outside the hospital, is an inappropriate.”

Sylvester Turner pounced on Ms. Wilson’s testimony, claiming that Section 2 would outlaw abortion in the State of Texas, since no doctor would be able to get hospital privileges: “We can’t get past this . . . This witness’ testimony is very critical.”

Ms. Wilson doesn’t see any benefit in the usual standard of continuity of medical care: “It seems to me that if a woman has complications, she’s going to come to the Emergency Department, whether her doctor has admitting privileges is irrelevant.” And, “I said that what the woman should do is come to the emergency room where the emergency personnel would render aid.”

Please call the Texas Hospital Association and demand that they correct the misrepresentations of Ms. Wilson.

Update: When you call, you can just ask to leave a message for the Legislative Affairs staff or ask to speak to that office.

“No Cost” Contraception (Obama Administration fantasy)

The Obama Administration has published its final rule on health insurance coverage of contraception. “Religious employers” are supposed to be happy with the Obama decree that insurance companies will provide contraception “at no cost.”

We all know that there’s no such thing as “no cost.” Everyone will “share” the cost, since everyone will be forced to buy health insurance.

Here’s the letter, thanks to one of the Conscience groups I follow:

From:   Lauren Aronson
             Director, Office of Legislation
             Centers for Medicare & Medicaid Services
 
Re:       Administration Issues Final Rules on Contraception Coverage and Religious Organizations
 
Today, the Obama administration issued final rules that balance the goal of providing women with coverage for recommended preventive care – including contraceptive services prescribed by a health care provider – with no cost-sharing, with the goal of respecting the concerns of non-profit religious organizations that object to contraceptive coverage.  The final rules reflect public feedback received in response to the Notice of Proposed Rulemaking issued in February 2013. 
 
Today’s final rules finalize the proposed simpler definition of “religious employer” for purposes of the exemption from the contraceptive coverage requirement in response to concerns raised by some religious organizations.  These employers, primarily houses of worship, may exclude contraceptive coverage from their health plans for their employees and their dependents. 
 
The final rules also lay out the accommodation for other non-profit religious organizations – such as non-profit religious hospitals and institutions of higher education – that object to contraceptive coverage.   Under the accommodation these organizations will not have to contract, arrange, pay for or refer contraceptive coverage to which they object on religious grounds, but such coverage is separately provided to women enrolled in their health plans at no cost.  The approach taken in the final rules is similar to, but simpler than, that taken in the proposed rules, and responds to comments made by many stakeholders.
 
With respect to an insured health plan, including a student health plan, the non-profit religious organization provides notice to its insurer that it objects to contraception coverage.  The insurer then notifies enrollees in the health plan that it is providing them separate no-cost payments for contraceptive services for them for as long as they remain enrolled in the health plan. 
 
Similarly, with respect to self-insured health plans, the non-profit religious organization provides notice to its third party administrator that objects to contraception coverage.  The third party administrator then notifies enrollees in the health plans that it is providing or arranging separate no-cost payments for contraceptive services for them for as long as they remain enrolled in the health plan.  The final rules provide more details on the accommodation for both insurers and third party administrators.

 
To view the Final Rule: http://www.ofr.gov/OFRUpload/OFRData/2013-15866_PI.pdf
 
To view technical guidance on the temporary enforcement safe harbor visit: http://cms.gov/CCIIO/Resources/Regulations-and-Guidance/Downloads/preventive-services-guidance-6-28-2013.pdf
 
To view the self-certification form for eligible organizations visit: http://cms.gov/CCIIO/Resources/Forms-Reports-and-Other-Resources/index.html#Prevention
 
If you have any questions, please contact the CMS Office of Legislation. Thank you

Skewed world view or just politics? @GovernorPerry #SB5 #TxProlife

“Who are we to say that children born into the worst of circumstances can’t grow to live successful lives?” he said, adding that even Davis “was born into difficult circumstances.”

“I know she’s proud of where she has found herself in life,” Perry told reporters after his speech. “I’m proud that she has been able to take advantage of her intellect and her hard work, but she didn’t come from particularly good circumstances.”

The Fort Worth Star-Telegram is the source of these quotes, which they call a “swipe” by the Governor toward Senator Davis. Radio Fox News called it “Slut Slamming.”

How sad that the editors who wrote these titles cannot see these statements as compliments.

Update: fixed the links. BBN

@GovernorPerry: “This is a human rights issue.” #TxProlife #TxLege

My children, the Governor’s children, and  all children of human beings are also humans. The question in the mind of some people is, “when are they *human enough* for the advocates of elective abortion on demand?”

The Governor and Texas law affirms that it’s from the moment of fertilization. Unfortunately, not everyone agrees with us.

The Governor spoke in support of the right not be killed for every one of our children today, at the National Right to Life National conference in Dallas. You can read his speech at his website, here.

I’m especially proud of the way he praised our pro-life Texans and commended the work we do to support women and girls who find themselves pregnant but are afraid that they aren’t ready, can’t afford the child, or just didn’t want to be pregnant at that time in their lives.

The Governor is taking heat for his comments about Senator Windy   Wendy Davis’ history. This is a woman who should know as well as any of us that an unplanned pregnancy is not the end of plans for the future and should be counted as “unplanned joy.” (That phrase is one of the themes of Feminists for Life.)

Here’s to our Governor Rick Perry!

@GovernorPerry: Gov. Perry Calls Special Session to Begin July 1

AUSTIN – Gov. Rick Perry today announced a Special Session of the Texas Legislature will begin at 2 p.m. Monday, July 1.

“I am calling the Legislature back into session because too much important work remains undone for the people of Texas. Through their duly elected representatives, the citizens of our state have made crystal clear their priorities for our great state. Texans value life and want to protect women and the unborn. Texans want a transportation system that keeps them moving. Texans want a court system that is fair and just. We will not allow the breakdown of decorum and decency to prevent us from doing what the people of this state hired us to do.

The special session will consider the following issues:

• Legislation relating to the regulation of abortion procedures, providers and facilities.

• Legislation relating to the funding of transportation infrastructure projects.

• Legislation relating to establishing a mandatory sentence of life with parole for a capital felony committed by a 17-year-old offender.

via Office of the Governor Rick Perry – [Press Release] Gov. Perry Calls Special Session to Begin July 1.

Rush Limbaugh explains it all #SB5, #SCOTUS

Rush was talking about the Supreme Court ruling on gay “marriage,” but he might as well have been talking about the Texas Dems, Cecile Richards, and last night’s Mob at the Texas Capitol:

I have often said that what animates people on the left — what motivates them, what informs them — is defeating us. No matter how, no matter what, no matter what it means. Their hatred for us overwhelms anything else. No matter the result, victory that includes impugning and demeaning and insulting us is what they seek. It’s what makes them happy. Now, the left politicizes everything, and in this case, hardball politics became the name of the game.

Chaos, Mob, not filibuster, subverted Texas Senate #SB5 #TxLege

In the Texas Senate, the filibuster is a method of allowing a minority viewpoint known. The minority Legislator is allowed to speak without time limits and without unwanted interruptions, as long as he or she follows the rules laid out beforehand.

Yes, Senator Windy Wendy Davis began a filibuster. She knew the rules, and she broke them. Her fellow Democrat Senators engaged in stalling tactics, but it was the noise and chaos in the gallery that made the three minutes of difference that killed the Bill.

You can watch the Senate video at this page.The

Senators West, Whitmire,Watson, Ellis, Van de Putte, Zaffirini, and (of course) Senator Davis proved to all of us that they value the elective abortion of human beings above orderly government and Legislators.

I was, unfortunately, not shocked that Senator Leticia Van de Putte encouraged the gallery to disrupt the Senate. It also appears that she lied about the timing of her motion to adjourn. See the roll call vote beginning about 12:19/15:50. Note that she spoke and that the temporary President, Senator Duncan, responded after the roll call began. 12:31

I was surprised that the gallery wasn’t cleared much earlier, even though it might have meant that I would have had to leave. However, until the last hour, the outbreaks were intermittent and quickly calmed down.

My friends and I were very concerned about the reaction of those who so clearly showed no respect for the rest of us and who greatly outnumbered the State Troopers.  Every seat was full, the pro-life crowd was greatly outnumbered and the halls were crammed with more people in orange.  When the standing and shouting became constant, the Lt Governor signaled to the Troopers who began to remove people in an orderly manner.

More Troopers arrived, but they were constantly at risk of physical confrontation, with some of the Orange shirts resisting the request for them to file out. At one point, the Troopers were forced to lock the West doors of the Gallery and the Mob continued to push from the hall and fill the Rotunda.

I certainly didn’t want to be in the middle of a fight with these people and am grateful that the Troopers kept some semblance of order. I don’t believe that there was a way to clear the gallery earlier or with less disruption than we had and am proud of the State Troopers.

Chub, Scrub, Stuff and Stall #SB5 #TxLege

Orange t-shirts admittedly outnumbered those of us in blue at the Texas State Capitol on Sunday, June 23. However, in the long run, what mattered in the passage of the House version of Senator Hegar’s Senate Bill 5, sponsored in the House by State Representative Jodi Laubenberg, is that Texas voters had sent a clear majority of pro-life Republicans to the House of Representatives.

If you’ve always wondered about the meaning of “chubbing,” look at the 6/23/13 record of the House video, available at the House website. Pro-abortion Democrat after Dem took the microphone to bring an amendment, with fellow pro-abortion Dems standing to ask questions and run out the clock.

You can also watch the effects of “POO,” or calling for “points of order” around 4:30 PM. House Democrats called for a review of the Rules, resulting in adjournment and restart after a delay of 2 hours.

As to those t-shirts, someone showed up with 1000 t-shirts to give away. Where did that money come from?  Interestingly, the women who gave out the shirts also wore Planned Parenthood buttons and successfully instructed those in the shirts how to act in the Gallery. And the orange shirts obeyed immediately.

One theme the Dems repeat is that SB 5 is not the protection for women that the Republicans say it is. They claim that pro-life laws are not about human life and ethics, but rather, simply about winning Republican primaries. This is a great example of “projection” of one’s own motives and wishes onto another. While I believe that Jessica Farrar would abort everyone with spina bifida and that Thompson is convinced that the embarrassment of the trauma of rape and incest is cured by abortion, the ultimate reason for the long night of interruptions and delays is that the clock is running out on the Special Session. If the Dems manage to delay long enough, SB 5 will not pass in the House. Even when it passes, the time used up in the House decreases the time that will have to be wasted in blocking it by filibuster in the Senate.

In the long run, the Democrat members in the Texas Legislature have repeatedly called for unfettered and unregulated elective abortion on demand.They claim that abortion is better for women and families than spending money on babies and children, that allowing babies to be born will ruin women’s lives, that it’s better to abort children with “fetal anomalies” and “birth defects” even when the “defective” human could live and make his or her own way through life. Senfronia Thompson even brought out a coat hanger to shake at the House and claimed that the cure for the “embarrassment” of the trauma of rape and incest is abortion, even after 20 weeks. Every one of the Dems seemed to have no understanding that the facility improvements will not be required for 15 months.

SB5 was passed finally in the House this morning. It will now have to go back to the Senate. There may not be time enough for reconciliation with the Senate version because of delays caused by both the House Republicans and House Dems. I hope that the protections in the Bill become law to protect the women who make the choice to abort their children and to protect the lives of fetuses at 20 weeks and greater.

Edited 7/11/13 for grammar and spelling errors – BBN

Stand for Life Sunday 6/23/13 1PM @ Texas Capitol #SB5 #HB60

#TxProlife and all Texas voters who would stop (or at least limit) the abortions of our little brothers and sisters are asked to join us in a prayerful, peaceful stand in favor of no abortions after 20 weeks, higher standards for abortion facilities and a requirement that the doctors who perform abortions maintain hospital privileges within 30 miles of the facility.

(seriously: doctors should have local hospital privileges, don’t you think?)

Please consider joining us at the Capitol when the House debates these Bills on Sunday. Wear blue, so we can show our numbers.

If you can’t attend, please pray for us and call your Representative’s office to ask for a “yes” vote on SB5 and HB60. Our best chance is to pass the Senate Bill, so the law will go through faster and with less chance of stalling. If the Senate has to agree with a different Bill, there may not be time.

Pray for a peaceful stand for life and courageous Legislators who will defend the Texans of tomorrow!

I won’t be able to follow this page very well during the meeting at the House, but should be able to keep up with those of you who contact me on Twitter, at bnuckols.

2/3 Texans support ban on abortion after 20 weeks

They also found that the majority of Texas voters would support restrictions on abortion that are greater than those we have today.

The University of Texas and the Texas Tribune have published the results of a poll that included questions about voters’ opinions on abortion. The poll of registered voters in Texas, recruited by an organization called “YouPoll.”

Q37. What is your opinion on the availability of abortion?

1.    By law, abortion should never be permitted.                         16%
2.     The law should permit abortion only in case of
rape, incest or when the woman’s life is in danger.                     30
3.     The law should permit abortion for reasons other than rape, incest, or danger to the woman’s life, but only after the need for the abortion has been clearly established.                     13
4.     By law, a woman should always be able to obtain
an abortion as a matter of personal choice.                                    36
5.    Don’t know                                                                                               5

Q38. Do you think that laws restricting abortion here in Texas should be made more strict, less strict, or left as they are now?
1.   More strict                                                        38%
2.   Less strict                                                         26
3.   Left as they are now                                    21
4.   Don’t know/no opinion                              14

By answering “3. The law should permit abortion for reasons other than rape, incest, or danger to the woman’s life, but only after the need for the abortion has been clearly established,” the respondents would actually support laws that are much more restrictive than current law.  However, it’s being reported as though current law requires a need to be established, and to match the answers in Q38.

2/3 of those polled  support for a ban on abortion after 20 weeks, whether or not the abortion causes pain to the fetus. The poll asked half of those polled one question and half another, with very similar results:

C.    [SPLIT SAMPLE a AND b]

a.   Prohibiting abortions after 20 weeks based on the argument that a fetus can feel pain at that point.

1. Strongly support               49%    
2. Somewhat support            13        
3. Somewhat oppose               8        
4. Strongly oppose                 19        
5. Don’t know                         11

b.   Prohibiting abortions after 20 weeks.
1.   Strongly support                            47%
2.   Somewhat support                        15
3.   Somewhat oppose                         8
4.   Strongly oppose                             22
5.   Don’t know                                     9

Rather than reflecting people’s knowledge that 20 weeks – or 5 months – is very close to our current viability of 22-23 weeks, I believe that the responses reflect our conflicted and complicated feelings about abortion in general.

Texas State House Affairs Committee Video

The video is online at this page.

House State Affairs disruption #TxLege #HB60 #SB5

“There are many ways to kill a child, and abortion may be the kindest way to do it.”

That first line was not only a statement made by one woman who testified tonight (watch the meeting at the House website, here), it was a recurring theme at the House State Affairs Committee meeting on June 20,2013, even though there is no evidence that increased elective intentional abortion has ever decreased child abuse.

But, the suggestion that it is acceptable to kill children was not what disrupted the meeting of these Texans.  After many, many times of reminding them not to film the proceedings, not to engage in outbursts that broke up the meeting, Chair Byron Cook announced that he would limit the testimony in order to bring up the second Bill on the Agenda. At that point, the crowd began shouting and some tried to speak without being called to their turn. The Chair called a brief recess and testimony resumed. (Personally, I agree with the Chair that the crowd should be better behaved and with the citizens who had signed in that they should be allowed to speak.)

Earlier this week, Representative Jessica Farrar (D- 148, Houston) sent out this email:

Friend,Governor Perry has declared war on women.  Last week he vetoed the Texas Lilly Ledbetter Act because he thinks women should be paid less than men for doing the same work.  Now, he has added bad women’s health bills restricting safe access to abortion to the Special Legislative Session. This week is your only opportunity to speak out against these bills.Come to the State Capitol this Thursday afternoon and evening, June 20th, when the House State Affairs Committee will hold a hearing on these bad bills.  The hearing will begin at 1:00 p.m. or upon adjournment of the House in Room JHR 140.Please prepare a three minute testimony on the subject, and speak from your heart. What you say can make a difference.  Be ready for a long night, as the hearing will go on as long as it takes.You can also fight back against Rick Perry’s war on women by helping to elect Democrats who will stand up for equal pay and women’s health issues. Please consider donating $5, $10, or $25 to the Texas House Democratic Campaign Committee to ensure that our key Democratic legislators return, and that we are able to gain seats in the House.  Your support now will build the foundation we need to ensure this war on women will go no further.Sincerely,Jessica

Pol. Adv. paid for by the Texas House Democratic Campaign Committee, Lon Burnam, Treasurer.
P. O. Box 1925, Austin, TX 78767

Although Rep. Farrar admitted early on Thursday night, that “there are two lives involved” in abortion,   she is the one who suggested that we should abort every child with spina bifida in Committee, back in the regular Session. Below are some of the other continuing themes we’ve heard during testimony in favor of the status quo and against any new restrictions on abortion providers.

Texas has a culture of hate for women, so we should abort children (male and female) in order to prevent a “brain drain.”

A married Social Worker told us that she was “elated” after her abortion to be relieved of a responsibility she never wanted. Another woman said that her friends had abortions between 18 to 24 years old, claiming that it was before they were able to choose their majors in college or decide on an outfit! Many men said that they were “relieved” not to be burdened with unwanted children. One that really stuck out was 24 years old when he enabled the abortion of his own child.

One man, an angry 30 year old unemployed lawyer, echoed the wish of many of those who came at the call of the Texas Democrats. He and the others believe that the Texas Legislature should work on laws that will give him a job, healthcare benefits. (And child day care, Medicaid for all, maybe even an allowance for stay at home women.)

There were the usual complaints that men in the Legislature were trying to control the women of Texas (ignoring that the author of the Bill, many of the co-authors and a great many of the voters who put them in office are women) and the repetitive accusations that only religious bigots are “anti-choice.”

“There are many ways to kill a child, and abortion may be the kindest way to do it.” Maybe, because then the child will never know. But there are no GOOD ways to do it.

Addendum (or a couple of other recurrent themes):

1. The claim that abortion will prevent the consequences of post partum depression. Abortion is never treatment for what is properly called “perinatal” depression. In fact, perinatal depression can be triggered by miscarriage or spontaneous abortion and by elective interventional abortion.

2. Don’t forget that women and children will be harmed most by the limits on abortion and that Texas’ legislature should let President Obama give us free expanded Medicaid and Obamacare!

Update: the video can be viewed, here, at the Texas Legislature Online website.

Edited 6/21/13 at 9:00 AM to add the link to the video and add the ‘tag” HB60 – BBN

Edited 6/21/2013 for typos and to fix the penultimate (how often do I get to use that word?) paragraph “post partum depression,” not “post partum abortion.” (The latter is not possible, yet.) BBN

Specious “Scientific” Argument for Abortion

There is no more “scientific” justification for killing humans with “fetal anomalies” before birth than for killing them after birth. The decision to kill is always a moral decision – or an immoral one.

Would this author support “after birth abortion” for the babies born with the same anomalies? That must make all those around her – or working at her organization – who were born with or diagnosed with other “variable onset anomalies” feel secure and supported!

Of particular concern are two classes of fetal anomalies that cannot be detected early in a pregnancy. First are the variable-onset fetal anomalies. These anomalies begin at variable gestational ages but are often detected beyond 20 weeks. Second are the late-onset anomalies that develop late in the gestational age of the fetus, typically in the second or third trimester, or are undetectable until the abnormality is at the end-point of a pregnancy. Importantly, the 20-week bans passing across the states generally do not include exceptions for lethal fetal anomalies, meaning women are forced to carry fetuses with anomalies to term, regardless of viability.

I’m not making a simple “anti-choice” statement. We know that in nearly all cases, abortion at this stage is more dangerous for the mother than carrying to term.

Talk about the pot calling the kettle black, here’s the “science:”

Advocates of 20-week abortion bans generally rely on junk science based on the pseudoscience of fetal pain to warrant the state laws prohibiting third trimester abortions. Their claims stem from erroneous assertions that the fetus feels pain at 20 weeks, despite several comprehensive literature reviews demonstrating no credible evidence of fetal pain until the third trimester.

This is not how science is done. Science is not a consensus, it’s observation and reporting of data that can be reproduced. The definition “agreed” upon by pro-abortion advocates involves emotions and is nothing but a neo-scientific construct, that igores real scientific evidence of higher brain response to noxious stimuli.

The same ethics hold for abortion as for any other intentional, elective killing of a member of our species: only kill when it’s absolutely necessary to save another life endangered by the first – the life of the mother.

“Science Progress” is a branch of “Center for American Progress,” the far-left public policy organization begun by John Podesta.

Texas Judge: Lesbian Couple Can’t Cohabitate –

Some people still try to convince us that it’s a good thing that children have people other than their parents living in the home, in spite of the evidence.

This woman wants out of the contract she agreed to when she got the divorce that was the end of another contract: her marriage. Can’t help but wonder whether a case like this will this be the end of true marriage in Texas. And the end of the rule of law and honoring contracts.

They also said in the statement that the clause “is a burden on parents, regardless of their sexual orientation, that takes away and unreasonably limits their ability to make parental decisions of whom their children may be around and unreasonably limits what the United State Supreme Court has identified as the liberty of thought, belief and expression.”

via Texas Judge: Lesbian Couple Can’t Cohabitate – ABC News.

 

For a mega-study using data from the CDC, see this article, Blackwell DL. “Family structure and children’s health in the United States: Findings from the National Health Interview Survey, 2001–2007.” National Center for Health Statistics. Vital Health Stat 10(246). 2010.

Denouement: The Death of #SB303

The 83rd Legislature of the State of Texas still has a couple of weeks to go, and it ain’t over ’till both the House and Senate are sine die, but it appears that SB 303 did die over the weekend.

Representative Susan King, who broke her leg last Sunday, just the day before the marathon meeting of the House Public Health Committee, has done an incredible job of working with Senator (Dr.) Bob Duell in their attempt to reform our State’s Advance Directive Act through SB 303.

The Committee Substitute which Representative King presented in the Committee had all of the benefits I wrote about last week, as well as a revision to prohibit a doctor from writing a DNR order against the wishes off a competent patient.

(Talk about unintended consequences: current law is silent on “DNRs,” so it’s apparently legal for a doctor to order that resuscitation not be performed on a competent patient without any discussion with the patient, much less obtain consent!  I have sincere doubts that any doctor would do so, but there have been allegations. Even though the ones who claim to have knowledge – and who have not produced one iota of proof – are the same disingenuous cynical scaremongers (I’ll call them “CS2”) I’ve mentioned before, this reform would be a good.   And should be accepted on its face.)

Because of the egregious misrepresentations of the  CS2, Committee Chair Lois Kolkhorst declined to allow SB303 out of the Committee as it was written. Rep. King tried one more time, with a bare bones CS1 containing the protection against DNRs for competent patients and the prohibition against withdrawal of Artificial Hydration and Nutrition, except when it would harm the patient or hasten his death.

So, for the next two years, when you hear the CS2 complain about Texas “death panels” or read a plea for funds to fight “secret DNRs” and withdrawal of food and water in Texas hospitals, remember the CS2 who killed pro-life reform in the 83rd Legislature.

Cloned human embryos announced

If we can still believe scientific journals, Cell reports in the June 6, 2013 issue indicate that  scientists have succeeded in cloning human embryos.

The term used for cloning by the group is “reprogramming” fibroblasts using somatic cell nuclear transplantation. However, there’s no longer an attempt by the authors or members of the scientific press to create a new “unfertilized blastocyst” or pre-embryo: the embryos are called embryos, morula, and blastocysts.In recognition that these are not quite the same as embryonic stem cells derived from embryos produced by direct fertilization, the stem cells derived from the cloned blastocysts are designated as “Nuclear Transfer Embryonic Stem Cells” or NT-ESC.

Tachibana’s group obtained well over a 100 oocytes from women who underwent ovarian stimulation and transvaginal retrieval.

The growth of four embryos to the blastocyst stage resulted in NT-ESC, after differentiation into a blastocyst with a trophoblast (precursor of the placenta) and the inner cell mass (the part that will develops into the actual body of the human). These embryos were destroyed to harvest the ICM.

The report details years of research to find the optimum technique for cloning human embryos. It was found that the mitotic stage of the oocytes, MII, is critical. The researchers further developed a protocol utilizing caffeine and electrical stimulation to induce activation of the fused nucleus from the skin cell and donor oocyte. In addition, the authors found that “higher quality oocytes,” those more likely to form viable embryos, resulted when the ovarian stimulation yielded fewer than ten oocytes. If larger numbers of oocytes were produced due to the ovarian stimulation, somatic cell nuclear transfer was less likely. In fact, the first four clones that developed far enough to produce NT-ESC came from one woman who donated eight oocytes in one cycle, resulting in the production of five cloned embryos.

There are several ethical problems which surround this research.

First, as strongly noted by the Center for Bioethics and Culture, the ovarian stimulation risks abuse of women who might be placed at risk due to the hormones administered to induce ovulation. As noted in the paper,

“In the context of generating patient-specific pluripotent stem cells, reproducible results with various patient-derived somatic cells and with different egg donors are a necessity.”

Although the donation is called voluntary and anonymous, the women were compensated for their “time, effort, discomfort, and inconvenience associated with the donation process.”    I can’t help but wonder about how long the anonymity will last for the one woman whose oocytes yielded those first four successful clones and NT-ESCs or for the two women whose oocytes yielded the clones confirming the reproducibility of their method, in the second stage of the research. Or how much pressure they will face to continue to donate “voluntarily.”

The lack of concern for the women involved is revealed in this interview with the authors at The Scientist,

““I was worried that we might need a couple of thousand eggs to make all these optimizations, to find that winning combination. But it actually took just 128 [eggs], which is a surprisingly low number to make 6 [hESC] lines.””

6 NT-ESC lines were derived from 128 harvested oocytes, for a yield of 4.6% In later stages, the success rate was still 2 NT-ESC lines from 7 embryos and 15 oocytes, or 13% of oocytes.

The primary objection is that 100% of the human embryos were created in harm’s way and must be destroyed to harvest the NT-ESCs.

These embryos are delayed human twins, artificially induced. Although the first cell of these embryos began in the lab, as the result of highly technical and involved procedures, they are human embryos and near-identical twins of the somatic cell nucleus.   There is indirect acknowledgement that the embryos are twins of the donor of the fibroblasts by the reporting that tests of the chromosomes of the cloned embryos show that the DNA matches that of the donor of the fibroblasts, a patient with Leigh’s syndrome.

The sources of fibroblast nuclei raise other ethical dilemmas. The first research was carried out using female fetal fibroblasts. Later research involved creating human embryos with Leigh’s syndrome.  Leigh’s syndrome results from a genetic defect of the mitochondria, the cell “power plant,” which is inherited from the mother and only found in the cell cytoplasm, not the nucleus. Reports are already ignoring the fact that the donor’s twins were produced with the express intention of destroying them for their inner cell mass. At least one is predicting that this is a technique which can be used to create future children for mothers who have the abnormal mitochondria.

The report, Tachibana et al., “Human Embryonic Stem Cells Derived by Somatic Cell Nuclear Transfer,” Cell (2013),http://dx.doi.org/10.1016/j.cell.2013.05.006, is available on-line and in PDF (as of today).

My Testimony on #SB303 (Conscience, Rights, Medical Judgment and Law)

Note: I’ve heard that there’s a new Committee Substitute that will soon be introduced that is more explicit on DNR’s, especially on informed consent and on competent patients.

If laws demand that physicians perform acts against our consciences, you will end up with only doctors without consciences willing to perform the acts in question.

After a few more words about the meeting of the 83rd Texas Legislature Public Health Committee, I’ll post my written testimony that I turned in to the Committee. You can watch the video of the meeting, here. My testimony begins about 4:59/8:20.

I spoke just before midnight, after many others had covered the good (or bad, depending on their opinions) reforms in SB 303, so I didn’t really go in to those when I talked. Instead, I explained how I handled the few times I’ve had to write DNR’s without consent from the patient or a surrogate.

I also talked about the medical judgement of physicians, about the definition of the “right to life”as a negative right. This means that I can be prohibited from killing, but not that I can be forced to indefinitely act against my conscience and medical judgment. It’s a tough concept, meaning no one can claim that their right to life means that they can take my food and shelter, my labors or my liberty to keep them alive.

Then, I explained that yes, doctors have a special relationship, a covenant or, at least, a professional relationship due to our privilege of practicing medicine. But the duties aren’t unlimited and they are not all one way. The 10 days plus 21 days in the version of SB303 that we were discussing that night should be a sufficient time trial or test of time for the patient and the doctor’s decisions about the medical treatment, including DNR’s, that the family demands.

The explanation about the nature of medical judgment that I gave is in the written testimony:

May 13, 2013

Chair Kolkhorst and members,

The Texas Advance Directive Act of 1999, created a procedure for resolving disagreements between doctors and their patients or surrogates about which interventions are medically appropriate. The experiences of patients and doctors during the few times that procedure has been invoked over the years, revealed some problems.

The reforms in SB 303 improve the Advance Directive Act by

·      Giving patients and their surrogates much more time and assistance than current law provides in order to prepare for the ethics committee meeting and, if necessary, to find a new doctor willing to accept responsibility for the care of the patient,

·      Clarifying the succession of surrogates under state law,

·      Protecting the patient’s access to artificially administered hydration and nutrition,

·      Restating Texan’s belief that patients should be treated equally regardless of age, disability or ability to pay,

·      Adding a whole new section regulating the implementation of Do Not Attempt Resuscitation orders, which our State law hasn’t addressed at all in the past, and

·      By protecting the conscience rights of doctors from undue threat of civil, criminal and regulatory liability.

 

After all, while the hospital provides structure in the form of policies and the medical committee provides oversight about ethics and standard of care, it’s doctors like me, not hospitals or committees, who practice medicine using our medical education and experience guided by conscience, or medical judgment. Medical judgment, not lawyers and paperwork at the bedside, is what enables me to predict the effectiveness of interventions before I order them.

Like all but a handful of Texas doctors, I’ve never had to ask for a medical ethics committee review, but I have had to ask another doctor to co-sign a DNR when I couldn’t find a legal surrogate. As a family doctor, I’ve found that algorithms and “cookbook medicine” or lines of succession for absent family members sometimes aren’t enough when a patient’s physical condition is deteriorating quickly or even when disease runs its expected course, causing organ system after organ system to fail. 

Ethics and laws generally lag behind medical advances. Once upon a time, people who couldn’t breathe for themselves were considered to have died a “natural death,” but we keep changing the rules about what we expect human bodies and the “art” of medicine to do. Please support the necessary and important reforms in SB 303.

Thank you for your time and attention,

Beverly B. Nuckols, MD, FAAFP, MA (Bioethics)