Posts Tagged ‘Abortion’

An Indiana Power Grab Shows Politics At Its Worst

Thursday, July 21st, 2022

Fifty-two-year-old Theodore Edward Rokita, known as Todd, not Ted, is Indiana’s 44th Attorney General.

A dedicated far-right Republican, his political life is a thirsty search for one powerful political office after another. Elected Indiana’s Secretary of State at age 32 in 2002, he was the youngest Secretary of State in America at the time. He went on to capture Indiana’s 4th Congressional District seat in 2011 and served in the U.S. House until 2019.

In 2015, during his time in the House, Indiana created the Healthy Indiana Plan and expanded its Medicaid Program to take advantage of the Affordable Care Act. Rokita’s reaction to this was to say the ACA was “one of the most insidious laws ever created by man.”

He ran against Eric Holcomb for Governor in 2016 to replace Mike Pence, who had resigned to become Donald Trump’s running mate. Holcomb won convincingly, and, as I hope to prove below, Rokita never forgave him for the drubbing.

In 2017, Rokita resigned his House seat and sought the Republican nomination for U.S. Senator. He failed again.

But in 2020, in a political comeback of sorts, Todd, not Ted, Rokita defeated incumbent Curtis Hill for the Republican nomination for Indiana Attorney General, and in November 2020, he won the general election.

If that were all we ever learned of Todd Rokita, we could chalk him up as just another political hack of the Republican persuasion.

But the story doesn’t end there. It begins there. And it begins with a 10-year-old girl from Ohio.

In May 2022, a man from Columbus, Ohio, Gerson Fuentes, 27, allegedly raped that 10-year-old girl not once, but twice, and she became pregnant by him. On 27 June, a child abuse doctor treated her, but could not refer her for an abortion in Ohio, because, following the Supreme Court’s Roe reversal earlier in June, Ohio’s trigger law fired and outlawed abortions after six weeks of insemination. He determined the girl was six weeks and three days pregnant. So, he called a colleague in neighboring Indiana, where abortions were still legal in the first 22 weeks. Dr. Caitlin Bernard, an obstetrician-gynecologist, agreed to help, and the 10-year-old was quickly on her way to Indiana.

On 30 June, Dr. Bernard performed the abortion. The 10-year-old, who will bear the horrid psychological scars of this for the rest of her life, was spared the further horror of giving birth to her rapist’s child.

Among all the bureaucratic red tape government can create, Indiana has created what are called Termination of Pregnancy Reports, TPRs, and these must be completed by physicians who terminate pregnancies in the state. In the case of a pre-teen abortion, the law calls for TPR completion within three days of the abortion. Dr. Bernard completed and submitted her TPR for the 10-year-old within two days, on 2 July, thereby complying with the law.

On the first of July, one day after the abortion and one day before Dr. Bernard submitted her TPR, the Indianapolis Star ran a story about pregnant women from Ohio and Kentucky who were heading to Indiana for abortions because of the restrictive laws in their states. The story began:

On Monday, three days after the Supreme Court issued its groundbreaking decision to overturn Roe v. Wade, Dr. Caitlin Bernard, an Indianapolis obstetrician-gynecologist, took a call from a colleague, a child abuse doctor in Ohio.

Hours after the Supreme Court action, the Buckeye state had outlawed any abortion after six weeks. Now this doctor had a 10-year-old patient in the office who was six weeks and three days pregnant.

Could Bernard help?

The story later said Dr. Bernard had agreed to help. It did not say she had performed the abortion, just that she had agreed to help.

This story caught the nation’s attention, mostly for the wrong reasons. It was ridiculed. The Wall Street Journal called it “fanciful.” Republican Ohio Attorney General Dave Yost was among those who questioned the validity of the story.  Ohio Republican Representative Jim Jordan called the story “another lie” in a now-deleted tweet. Some of Fox’s most high-profile hosts — Tucker Carlson, Jesse Watters, Laura Ingraham — suggested the account of the 10-year-old rape victim was a “hoax” and “politically timed disinformation,” and claimed that the Biden administration was “lying” about the case after the Supreme Court overturned Roe v. Wade.

All this happened between the Indy Star’s story and the arrest—and confession—of Mr. Fuentes, which is when the backtracking happened. Jordan deleted his tweet, the WSJ issued a “correction,” Fox News actually took credit for “justice being served,” and Indiana Attorney General Todd Rokita, with all the empathy of an empty paper cup, saw an opportunity and took the stage.

Was he devastated that a 10-year-old had suffered such a horrific experience? If he was, he never said. What he did say, during a press conference he hurriedly called on the subject, complete with TV, Radio and Print media, was that he would be investigating Dr. Bernard for failing to provide the Termination of Pregnancy Report within the time required by law (She had).

On 13 July, twelve days after the abortion, he wrote a letter to Governor Holcomb, the same Eric Holcomb who had trounced him in the race for Governor, advising, “If  Doctor Bernard has failed to file the required reports on time, she has committed an offense, the consequences of which could include criminal prosecution and licensure repercussions.” Rokita went on to say “key” people on his staff had been trying to get the Indiana Department of Health to forward the TPR for two days, without success. Two days.

Rokita’s letter lectures the Governor, saying, “As state officeholders, we bear an important responsibility to get to the bottom of this matter immediately….” He admonishes the man who beat him in the election of 2016 by saying Holcomb should “direct the state agencies under your purview to produce immediately to my office the requested TPRs…so we can confirm Dr. Bernard’s compliance with the law.”*

Not one drop of the Balm of Gilead does Todd, not Ted, Rokita offer the 10-year-old whose life has been so tragically scarred. Nope. He can’t be bothered. He has other things on his mind. He is 100% focused on scoring whatever rancid political points he can.

No wonder people hate politicians.

 

*On 14 July, one day after Rokita’s letter to the Governor, Indianapolis TV station Fox 59 published the TPR, submitted by Dr. Bernard within two days of the procedure, which it had secured by a Freedom of Information request. Maybe Todd should have tried that.

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Mississippi: America’s Third World Country

Wednesday, May 11th, 2022

Although I have been there only once, I can’t help thinking about Mississippi.

Mississippi has recently been in the news, of course, because its 2018 Gestational Age Act will be upheld in the same Supreme Court decision overruling Roe v. Wade, which we discovered from Justice Samuel Alito’s leaked first draft opinion for the majority.

This is not Mississippi’s first foray into restricting abortion. In 2007, the state passed its version of an abortion Trigger Law, which “bans all abortions unless necessary to save the life of the pregnant woman or if the pregnancy was caused by rape and charges have been filed with law enforcement,” and which takes effect immediately following the state attorney general certifying the Supreme Court has overturned Roe v. Wade. The Trigger law had 19 male legislative sponsors and zero female sponsors. Regardless, Mississippi has been ready for this for 15 years.

But has it been ready for what comes next?

Matthew Walther, editor of The Lamp, a Roman Catholic literary journal, and a person who will never be accused of favoring abortion, sees predictable and unpleasant consequences after Roe is no longer the law of the land. In his 10 May 2022 guest essay for the New York Times, “Overturning Roe will disrupt a lot more than abortion. I can live with that,” Mr. Walthern acknowledges what very few anti-abortionists want to admit.

Research over the years has suggested that an America without abortion would mean more single mothers and more births to teenage mothers, increased strain on Medicaid and other welfare programs, higher crime rates, a less dynamic and flexible work force, an uptick in carbon emissions, lower student test scores and goodness knows what else.

But Mr. Walther, despite envisioning a gloomy horizon, “can live with that.” I cannot restrain myself from pointing out that Mr. Walther is of the male persuasion and, consequently, faces little likelihood of ever having to “live with” personal pregnancy.

Nonetheless, he makes a good argument, which brings us back to Mississippi.

A few points worth considering:

  • Poverty: According to the Department of Agriculture, 20.29% of Mississippi’s adults and 27.6% of its children live below the poverty line. This is the highest poverty rate in America where the national average is 11.4%.
  • Income: The median family income in Mississippi is $45,081. This is the lowest in the nation. According to the National Census Bureau, the national average in 2019 was $65,712.
  • Education: Only Texas, at 84%, ranks lower than Mississippi, at 85%, for the percentage of high school graduates. The national average is 89.6%. Only West Virginia, at 21%, ranks lower than Mississippi’s 22% for the percentage of college graduates. The national average is 31.28%.
  • Life Expectancy: At 74.4 years, Mississippi has the lowest life expectancy rate in the nation. Of note, the life expectancy rate for Mississippi’s men is 71.2 years.
  • Fetal Mortality: Mississippi’s fetal mortality rate, the number of deaths at 24 or more weeks of gestation per 1,000 live births, is 6.6. This is the highest in the nation. The national average is 3.68. If that isn’t enough, fetal deaths have lately doubled among unvaccinated pregnant women who suffer COVID-19 infections, State Health Officer Dr. Thomas Dobbs said during a Mississippi State Department of Health press conference in September, 2021.
  • Infant Mortality: The Infant Mortality Rate is the number of infant deaths per 1,000 live births. At 8.27, Mississippi’s is the highest in the nation, far exceeding Louisiana’s rate of 7.53, which is the second highest.
  • Maternal Mortality: According to the Centers for Disease Control and Prevention (CDC), Mississippi’s maternal mortality rate is 20.8, again, the highest in the country, where the national average is 17.4, which is the highest among all members of the Organization for Economic Co-operation and Development (OECD). A maternal death is defined by the World Health Organization as, “the death of a woman while pregnant or within 42 days of termination of pregnancy, irrespective of the duration and the site of the pregnancy, from any cause related to or aggravated by the pregnancy or its management, but not from accidental or incidental causes.”
  • Maternity Leave: Mississippi has no guaranteed Maternity or Sick Leave in its state laws.
  • Smoking: According to the CDC, 20.4% of Mississippians smoke. This is the fourth highest in the nation.
  • Autopsies: Something you probably have never have considered until now: Autopsy backlogs. According to the National Association of Medical Examiners (NAME), 90% of all autopsies should be completed within 60 days of death. The NAME has never accredited Mississippi, which has the highest backlog in the nation. The Mississippi State Medical Examiner’s Office was waiting for about 1,300 reports from as far back as 2011, records sent to the Associated Press in early April show. Around 800 of those involve homicides – meaning criminal cases are incomplete.
  • Abortion: According to the Mississippi Department of Public Health, the state has about 3,500 abortions annually. This represents 4.3 abortions per 1,000 women of reproductive age.
  • Finally: Mississippi ranks highest in the nation for Percent of Births to Unmarried Mothers, Cesarean Delivery Rate, Preterm Birth Rate, and Low Birthweight Rate.

Reading the above, one might be forgiven for thinking  there is a significant population in Mississippi who are actual victims of the state’s inability, or outright refusal, to carry out its first responsibility: to provide for the security and safety of its citizens.

Thinking about this, I have to ask: Given how well it’s doing now, how in the world is Mississippi going to cope with 3,500 new births per year? On CNN this past Sunday, Jake Tapper interviewed the state’s Republican Governor, Tate Reeves. That interview offered a glimpse of what is likely coming, a catastrophe becoming worse than it already is, which is considerable.

Tapper: Mississippi, as you know, has the highest rate of infant mortality in the United States. You have the highest rate of child poverty in the United States. Your state has no guaranteed maternity leave that’s paid. The legislature in Mississippi just rejected extending post-partum Medicaid coverage. Your foster care system is also the subject of a long-running federal lawsuit over its failure to protect children from abuse. You say you want to do more to support mothers and children, but you’ve been in state government since 2004. Based on the track record of the state of Mississippi, why should anyone believe you?

Reeves: I believe in my heart that I was elected, not to try to hide our problems, but to try to fix our problems. We are focusing every day on fixing the challenges that are before us.

Good luck, Governor. You and all those “unborn” children who are about to be “saved” are going to need a lot of it. And so are the Mississippi women who are about to become the state’s newest victims.

 

 

 

 

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The Leak

Tuesday, May 3rd, 2022

At 8:30pm Monday night, Politico reporters Josh Gerstein and Alexander Ward dropped the biggest journalistic bombshell of a year filled with journalistic bombshells when they published a leaked first draft of the Supreme Court’s decision to overrule and strike down the 49-year-old Roe v. Wade decision, which made abortion constitutional, and therefore legal, in all 50 states, Puerto Rico and the District of Columbia. This ruling, which, according to experts, should be made official in a month or two, also affirms Mississippi’s ban on abortions after the 15th week. Today, the Supreme Court said the leaked draft is authentic, and Chief Justice John Roberts, calling it an egregious breach of trust and confidentiality, said an investigation would begin immediately to discover how it happened and who is responsible.

It is important to note this is a “First Draft.” There may be more. However, a vote has been taken, and we know the results. Between now and the official ruling, votes can change, but probably won’t.

Supreme Court leaks have happened before. In an ironic twist, the night before Roe v. Wade was announced in January of 1973, a Supreme Court clerk leaked the decision to the Washington Post.

Thinking about the decision and the leak, I would like to offer a few points for your consideration.

First, I can see no sense to this leak, which I think disgraceful and a betrayal of trust. The reason I see no sense to it is because it achieves nothing that would not have been achieved when the ruling is made public in its final form in a month or two. At that time there would still be ample opportunity for it to play out vis-à-vis mid-term politics. So, why now? Who gains what?

Second, right now we have no idea if this was politically motivated. If it was politically motivated, we do not know the motivation behind the person who leaked it. It could have been anyone with access to Court documents. Imagine a clerk leaves the decision lying around, or forgets to turn off a computer, whereupon somebody else decides to cause a little mayhem. The point is anything is possible in our current vacuum of ignorance.

Third, Justice Samuel Alito wrote this first draft of the decision. In Alito’s confirmation hearings he was asked about his previous writings regarding Roe, writings in which he wrote Roe was unconstitutional. He wrote that the Constitution says nothing about abortion and that abortion decisions should be left to the various states. He responded to those confirmation questions by saying he would “put aside” the things he argued when a mere lawyer and “think about legal issues the way a judge thinks about legal issues.” The interesting thing here is the decision he has now authored is a mirror reflection of what he wrote when a “mere lawyer.” He writes now that Roe was “egregiously wrong” from the beginning; that the Constitution says nothing about abortion; and that the matter should be left to the “elected representatives” in the various states. Makes one wonder.

I would note that the Constitution also says nothing about baseball, but on November 9, 1953, the Supreme Court upheld a prior, controversial decision that allowed major league baseball to operate outside of the Sherman Antitrust Act. Maybe Justice Alito would like to overturn that decision, too?

Fourth, this is NOT akin to the Pentagon Papers, as some are arguing. The only thing this has in common with the Pentagon Papers, which documented governmental lying about the Vietnam War, is the method by which we learned of it: a leak. We would never have learned of the Pentagon Papers but for the leak. Without the present leak, we would have learned of this decision in the near term – which we still will. This decision, regardless of whatever you think of it, and I condemn it in the highest possible terms, has nothing to do with governmental lying with respect to national security.

Fifth, At least one Supreme Court Justice, Brett Kavanaugh, lied during his confirmation hearing. When asked about Roe, he responded it was “settled as a precedent,” because “it has been reaffirmed many times over the past 45 years.” Apparently, he did not believe that, or he would not have voted to overturn Roe now. He certainly could have voted to allow Mississippi’s abortion ban after 15-weeks to stand without overturning “settled law.” We may be forgiven for wondering if Justice Kavanaugh lied about a few other things during his confirmation hearing.

A note about “settled law.” Settled law is settled until it isn’t, as in this case. I point out that the Dred Scott decision was once “settled law.”

Sixth, in a tangential development, reporters asked Senator Susan Collins, (R-Maine), her reaction to the leaked decision. You may recall, just prior to Kavanaugh’s confirmation hearing she emerged from a meeting with him and said he’d assured her that Roe is “settled law.” She gave him her vote. Today she was asked about that and said:

“If this leaked draft opinion is the final decision and this reporting is accurate, it would be completely inconsistent with what Justice Gorsuch and Justice Kavanaugh said in their hearings and in our meetings in my office. Obviously, we won’t know each Justice’s decision and reasoning until the Supreme Court officially announces its opinion in this case.”

Seventh, Chief Justice Roberts also responded to questions about Roe during his confirmation hearing. When asked if Roe was settled law, he replied, “It is settled as a precedent of the Court, yes.” Roberts did not vote to overturn Roe in this draft decision.

Eighth, this seems one more reason to think we are now living in two countries, one Red, one Blue. Eventually, if we’re lucky, very lucky, we will find common ground when we once again begin electing leaders who aspire to embrace the values, the good ones, upon which America came to be. I don’t know about you, but that time cannot come soon enough for me, if it ever does.

My question is: What happens to this country if it doesn’t?

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