abortion – Sheila Kennedy

Let’s Send A Message

I have occasionally quoted my cousin Mort, a noted cardiologist, on issues involving medical care. He recently shared with me his concerns over the challenge of providing appropriate–or even barely adequate–medical care to women in the wake of the Dobbs decision. In Indiana, this is a huge problem, because–unlike other states– We the People lack any effective electoral mechanism to reverse our GOP-dominated legislature’s assaults on reproductive liberties.

As I was reading my cousin’s email, it occurred to me that while Indiana voters might not be able to mount a referendum, we do have a way to send a message to the pious, self-important legislators who think that occupying a gerrymandered seat in the General Assembly entitles them to overrule people with specialized expertise who actually know what they’re doing.

That message is our vote.

Here’s my proposal: Every pro-choice voter in Indiana should go to the polls and vote Blue “all the way down.” In addition, they should make sure their state senators and representatives know that their vote is tied to reproductive choice–by posting on social networks, writing their legislators, or by carrying a sign or wearing a t-shirt saying “pro-choice voter” when they go to the polls.

As my cousin knows–and Indiana’s Republican legislators evidently don’t– reproductive autonomy isn’t just about being forced to give birth; it is often a matter of life and death.

The U.S. House of Representatives Energy and Commerce Committee’s Ranking Member, Frank Pallone, Jr. (D-NJ), has recently released a 40-page report detailing the findings of a 10-month-long investigation into the impact of the Supreme Court’s Dobbs vs. Jackson ruling on the practice of obstetrics and gynecology. This was the court’s decision on June 24, 2022, that took away a woman’s previously recognized constitutional right to abortion and gave states the right to limit or outlaw abortions.

In September 2023, Pallone launched the investigation to examine how providers and, by extension, their patients, are impacted by the Dobbs decision. In conducting the investigation to determine the effects on medical practice, the Democratic Committee staff interviewed OB–GYN educators and resident physicians. The investigation disclosed alarming effects that included the following:

Providers are seeing sicker patients suffering from greater complications due to delayed care caused as a result of the Dobbs decision.
The Dobbs decision has harmed the training of OB–GYN residents in restrictive states.
Residency applicants are increasingly concerned about the quality of abortion training programs offered in restrictive states.
Residency directors are finding restrictions on clinical communication are degrading trust between providers and patients and are robbing patients of the ability to make informed decisions about their health.
The training of OB–GYN residents in abortion-protective states has been harmed as programs in those states strain their capacity and resources to help train out-of-state residents from restrictive states.
Restrictive state laws are already leading us to a future with a provider workforce less prepared to provide comprehensive reproductive health care.
OB–GYN residents and program directors are increasingly frustrated, discouraged, and experiencing negative mental health effects in the aftermath of the Dobbs decision.
Residency program leaders who participated in the report universally agreed that abortion care is integral to other components of reproductive health care and should not be eliminated or isolated from residency training.
After Dobbs, OB–GYN residency applicants more strongly preferred programs in states that permit abortion access.
A patchwork of state restrictions is leading to disparate systems of reproductive health care, worsening reproductive and maternal health care shortages, and fracturing the OB–GYN workforce.

As my cousin concluded (I could almost see the smoke coming out of his ears!), Dobbs was yet another example of the naivete and hubris of a politicized Supreme Court. The Court flouted scientific evidence, overruling knowledgeable and skilled medical practitioners in a field in which they were totally unqualified.

I will readily admit that my recommendation–vote Blue to send a message–might require a few Hoosiers to be single-issue voters this November. Those of us who have already surveyed the caliber of candidates being offered by Indiana’s GOP and the issues they are peddling will have no problem voting Blue from top to bottom, but pro-choice Republicans may find it more difficult (although really, Republicans–have you looked at your statewide ticket? Those MAGA theocrats sure don’t resemble the Republicans I used to know…)

Trump keeps saying that abortion/reproductive liberty is no longer a “big deal” electorally. He’s so wrong.

Even one election cycle that turned Indiana Blue–or even purple–would send a much-needed message to our legislative overlords. And we might even elect competent and thoughtful public servants for a change!

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Why And How Women MUST Vote In November

As some Indiana readers of this blog probably know, one of my volunteer activities is with a relatively new organization, Women 4 Change Indiana. The organization was founded in the wake of the 2016 election that put a mentally-ill, racist misogynist in the Oval Office. It works to improve Hoosier governance, opposing gerrymandering, engaging in a variety of civic education efforts, and–in the weeks and days leading up to elections–to get out the vote.

Recently, I was tasked with producing brief–but hopefully compelling–messages about the importance of women’s votes. Women 4 Change highlights those reasons on its website, and (in case you’ve missed them) I’ve compiled them below.

For women, especially, the upcoming election is about one over-riding issue: what is—and isn’t– government’s business? The Dobbs decision did more than allow legislatures to eliminate women’s reproductive rights; it challenged the longstanding constitutional doctrine that there are certain things individual citizens get to decide for ourselves. That doctrine—called “substantive due process” or “the right to privacy” prevents government from making decisions that should be left up to the individual: what you read, who you marry, whether, when and to whom you pray, what political opinions you hold. In answer to the question “who decides?” the current Supreme Court says “government.”

In the upcoming election, women especially need to vote for candidates who will support the return of America’s traditional, non-partisan judiciary. When ideological or corrupt judges are on the bench, women and minorities suffer, and the public loses respect for the legal system and the rule of law.

Since polling shows that large majorities of Americans—especially women– care about gun violence, women should take care to explore candidates’ positions on guns and gun ownership. What do the candidates say about the “right” to own and carry assault weapons? Do they support “red flag” laws that keep guns out of the hands of dangerous individuals and perpetrators of domestic violence? Do they oppose reasonable background checks?

Americans are already experiencing the effects of a warming planet. Women who worry about the livability of the world we’re leaving to our children and grandchildren need to vote for candidates who support government’s efforts to combat climate change, and need to oppose candidates who are trying to slow the transition from fossil fuels to clean energy.

In order to leave our children and grandchildren a better world, women need to withhold support for candidates giving aid and comfort to racism, anti-Semitism, misogyny, homophobia and all the other “isms”–the bigotries that divide Americans into armies of “us” and “them.” Real Americans understand that people should be evaluated on the basis of their behavior, not on the basis of their gender, religion, sexuality or skin color. (When I sent this particular part of the text to the organization, I suggested additional language to the effect that every group is a mixture of good people and assholes, but for some reason, they didn’t include that language…)

Mothers and fathers both have important stakes in the operation of their public school systems—especially in maintaining and protecting the professionalism of teachers and librarians. Women are disproportionately harmed when religious fundamentalists take control of school boards and libraries, because the books that are censored when that occurs are most often those that portray “non-traditional” families in a positive light, but everyone is harmed when teachers are told what they can and cannot teach, and the entire student body is prevented from accessing library books that may offend some citizens.

Quite obviously, these reasons to vote also apply to men–at least the ones who aren’t terrified of living in a world they have to share with females, gay folks and people of color…

Women4Change is non-partisan, so the organization confines its messaging to pleas to turn out– exhortations to vote for the candidates of one’s choice. This blog most definitely does not operate under that constraint. Every one of the above reasons is a reason to vote Democratic. The Grand Old Party I once worked for has disappeared, and the cult that has replaced it is wrong on every single one of these issues–and plenty of other issues as well.

I’ve given up trying to understand the people who look at today’s Republican candidates– in thrall to a narcissistic ignoramus and his legions of bigots who want to return us to the 1950s — and say “Yep, those are my guys!” I only know that those of us who haven’t drunk the Kool Aid need to vote–and we need to drag our sane friends and relatives to the polls with us.

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Mike Leppert Nails It

One of the most frustrating aspects of today’s information environment is its fragmented nature. Many of us depend upon widely respected national sources of news and even wisdom–the Heather Cox Richardsons and others who bring scholarship and acumen to in-depth discussion of the issues that confound us. Fewer of us know about or subscribe to blogs and newsletters produced by local folks–and that’s a shame, because many of them deserve to be more widely read. I’ve updated my blogroll to include a couple, including that of my friend Michael Leppert, whose weekly posts can be accessed here. I highly recommend them.

Mike is currently a lecturer at Indiana University’s Kelley School of Business, and an adjunct professor at IU’s O’Neill School of Public and Environmental Affairs. He’s also a columnist and an author. (I was honored to write the introduction to his first book, Contrary to Popular Belief.) He has worked for the State of Indiana and as a lobbyist. Because he knows how things work, his blog is a deeply informed look at politics and the policy process.

A recent post, in my humble opinion, hit it out of the park.

Leppert was considering the abortion landscape after Dobbs, and reminding voters that–on reproductive rights– We the People have the right to the final word.

In his policy classes, Leppert says he’s focused on two primary ideas: “One, that governing is choosing; and two, there is no bigger asset or burden in the public policy process more powerful than time.”

The best contemporary policy example to use for understanding American democratic processes is the debate on women’s reproductive health freedom. Not just because of the Dobbs or Roe decisions, but because it is a policy that is truly a governing choice, unimpacted by infinite conditions beyond decision-makers’ control.

Unlike economic conditions or foreign policy, which are impacted by infinite conditions beyond anyone’s control, voters have the opportunity to determine the extent of abortion rights.

In some states, unlike Indiana, voters have access to referenda or initiatives. As he notes:

Eleven states are headed for referenda votes in November on constitutional proposals to create or protect abortion rights. Nine of them were initiated by voter petition. Four of those states already effectively have bans in place. Even Arkansas reached their threshold of signatures last week just before that state’s deadline.

In states where voters can vote, they either already are, or soon will. And because of the Dobbs decision, a vote on reproductive freedom is no longer a hypothetical discussion. There is data to drive the thinking of those clinging to rational thought on the matter.

He proceeds to outline some of that data, and it’s compelling.

In Texas, which banned abortion in 2021, the infant mortality rate rose 8%, and birth defects increased by 23% (in the rest of the U.S. they decreased by 3%)

As Leppert reminds us, Texas state elected officials chose this.

Then there’s Idaho, a state that is manic in its zeal to eradicate women’s freedoms. Its bans have created a crisis of care, driving obstetricians from the state. In February, it was reported that 22 of the state’s 44 counties don’t have access to any practicing obstetrician. More than 50 of them quit practicing there since the state passed its ban in August of 2022. It already ranked in the bottom five of all states for maternal mortality outcomes….

The catastrophic choices have only begun to be impacted by the all-powerful influence of time…

Because he is a resident of Indiana, Leppert concludes by referencing just how out of touch our theocratic GOP officials are with the sentiments of Indiana’s voters.

Indiana’s time has now begun too. Judicial delays now exhausted, the bad data is being gathered in a state already ranked 44th in infant mortality, and 47th in maternal mortality. Recent polling on the issue shows the most unsurprising results I’ve ever seen, as reported by the Indiana Capital Chronicle.

Petition driven ballot initiatives aren’t available here, though 78% of voters here want it. 72% of voters are less likely to support incumbents who voted to block a referendum.

Hoosiers can and should vote accordingly.

The state’s embattled attorney general, Todd Rokita, has been aggressively seeking access to patient medical records of those who have received abortion care. 95% of voters oppose this access. “Peace on earth” wouldn’t get 95%, and even if it did, Rokita would likely fight it.

If the Republican candidates for statewide office are successful in November, we can expect Indiana to emulate Texas and Idaho (with censorship and unremitting attacks on education thrown in)… The GOP’s “Christian warrior” candidates are even more extreme than the legislators who passed Indiana’s ban.

As Leppert reminded his readers: Hoosier voters will choose…

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Jim Banks Is Wrong About Everything

In the run-up to Indiana’s primary election, I had the opportunity to learn a lot about far-right Congressman Jim Banks, and what I learned was pretty horrifying. Some of it was what we unfortunately have come to call “politics as usual”–financial shenanigans like the misuse of campaign funds. As I previously noted, an ethics watchdog has documented Banks’ use of a so-called “Leadership PAC” as a slush fund, allowing him to siphon funds from special interests into fancy meals, club dues and the like. (Yesterday, the Washington Post noted he has a million dollar home in Virginia, so elective office is evidently lucrative.)

More concerning are Banks’ culture war positions. Along with clowns like Jim Jordan and Marjorie Taylor Greene, Banks has doubled down on a pro-Trump, anti-woman, anti-gay, anti-liberty performative politics.

Banks has made no bones about his desire for a national ban on abortion with no exceptions, not even for rape, incest or life of the mother. He has an A+ rating from Pro-Life America, and a 100% lifetime rating from the National Right to Life Committee. His voting record on abortion/reproductive health can be accessed here.

When it comes to guns, Banks is opposed to even the most modest efforts to control the proliferation of firearms. He opposes a renewal of the ban on assault weapons, and also opposes a federal “Red Flag” law. He supports concealed carry and has voted against background checks for private sales. His voting record on gun issues can be accessed here.

Banks calls climate change a “liberal hoax,” and the Biden Administration’s environmental efforts “a war on energy.” The League of Conservation Voters gives him a 1% lifetime rating. His votes on the environment can be accessed here.

When it comes to labor issues, Banks gets a zero rating from the AFL-CIO. When he served in the Indiana legislature, he supported “Right to work” legislation (dubbed by labor as “Right to work for less.”) On vote after vote in Congress, he has voted against labor; a list of those votes can be seen here.

Banks is still fighting against any expansion of healthcare coverage, and rejects medical science. He voted against the most recent expansion of Medicaid and supports legislation that would ban vaccine mandates. He has voted to repeal the ACA, and against legislation that would prevent insurers from discriminating on the basis of pre-existing conditions. A review of all of his healthcare votes is here.

Banks has voted repeatedly against efforts to fund research into the effects of marijuana. (Those anti-research votes track well with his “know nothing” approach to all issues.) Banks’ votes on issues related to pot are here.

Unsurprisingly, Banks is also an extremist on immigration. He supports finishing Trump’s wall, eliminating federal funding for sanctuary cities, and deporting “criminal illegal aliens.” He opposes legislation granting amnesty for any undocumented persons (presumably including children currently protected by DACA) and opposes any expansion of guest-worker programs.

Banks is an out and proud White Christian Nationalist. He created the “anti-Woke” caucus in the House of Representatives and introduced legislation to outlaw any remaining affirmative action in college admissions. He has been dubbed “Focus on the Family’s Man in Washington.” He opposes all DEI (Diversity, Equity and Inclusion) programs. He has been especially vocal in his opposition to gay rights generally, and to trans children especially– in addition to his “Anti-Woke Caucus,” he has supported efforts to ban trans people from the military, prevent trans women from participating in women’s sports, and prevent medical personnel from treating children for gender dysphoria. He recently sponsored a particularly odious bill that would prevent agencies charged with placing children in foster homes from taking measures to see that gay and trans children not be placed with foster parents who have religious objections to homosexuality, saying that refusal to place those children in such homes was discrimination against religion. (Discriminating against gay children is evidently fine…)

Banks consistently attacks educational institutions of all kinds. He has vowed to investigate the National Association of Independent Schools, focusing on the group’s role in political advocacy and its tax-exempt status. He has threatened to “expose” what he calls widespread political indoctrination in America’s public schools, and has claimed that lawmakers have a “moral duty” to investigate the use of academic accreditation associations as “political tools by leftist ideologues.”

When Banks was in the Indiana legislature, he voted to allow instruction in creationism and supported the educational vouchers that send tax dollars to private, overwhelmingly religious schools.

And of course, he’s described Trump’s trial as “rigged,” posting on social media that “New York is a liberal sh*t hole.”

Having a Neanderthal like Banks as a Congressman is bad enough. Electing him Senator would be worse.

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What “Let the States Decide” Ignores

There are a number of legal and practical objections to Republicans’ recent, deeply misleading efforts to convince Americans that leaving abortion restrictions to the states is a “moderate” position. The most obvious is that fundamental constitutional liberties are just that–fundamental. Legislators don’t get to vote on whether to allow freedom of speech or religion within their states (a good thing, if you live in places like Indiana, where the GOP super-majority would undoubtedly limit those civil liberties).

Practical objections are numerous: legislative bodies are conspicuously devoid of medical expertise, and ideological lawmakers have demonstrated that they have no understanding of the real-world complexities of the decisions involved; laws that require women to travel long distances for critical medical care discriminate against low-income patients…Most of you reading this post can supply a number of others.

But it wasn’t until I read a recent opinion essay in the New York Times that I had a small epiphany: leaving the issue to the states–despite the pious rhetoric emphasizing voting– is also profoundly anti-democratic, and not just in states like Indiana where citizens lack access to initiatives and/or referenda. Successful gerrymandering–partisan redistricting–ensures that “the people” lack the means to make such decisions.

As Jamelle Bouie writes:

Nearly everywhere Republicans hold power, they fight to rewire the institutions of government in the hope that they will then generate the desired result: more and greater Republican power.

And so we have the North Carolina Legislature gerrymandered to produce Republican majorities, the Ohio Legislature gerrymandered to produce Republican supermajorities, the Florida Legislature gerrymandered to produce Republican supermajorities, and the Florida Supreme Court overhauled to secure and uphold Republican priorities.

The states’ rights case for determining abortion access — let the people decide — falters on the fact that in many states, the people cannot shape their legislature to their liking. Packed and split into districts designed to preserve Republican control, voters cannot actually dislodge anti-abortion Republican lawmakers. A pro-choice majority may exist, but only as a shadow: present but without substance in government.

Polling on the issue of abortion proves his point. Even in deep Red states, pro-choice voters outnumber forced birth supporters by considerable margins, as we’ve seen in states like Kansas and Kentucky where voters have the means to mount constitutional referendums.

In states that lack those mechanisms, as Bouie notes, Republican legislators or jurists unwilling to concede to majority opinion (or constitutional precedent) can respond with the dead hand of the past.

Both the federal courts and the Arizona Supreme Court have conjured a past that smothers the right to bodily autonomy. Anti-abortion activists are also trying to conjure a past, in the form of the long-dormant Comstock Act, that gives government the power to regulate the sexual lives of its citizens. As Moira Donegan notes in a column for The Guardian, “Comstock has come to stand in, in the right-wing imagination, for a virtuous, hierarchically ordered past that can be restored in a sexually repressive and tyrannically misogynistic future.”

This effort may well fail, but the drive to leash the country to an imagined vision of a reactionary past should be seen as a silent confession of weakness. The same is true, for that matter, of the authoritarian dreams of the former president and his allies and acolytes….

Put a bit differently, a confident political movement does not fight to dominate; it works to persuade. It does not curate a favorable electorate or frantically burrow itself into our counter-majoritarian institutions; it competes for power on an even playing field, assured of its appeal and certain of its ability to win. It does not hide its agenda or shield its plans from public view; it believes in itself and its ideas.

That last paragraph is a succinct description of where we are as a nation right now. In far too many states, very much including my own state of Indiana, the GOP has “curated a favorable electorate.” Republicans have also benefitted mightily from counter-majoritarian institutions that have bestowed extra electoral clout on rural voters and low-density populations.

Regular readers of this blog are well aware of my periodic rants about the pernicious and anti-democratic effects of gerrymandering, but I didn’t understand until I read this essay that the practice is also an essential tool for depriving American citizens of their bodily autonomy and other civil liberties.

Gerrymandering is a critical part of the effort to return America to the past of GOP wet dreams…..

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