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Gonzales v. Carhart – Just How Bad Is It?

Part 1: The Supreme Court Endangers Women’s Health
by Gretchen Borchelt

When Gonzales v. Carhart came out, we decried the decision as a dark day for women’s reproductive rights.  Now that almost a month has passed, we’re still upset about the decision, but calm enough to provide a more in-depth analysis of just how bad it is for women.  We’re going to offer our analysis of the case in installments on this blog, but if you want it all at once, check out our new factsheet.

Gonzales v. Carhart has the unfortunate distinction of being the first time ever that the Supreme Court has upheld an abortion restriction lacking a safeguard for women’s health.  Since 1973, the Supreme Court has said that the government may not put a woman’s health at risk when limiting her access to abortion.  In fact, the Court restated this important principle just seven years ago in a case very similar to this one.

But in Gonzales v. Carhart, the majority of the Court—including President Bush’s two new Justices—said a health exception wasn’t necessary.  In other words, the Court said that Congress can ban a medically-approved abortion procedure in every state in the nation even when it is the safest procedure for a particular woman. 

The logic used by the Court to reach its decision is confounding.  The Court said that there is not absolute consensus in the medical community about whether the procedure is ever medically necessary.  Not absolute consensus?  Let’s quickly review the evidence:

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A true commencement address

Posted by NWLC, Intern | Posted on: May 15, 2007 at 01:36 pm

by Theresa Keeley

May is the month when, among other things, students graduate from college and begin what they hope will be bright futures in the world of work.  We’d like to propose what may be a new idea for commencement speeches – frank honesty.  A candid graduation address might go as follows:

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What Do You Get for the Mother Who Doesn't Have Everything?

Posted by NWLC, Intern | Posted on: May 10, 2007 at 04:46 pm

by Lauren Seemeyer

With Mother’s Day around the corner, it’s hard to turn on the TV, walk into a store, or surf the internet without hearing just how to “let Mom know she is really special this Mother’s Day.”  We are bombarded with images of pink roses, gold necklaces and smiling women, but have you ever stopped to think which mothers these ads are featuring?

For the 5.2 million mothers living in poverty (that’s less than $15,735 a year for a family of three), a bunch of flowers or box of chocolates won’t begin to cut it.  There’s no greeting card that will whisk away the worry of choosing between putting a nutritious meal on the table or keeping the lights on.

So what about the moms who are struggling to make ends meet?  What do they really need this Mother’s Day?

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AIDS Czar is gone but his deadly legacy is not

Posted by Jill C. Morrison, Senior Counsel | Posted on: May 08, 2007 at 07:04 pm

by Jill Morrison

It would be far too easy to joke about the resignation of Randall L. Tobias, the Bush administration’s AIDS Czar, amid allegations that he had hired a D.C. escort service, but “only to have gals come over to the condo to give me a massage.”  Yes -- Tobias is the architect of a policy that requires all federally funded organizations battling the global AIDS epidemic to sign a statement condemning prostitution and sex-trafficking.

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Time to Change the Record

Posted by Jocelyn Samuels, Vice President for Education and Employment | Posted on: May 08, 2007 at 03:22 pm

by Jocelyn Samuels

You may recall that five years ago, right around the last round-number anniversary of Title IX, the Bush Administration launched an all-out attack on Title IX’s athletics policies, convening a commission that was stacked with opponents of Title IX and that was urged to recommend ways to dilute schools’ obligations to provide equal athletics opportunities for their female students.  This Administration effort was defeated by the groundswell of opposition that your voices produced, demanding that Title IX be kept strong.

You may also remember that, having learned its lesson about trying to make unpopular policy changes in public, the Administration next tried an under-the-radar approach instead.  Without public announcement, and late on a Friday afternoon in March 2005, the Department of Education issued a policy “Clarification” that opened a huge loophole in Title IX compliance standards for schools trying to avoid providing additional sports opportunities for women on their campuses.  Once again, your activism has helped to blunt the impact of that Clarification, producing, among other things, an NCAA recommendation to its member schools that they not use the Clarification to measure whether they are providing equal opportunities for men and women.

But now the Administration is at it again.

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Is This What Compassion Looks Like?

Posted by NWLC, Intern | Posted on: May 07, 2007 at 02:21 pm

by Paige Herwig

If there was anyone left in America who still believed that President Bush was a “compassionate conservative”, his letters to Speaker Nancy Pelosi and Senate Majority Leader Harry Reid  – where the President threatened to veto any measures supporting women’s abilities to make their own reproductive health decisions – made it clear that his definition of “compassion” is pretty astonishing.  Specifically, President Bush cautioned that he would “veto any legislation that weakens current Federal policies and laws on abortion.”  Let’s take a moment to review some of those “compassionate” federal laws and policies on abortion, shall we?

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Pitting Girls Against Boys - Again

Posted by Fatima Goss Graves, Vice President for Education and Employment | Posted on: May 03, 2007 at 06:44 pm

By Fatima Goss Graves

Once again extremists are attacking established and proven gender equity programs, arguing that girls no longer face obstacles in education and that boys – and only boys – are in an education crisis.  As usual, these attacks are based on myths that perpetuate dangerous stereotypes.  Worse, they treat education as a zero-sum game in which girls’ gains can only come at boys’ expense.

Myth: Girls are reaching their potential in school while boys are not.

Fact:  Not all boys are achieving their potential in school, and that is a critical problem that must be addressed. But the same is true for girls. Take high school graduation rates for example.  No one would say that a 72 percent high school graduation rate for girls is a measure of success  --even when compared to the even more disappointing 65 percent for boys.  And it is disturbing that, by several different measures, African American, Hispanic and Native American high school graduation rates for both boys and girls hover around 50 percent. These numbers highlight that policymakers must address the needs of all students at risk.

Myth: Scientific studies have proved that gender gaps in educational achievement are due to innate physiological differences between girls and boys.

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Everybody Loves a Head Start

Posted by Helen Blank, Director of Child Care and Early Learning | Posted on: May 03, 2007 at 02:33 pm

by Helen Blank

We always knew (almost) everybody loves Head Start, and thanks to yesterday’s House vote, we can now more precisely quantify that as 88% of voting House members.

Last night, the House approved a bill (H.R. 1429) reauthorizing Head Start, the comprehensive early childhood program for poor children, by an overwhelming 365-48 vote.  The bill does a number of good things: halts the national test for all Head Start four-year-olds that was put into place under the Bush administration and that early education experts believe is inappropriate; increases funding targeted at improving quality; expands Early Head Start, which serves infant and toddlers—in recognition of research on the importance of children’s first years of life; and requires half of all Head Start teachers nationwide to have bachelor’s degrees by 2013.  Unfortunately, achieving many of the worthy goals laid out in the bill will likely require a great deal more money than authorized by the bill.

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