We've compiled some of the most thought-provoking commentaries from around the Web. Catch up on the conversation with bloggers from the Huffington Post, New York Times and more.

Blogs Comment on Justice Ginsburg's Remarks on Roe v. Wade, Gosnell Case, EC Rulings, More

May 14, 2013 — We've compiled some of the most thought-provoking commentaries from around the Web. Catch up on the conversation with bloggers from the Huffington Post, New York Times and more.

JUSTICE GINSBURG'S REMARKS: "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage," Geoffrey Stone, Huffington Post blogs: Supreme Court Justice Ruth Ginsburg, who "has always been a strong proponent of a woman's right to choose," was "quite critical" of the Roe v. Wade decision during a speech Saturday at the University of Chicago Law School, writes Stone, a law professor at the University of Chicago. Stone "disagree[s] strongly with Justice Ginsburg's ... claim that the Court in Roe went 'too far, too fast,'" adding, "For the Supreme Court to have failed to protect what the justices themselves firmly believed to be the constitutional right of a woman to terminate an unwanted pregnancy because of a fear that recognizing that right would anger other citizens would have been a complete betrayal of their most fundamental responsibility as interpreters of the Constitution." He continues, "Moreover, had the Court ... taken a gradualist approach and allowed the democratic process to work its way pure over the next ten or twenty years, many millions of women would have needlessly faced the cruel dilemma of either risking dangerous back-alley abortions or carrying to term millions of unwanted children" (Stone, Huffington Post blogs, 5/12).

What others are saying about Justice Ginsburg's remarks:

~ "Ginsburg's Roe v. Wade Blindspot," Lincoln Caplan, New York Times' "Taking Note."

ANTIABORTION MOVEMENT: "Will Live Action Threaten the Provider-Patient Relationship in Abortion Care?" Carole Joffe, RH Reality Check: A positive clinician-patient relationship "is especially relevant in abortion care because of the extreme politicization and stigma that surrounds the procedure," writes Joffe, a professor at the Bixby Center for Global Reproductive Health at the University of California-San Francisco. She worries that "[t]he latest Live Action 'gotcha' moment" -- a video of abortion provider LeRoy Carhart being "repeatedly grilled by a would-be patient, who portrays herself as 26 weeks pregnant" -- and similar "well-publicized" videos could create "a chilling effect on the free and open conversation between clinic staff and patients that is such an important part of abortion care." Joffe adds, "Should this occur, I have no doubt the anti-abortion movement will declaim self-righteously about the 'coldness' and 'impersonality' of abortion facilities" (Joffe, RH Reality Check, 5/13).

What others are saying about the antiabortion movement:

~ "How To Make a Hidden-Camera Movie of an Abortion Clinic," Nora Caplan-Bricker, New Republic.

~ "How Young Evangelicals Are Changing the Anti-abortion Movement," Tom Krattenmaker, Washington Post's "On Faith."

NEED FOR ABORTION: "El Salvadorian Woman Is Dying Because She's Been Denied the Abortion That Would Save Her Life," Tara Culp-Ressler, Center for American Progress' "ThinkProgress": "Beatriz, a 22-year old El Salvadorian woman" is pregnant with a fetus who will not survive because of severe anomalies and is in danger of dying because she suffers from lupus, a condition which worsens during pregnancy, but "abortion is illegal under all circumstances" in the country, Culp-Ressler writes. She adds that the procedure is "punishable by up to 30 years in prison," meaning "even though medical professionals agree that an abortion is necessary to save Beatriz's life, they can't actually administer the procedure because they're too afraid of the legal consequences in the Catholic-dominated country." Culp-Ressler notes, "International human rights groups and women's health advocates have joined forces to fight for Beatriz" and the "United Nations representative in El Salvador is urging officials to grant her a legal termination." However, "El Salvador's attorney general ... has so far refused to do so" and "the ultimate decision may come too late for Beatriz," Culp-Ressler writes (Culp-Ressler, "ThinkProgress," Center for American Progress, 5/13).

EMERGENCY CONTRACEPTION DECISION: "The Obama Administration's Plan B Folly," Amanda Marcotte, RH Reality Check: "At this point, [the Obama administration] just look[s] foolish by continuing to defend a policy requiring people to show ID to prove they're over 15 so they can buy a drug that's safer than Tylenol to prevent pregnancy from occurring from sex they already had," writes Marcotte. She outlines "all the ways that continuing to defend restrictions on Plan B is failing," noting that the administration is starting to test "the reserves of good will from pro-choicers," while not placating abortion opponents and, at the same time, failing to help women who are trying to prevent pregnancies. Marcotte concludes, "Continuing to dance around this issue isn't doing anyone any favors, so please, Obama administration, ... just give it up" (Marcotte, RH Reality Check, 5/12).

What others are saying about the emergency contraception decision:

~ "Judge Refuses To Back Down on 'Plan B,'" Lyle Denniston, SCOTUSblog.

~ "Judge Slams FDA's 'Sweetheart Arrangement' With Big Pharma That Limits Access to Morning After Pill," Aviva Shen, Center for American Progress' "ThinkProgress."

~ "In This Fight Over Birth Control, It is Whitehouse v. Whitehouse," Lon Newman, Below the Waist.

NEED FOR CONTRACEPTION: "Family Planning is Key to Healthy Pregnancies and Births," Susan Cohen, RH Reality Check: "The United States has the highest first-day death rate in the industrialized world," writes the Guttmacher Institute's Cohen, citing a report from Save the Children that found 11,300 U.S. infants annually die the day they are born. "The alarming report has clear implications for U.S. policy, particularly the importance of investing in and expanding the reach of programs like Medicaid and Title X that make affordable pregnancy-related care and family planning services available to millions of women who are otherwise unable to obtain such care," Cohen writes. She outlines how access to maternity care and family planning can help stem many contributing factors to first-day deaths, including "preterm, unplanned and teen births." The report demonstrates how "crucial" it is "to protect and invest in the programs that are needed to ensure that all women ... can access the affordable care they need to have healthier pregnancies and births," she writes, adding, "Ideological and fiscal attacks against these programs are not only counterproductive, but threaten to worsen what is already a severe crisis for U.S. women and newborns" (Cohen, RH Reality Check, 5/10).

GLOBAL REPRODUCTIVE HEALTH: "The Time is Now for Women and Girls," Alexander Sanger, Huffington Post blogs: "After months of work, civil society, private sector and government heavyweights will gather in New York this week to chart their vision for the future of global development" and develop recommendations to submit to United Nations Secretary General Ban Ki-moon, writes International Planned Parenthood Council's Sanger. He urges the panel -- including British Prime Minister David Cameron and Liberian President Ellen Johnson Sirleaf -- to put the "health and rights of women and girls" at the "top of their list" by including provisions that promote universal access to reproductive health services and education and eliminate violence against women, among other things. He writes, "We have an unparalleled opportunity to secure a sustainable world of justice, choice and well-being for all people, and without a doubt, we need healthy, empowered women and girls to ensure that our planet can continue to care for us all" (Sanger, Huffington Post blogs, 5/10).

What others are saying about global reproductive health:

~ "Saving the Lives of Women Worldwide," Susan Blumenthal, Huffington Post blogs.

VIOLENCE AGAINST WOMEN: "Once Again, Media Asks Wrong Questions and Blames Victims," Christine White, Ms. Magazine blog: White discusses the case of three Ohio women -- Gina DeJesus, Amanda Berry and Michelle Knight -- who were kidnapped, tortured and raped while being held captive for a decade. She writes that after hearing news anchors question why the women did not try to escape sooner, she feels the need to "protect these women from these words and the subtext implied that these women are in any way responsible for any of their pain for failing to limit its duration." White adds, "Any survivor of abuse, violence or crime knows the answer -- fear! -- and is offended by the questioning." She continues, "Our cultural tendency to point questions, shame and blame squarely at the victims and away from criminals is a dangerous habit that we must break if domestic violence is to end" (White, Ms. Magazine blog, 5/13).

What others are saying about violence against women:

~ "No, You Cannot Substitute 'Sex' for 'Rape,'" Culp-Ressler, Center for American Progress' "ThinkProgress."

ABORTION ACCESS: "Abortion Funds [Need] Help From Supporters Now More Than Ever," Atima Omara-Alwala, Huffington Post blogs/Women's eNews: On the 20th anniversary of the founding of the National Network of Abortion Funds, Omara-Alwala discusses the need for the funds, which provide grants to women and girls who cannot afford the cost of the procedure. She notes that first-trimester abortions in the U.S. cost an average of $470 in 2009 and second-trimester abortions cost an estimated $1,629, according to the Guttmacher Institute. Abortion funds have "become even more critical to the lives of women as anti-choice legislation is increasingly restricting women's access" to the procedure, she adds. "Without the abortion funds, many more women will not be able to determine for themselves their reproductive destiny, because of the size of their wallet," she concludes (Omara-Alwala, Huffington Post blogs/Women's eNews, 5/13).

VERDICT IN KERMIT GOSNELL CASE: "Why Women Went to Kermit Gosnell," Michelle Goldberg, Daily Beast's "Women in the World": It "should be crushingly obvious" that the actions of Kermit Gosnell -- who was convicted this week of first-degree murder, involuntary manslaughter and hundreds of other charges -- were illegal, but that fact has "been ignored by the right-wing pundits who have tried to turn this deeply disturbing case into an argument against legal abortion," Goldberg writes. "[L]ate abortion -- including illegal late abortion -- is part of what happens when earlier abortion is inaccessible" to women, Goldberg continues, adding, "For decades now, reproductive rights advocates have warned of the return of the unsafe, clandestine procedures prevalent before Roe v. Wade. Well, after a multi-decade assault on reproductive rights, they're here" (Goldberg, "Women in the World," Daily Beast, 5/13).

What others are saying about the verdict in the Kermit Gosnell case:

~ "Applauding Kermit Gosnell's Guilty Verdict," Emily Bazelon, Slate's "XX Factor."

~ "Star Parker, CURE Exploit Gosnell Case To Promote Debunked 'Black Genocide' Narrative," Imani Gandy, RH Reality Check.

~ "Gosnell Found Guilty (Mostly)," Sarah Cohen, Feminists for Choice.

~ "The Gosnell Case: Here's What You Need to Know," Sarah Kliff, Washington Post's "Wonkblog."

FEMINISM: "Feminism's Not Dying -- But It May Be Changing a Little," Ann Garth, Care2: Citing recent articles asserting that young people are not engaged in the feminist movement, Garth writes, "[T]hose worried about feminism's future don't need to be. Women may not call themselves feminists, but that doesn't mean that they don't subscribe to feminist beliefs." She adds, "However, while feminism might not exactly be dying, that doesn't mean it's not having some growing pains." She predicts that "the biggest change ... in the (very near) future for feminism is a focus on intersectionality," which takes a comprehensive approach to fighting discrimination in all forms -- including against lesbian, gay, bisexual and transgender individuals; people with disabilities; and people of color, all of whom "the feminist movement has for far too long both ignored and actively discriminated against" (Garth, Care2, 5/13).

Melinda Gates, co-chair of the Bill & Melinda Gates Foundation, is moving forward with her pledge to bring voluntary family planning services to 120 million more women in developing nations by 2020, according to an interview she gave to the Wall Street Journal.

Melinda Gates Discusses Progress on Initiative To Increase Contraception Access in Developing Nations

May 14, 2013 — Melinda Gates, co-chair of the Bill & Melinda Gates Foundation, is moving forward with her pledge to bring voluntary family planning services to 120 million more women in developing nations by 2020, according to an interview she gave to the Wall Street Journal.

Gates -- who is Catholic -- made the pledge one year ago after her experience traveling demonstrated that many women in the developing world had difficulty accessing contraception. The pledge garnered criticism from many Catholic groups, who argue that global health funds should be dedicated to other health care services.

The initiative attracted $2.6 billion in donations at a summit hosted last year by the Gates Foundation and the U.K. Department for International Development. In addition, the Gates Foundation and several public- and private-sector partners have brokered a deal to offer two long-acting, reversible contraceptives -- Bayer HealthCare AG's Jadelle and Merck's Implanon -- for $8.50 per unit in developing countries, half their usual market price.

Gates said in the interview that it was a difficult choice to endorse contraceptive access, but she said that "[t]he decision about whether a woman chooses to use contraceptives has to be made by the woman." She stated that her goal is to maintain continuous funding for the initiative "so people know that it's really, really important for women and we keep it on the global health agenda" (McKay, Wall Street Journal, 5/10).

Birth rates among U.S. women who had less than a high school education fell by 13% between 2008 and 2011 -- nearly twice the drop among women who had completed at least a bachelor's degree, according to a new study by the Pew Research Center, the Los Angeles Times reports.

Pew Study Charts Birth Rate Shift Toward More Educated, Older Mothers

May 14, 2013 — Birth rates among U.S. women who had less than a high school education fell by 13% between 2008 and 2011 -- nearly twice the drop among women who had completed at least a bachelor's degree, according to a new study by the Pew Research Center, the Los Angeles Times reports.

The study, which relied on U.S. census data to track birthrate trends, noted an overall shift in birth rates toward more educated, older women. Pew researchers found that the percentage of new mothers with at least some college education was at an all-time high in 2011; between 1960 and 2011, the percentage of college-educated mothers increased from 18% to 66%.

The study also found that nearly half of new mothers without high school diplomas were younger than age 25, while only 3% of new mothers with bachelor's degrees were in the same age group. Only 9% of new mothers with bachelor's degrees were unmarried, while 61% of mothers without high school diplomas were unmarried (Alpert, Los Angeles Times, 5/11).

In an interview with the New York Times Magazine, Planned Parenthood Federation of America President Cecile Richards discussed lessons learned from the presidential and gubernatorial campaigns in the previous few years.

Planned Parenthood President Discusses Organization's Commitment to Women's Health

May 14, 2013 — In an interview with the New York Times Magazine, Planned Parenthood Federation of America President Cecile Richards discussed lessons learned from the presidential and gubernatorial campaigns in the previous few years.

Richards said she did not believe Planned Parenthood's decision to endorse President Obama in 2008 resulted in Congress' efforts to defund the organization in 2011, noting that Planned Parenthood was "just part of a much bigger effort to repeal decades of progress on women's health and rights." She added, "In 2010, the Tea Party came after everything -- Roe, birth control, they tried to overturn the family planning law that Nixon signed into law and Planned Parenthood too."

When pressed about whether the organization should "alienate half of Congress" by backing a political candidate, Richards said that Planned Parenthood is not about parties, "[w]e're about women's health and supporting folks who support women's access to health care and rights."

Richards added that there "are plenty of Republicans in office who" share Planned Parenthood's belief in "the right of women to make their own decisions about pregnancy, including the 40-year Roe decision" and "that women should be able to get access to health care, including birth control."

In regard to former Rep. Todd Akin's (R-Mo.) "legitimate rape" comment, Richards said, "Todd Akin is not an outlier." She added, "This type of discussion is pretty common in the House ... He made the mistake of actually laying it out there on a TV talk show."

Richards also commented on Susan G. Komen for the Cure's controversial decision to stop providing grants to Planned Parenthood for breast cancer education and screening programs, saying that Planned Parenthood is "proud" to provide more than 700,000 breast exams annually with Susan G. Komen for the Cure. She noted, "We did more breast education and breast health last year than we've ever done in our history" (Goldman, New York Times Magazine, 5/10).

An editorial and several opinion pieces responded to the conviction of Philadelphia physician Kermit Gosnell on first-degree murder charges for the deaths of three infants born alive after illegal abortion procedures.

Editorial, Opinion Pieces Comment on Gosnell Conviction

May 14, 2013 — An editorial and several opinion pieces responded to the conviction of Philadelphia physician Kermit Gosnell on first-degree murder charges for the deaths of three infants born alive after illegal abortion procedures. Gosnell also was convicted on one count of involuntary manslaughter in the death of a woman who sought an abortion at his clinic.

~ Chicago Tribune: "Those who favor curbing or eliminating abortion think [the Gosnell] trial will force Americans to reassess the entire issue," a Tribune editorial states, adding, "But those on the other side say it illustrates the perils of restricting or outlawing the procedure, which they believe will force desperate women into illegal abortions." The editorial argues that stricter state oversight of abortion clinics, comprehensive sex education and increased access to contraception are "reasonable responses" to the case and could "help to prevent the next Kermit Gosnell" (Chicago Tribune, 5/14).

~ Ilyse Hogue, CNN: Gosnell's "willful neglect of the law and of the women who went to him for help is egregious and is exactly the kind of crime that the pro-choice movement has sought to end by bringing abortion care above ground since Roe v. Wade," writes Hogue, president of NARAL Pro-Choice America. Antiabortion-rights activists "are exploiting the Gosnell case to boost their 40-year-old agenda to ban abortion altogether," she adds. "If we allow political extremists to exploit this case to impose more TRAP [Targeted Regulations of Abortion Providers] laws and abortion bans, the remaining safe and legal abortion providers could be forced to shut their doors," Hogue writes (Hogue, CNN, 5/13).

~ Mollie Ziegler Hemingway, USA Today: Now that the Gosnell trial has concluded, "we can find out what [President] Obama thinks about the case and the country's abortion culture," according to Ziegler Hemingway, a contributor to GetReligion.org. She urges reporters to "ask if President Obama still opposes laws that protect infants that survive abortions." She concludes that the Gosnell case will "generate serious discussion about abortion policy in the United States and elsewhere" (Ziegler Hemingway, USA Today, 5/13).

~ Amanda Marcotte, USA Today: Marcotte, who writes for Slate's "XX Factor" and the American Prospect, argues, "[I]f we want to prevent future Gosnells, the solution is simple: Abortion should be regulated, of course, but in the same way that all other medical practice is regulated, with an eye towards making it safe, not making it hard to get." She also calls for the repeal of federal and state legislation barring Medicaid and other insurers from covering abortion care. "These simple measures will help make sure women who don't want to continue their pregnancies can get into clinics early and be treated with dignity and care," she writes, concluding, "It will keep sadists and psychopaths like Gosnell from lurking in the underground, waiting to pounce on women who turn to them because they believe they have nowhere else to go" (Marcotte, USA Today, 5/13).

~ Vicki Saporta, USA Today: "[T]he important thing to remember" about the Gosnell case is that his practices "are not representative of the quality abortion care available from the vast majority of abortion providers in the United States," writes Saporta, president and CEO of the National Abortion Federation. While abortion "is one of the safest medical procedures provided in this country," the stigma surrounding the procedure "helps create opportunities for substandard providers like Gosnell to prey on vulnerable women," she continues. "We must not use the Gosnell case to further stigmatize or make generalizations about abortion providers and the quality of care available in the United States," Saporta concludes (Saporta, USA Today, 5/13).

Convictions in the murder trial of illegal abortion provider Kermit Gosnell drew praise from both sides of the abortion-rights debate, but opposing groups took different lessons from the case for the fight over abortion clinic regulations, the Philadelphia Inquirer reports.

Gosnell Verdict Hailed by Both Sides of Abortion Debate, Heightens Regulation Fight

May 14, 2013 — Convictions in the murder trial of illegal abortion provider Kermit Gosnell drew praise from both sides of the abortion-rights debate, but opposing groups took different lessons from the case for the fight over abortion clinic regulations, the Philadelphia Inquirer reports.

Monday's Verdicts

A Philadelphia jury on Monday found Gosnell guilty on three out of four counts of first-degree murder for the deaths of infants born alive after illegal abortion procedures. He also was found guilty of involuntary manslaughter in the death of a patient and was convicted of hundreds of additional charges, including 21 out of 24 counts of performing abortions past the state's gestational limit and 211 out of 277 counts of violating the state's 24-hour waiting period before abortions.

The sentencing phase of the trial will begin on May 21, when Gosnell's defense team will argue for life in prison and the prosecution will seek the death penalty (Dean, Philadelphia Inquirer, 5/14).

Case Highlights Fights Over Regulation, Enforcement and Late Abortions

While groups supporting and opposing abortion rights both commended the guilty verdicts, they "quickly returned to their messaging wars" in the battle over legislative efforts to more strictly regulate abortion clinics, Politico reports.

Abortion-rights opponents contend that Gosnell's clinic was not an outlier and that stricter regulation of all clinics is needed to prevent similar cases (Smith, Politico, 5/13).

Abortion-rights supporters counter that state lawmakers are using medically unnecessary requirements -- such as wider hallways and larger closets -- to drive legitimate clinics out of business, with the goal of ending abortion access.

"What's going on with these laws is really about the agenda of having abortion eventually made illegal again," said Center for Reproductive Rights President Nancy Northup. She added, "And if that were to happen, unfortunately you'd have a lot more Gosnells out there" (Hurdle/Gabriel, New York Times, 5/13).

The case also has raised questions about enforcement of existing laws. Abortion-rights opponents claim the case is indicative of widespread safety problems among abortion providers. "Exploitation of women and complete disregard for their health and well-being are problems endemic to the entire abortion industry," said Marjorie Dannenfelser, president of the Susan B. Anthony List.

However, Eric Ferrero -- vice president for communications for Planned Parenthood Federation of America -- noted, "There were regulations on the books" in Pennsylvania, adding, "Pennsylvania officials should have enforced those regulations better. But when you're talking about someone who's a criminal, you're talking about someone who's going to break laws" (Politico, 5/13).

The trial also has given new fuel to the fight over abortions later in pregnancy -- a battle that escalated in recent years as more states have banned abortions after 20 weeks of pregnancy. Abortion-rights supporters point out that abortion bans before fetal viability -- generally 24 weeks -- violate the tenets of Roe v. Wade. Fewer than 1.3% of abortions occur past 20 weeks, according to CDC.

Dannenfelser and other abortion-rights opponents predicted that the Gosnell case will increase support for 20-week bans, which are based on the disputed theory that fetuses can feel pain at that point in development (New York Times, 5/13).

Gosnell Trial Not Affecting Public Opinion on Abortion, Gallup Poll Finds

In realted news, public opinion on abortion has not changed much during the Gosnell trial, according to a Gallup poll released Friday, U.S. News & World Report reports.

The survey included 1,535 adults and was conducted between May 2 and May 7.

The poll found that only 25% of respondents have "very closely" or "somewhat closely" followed the Gosnell case in the news, while 54% said they paid no attention to the trial.

The poll also found a shrinking divide on abortion stances, with 48% of respondents identifying as "pro-life" and 45% as "pro-choice" -- compared with a 2012 poll that found an all-time low of 41% who said they were "pro-choice."

Those labels also varied among respondents, with 26% saying abortion should be legal, 20% saying abortion should be banned outright and 52% saying abortion should be legal in certain instances. Individuals ages 18 to 34 were most likely to want abortion to be banned in all cases (Nelson, U.S. News & World Report, 5/10).

A federal appeals court on Monday placed a temporary hold on an order from a lower court judge who said emergency contraception must be made available without age or point-of-sale restrictions, the Wall Street Journal reports.

Appeals Court Places Hold on Judge's Order To Lift Emergency Contraception Restrictions

May 14, 2013 — A federal appeals court on Monday placed a temporary hold on an order from a lower court judge who said emergency contraception must be made available without age or point-of-sale restrictions, the Wall Street Journal reports (Corbett Dooren, Wall Street Journal, 5/13).

Earlier Monday, the Department of Justice asked the 2nd U.S. Circuit Court of Appeals to stay the order by U.S. District Judge Edward Korman while an appeal is argued, which could take weeks. A panel of judges will consider the request on May 28; until then, limits on the sale of EC will remain in place, the appeals court said.

DOJ's request was expected after Korman last week refused to stay his April 5 ruling that ordered FDA to lift restrictions on EC sales (CQ HealthBeat, 5/13). DOJ attorneys had argued that "substantial market confusion" could result if Korman's ruling were enforced during the appeals process (Long, AP/USA Today, 5/13).

Details of Monday's Filing

Government lawyers argued that Korman's order "exceed[ed] the court's authority in compelling FDA to act outside the required statutory procedures by changing a drug's status from prescription to nonprescription without undertaking rulemaking steps."

Instead, Korman should have remanded the decision to FDA and ordered the agency to reconsider its decision, DOJ argued. Korman had said that doing so would be "futile" because HHS Secretary Kathleen Sebelius previously overruled FDA's recommendation that EC be available without age restrictions.

Additionally, DOJ argued that a stay should be granted because FDA recently lowered the age limit on one EC product -- Plan B One-Step -- from 17 to 15. Because all of the plaintiffs in the case are older than 15, a temporary hold would not cause them any harm, DOJ lawyers argued (Smith, Politico, 5/14).

The Center for Reproductive Rights, which filed the lawsuit that resulted in Korman's decision, has 10 days to respond to the federal government's latest filing (AP/USA Today, 5/13).

In an interview with the New York Times Magazine, Planned Parenthood Federation of America President Cecile Richards discussed lessons learned from the presidential and gubernatorial campaigns in the previous few years.

Planned Parenthood President Discusses Organization's Commitment to Women's Health

May 14, 2013 — In an interview with the New York Times Magazine, Planned Parenthood Federation of America President Cecile Richards discussed lessons learned from the presidential and gubernatorial campaigns in the previous few years.

Richards said she did not believe Planned Parenthood's decision to endorse President Obama in 2008 resulted in Congress' efforts to defund the organization in 2011, noting that Planned Parenthood was "just part of a much bigger effort to repeal decades of progress on women's health and rights." She added, "In 2010, the Tea Party came after everything -- Roe, birth control, they tried to overturn the family planning law that Nixon signed into law and Planned Parenthood too."

When pressed about whether the organization should "alienate half of Congress" by backing a political candidate, Richards said that Planned Parenthood is not about parties, "[w]e're about women's health and supporting folks who support women's access to health care and rights."

Richards added that there "are plenty of Republicans in office who" share Planned Parenthood's belief in "the right of women to make their own decisions about pregnancy, including the 40-year Roe decision" and "that women should be able to get access to health care, including birth control."

In regard to former Rep. Todd Akin's (R-Mo.) "legitimate rape" comment, Richards said, "Todd Akin is not an outlier." She added, "This type of discussion is pretty common in the House ... He made the mistake of actually laying it out there on a TV talk show."

Richards also commented on Susan G. Komen for the Cure's controversial decision to stop providing grants to Planned Parenthood for breast cancer education and screening programs, saying that Planned Parenthood is "proud" to provide more than 700,000 breast exams annually with Susan G. Komen for the Cure. She noted, "We did more breast education and breast health last year than we've ever done in our history" (Goldman, New York Times Magazine, 5/10).

Convictions in the murder trial of illegal abortion provider Kermit Gosnell drew praise from both sides of the abortion-rights debate, but opposing groups took different lessons from the case for the fight over abortion clinic regulations, the Philadelphia Inquirer reports.

Gosnell Verdict Hailed by Both Sides of Abortion Debate, Heightens Regulation Fight

May 14, 2013 — Convictions in the murder trial of illegal abortion provider Kermit Gosnell drew praise from both sides of the abortion-rights debate, but opposing groups took different lessons from the case for the fight over abortion clinic regulations, the Philadelphia Inquirer reports.

Monday's Verdicts

A Philadelphia jury on Monday found Gosnell guilty on three out of four counts of first-degree murder for the deaths of infants born alive after illegal abortion procedures. He also was found guilty of involuntary manslaughter in the death of a patient and was convicted of hundreds of additional charges, including 21 out of 24 counts of performing abortions past the state's gestational limit and 211 out of 277 counts of violating the state's 24-hour waiting period before abortions.

The sentencing phase of the trial will begin on May 21, when Gosnell's defense team will argue for life in prison and the prosecution will seek the death penalty (Dean, Philadelphia Inquirer, 5/14).

Case Highlights Fights Over Regulation, Enforcement and Late Abortions

While groups supporting and opposing abortion rights both commended the guilty verdicts, they "quickly returned to their messaging wars" in the battle over legislative efforts to more strictly regulate abortion clinics, Politico reports.

Abortion-rights opponents contend that Gosnell's clinic was not an outlier and that stricter regulation of all clinics is needed to prevent similar cases (Smith, Politico, 5/13).

Abortion-rights supporters counter that state lawmakers are using medically unnecessary requirements -- such as wider hallways and larger closets -- to drive legitimate clinics out of business, with the goal of ending abortion access.

"What's going on with these laws is really about the agenda of having abortion eventually made illegal again," said Center for Reproductive Rights President Nancy Northup. She added, "And if that were to happen, unfortunately you'd have a lot more Gosnells out there" (Hurdle/Gabriel, New York Times, 5/13).

The case also has raised questions about enforcement of existing laws. Abortion-rights opponents claim the case is indicative of widespread safety problems among abortion providers. "Exploitation of women and complete disregard for their health and well-being are problems endemic to the entire abortion industry," said Marjorie Dannenfelser, president of the Susan B. Anthony List.

However, Eric Ferrero -- vice president for communications for Planned Parenthood Federation of America -- noted, "There were regulations on the books" in Pennsylvania, adding, "Pennsylvania officials should have enforced those regulations better. But when you're talking about someone who's a criminal, you're talking about someone who's going to break laws" (Politico, 5/13).

The trial also has given new fuel to the fight over abortions later in pregnancy -- a battle that escalated in recent years as more states have banned abortions after 20 weeks of pregnancy. Abortion-rights supporters point out that abortion bans before fetal viability -- generally 24 weeks -- violate the tenets of Roe v. Wade. Fewer than 1.3% of abortions occur past 20 weeks, according to CDC.

Dannenfelser and other abortion-rights opponents predicted that the Gosnell case will increase support for 20-week bans, which are based on the disputed theory that fetuses can feel pain at that point in development (New York Times, 5/13).

Gosnell Trial Not Affecting Public Opinion on Abortion, Gallup Poll Finds

In realted news, public opinion on abortion has not changed much during the Gosnell trial, according to a Gallup poll released Friday, U.S. News & World Report reports.

The survey included 1,535 adults and was conducted between May 2 and May 7.

The poll found that only 25% of respondents have "very closely" or "somewhat closely" followed the Gosnell case in the news, while 54% said they paid no attention to the trial.

The poll also found a shrinking divide on abortion stances, with 48% of respondents identifying as "pro-life" and 45% as "pro-choice" -- compared with a 2012 poll that found an all-time low of 41% who said they were "pro-choice."

Those labels also varied among respondents, with 26% saying abortion should be legal, 20% saying abortion should be banned outright and 52% saying abortion should be legal in certain instances. Individuals ages 18 to 34 were most likely to want abortion to be banned in all cases (Nelson, U.S. News & World Report, 5/10).

We've compiled some of the most thought-provoking commentaries from around the Web. Catch up on the conversation with bloggers from the Huffington Post, New York Times and more.

Blogs Comment on Justice Ginsburg's Remarks on Roe v. Wade, Gosnell Case, EC Rulings, More

May 14, 2013 — We've compiled some of the most thought-provoking commentaries from around the Web. Catch up on the conversation with bloggers from the Huffington Post, New York Times and more.

JUSTICE GINSBURG'S REMARKS: "Justice Ginsburg, Roe v. Wade and Same-Sex Marriage," Geoffrey Stone, Huffington Post blogs: Supreme Court Justice Ruth Ginsburg, who "has always been a strong proponent of a woman's right to choose," was "quite critical" of the Roe v. Wade decision during a speech Saturday at the University of Chicago Law School, writes Stone, a law professor at the University of Chicago. Stone "disagree[s] strongly with Justice Ginsburg's ... claim that the Court in Roe went 'too far, too fast,'" adding, "For the Supreme Court to have failed to protect what the justices themselves firmly believed to be the constitutional right of a woman to terminate an unwanted pregnancy because of a fear that recognizing that right would anger other citizens would have been a complete betrayal of their most fundamental responsibility as interpreters of the Constitution." He continues, "Moreover, had the Court ... taken a gradualist approach and allowed the democratic process to work its way pure over the next ten or twenty years, many millions of women would have needlessly faced the cruel dilemma of either risking dangerous back-alley abortions or carrying to term millions of unwanted children" (Stone, Huffington Post blogs, 5/12).

What others are saying about Justice Ginsburg's remarks:

~ "Ginsburg's Roe v. Wade Blindspot," Lincoln Caplan, New York Times' "Taking Note."

ANTIABORTION MOVEMENT: "Will Live Action Threaten the Provider-Patient Relationship in Abortion Care?" Carole Joffe, RH Reality Check: A positive clinician-patient relationship "is especially relevant in abortion care because of the extreme politicization and stigma that surrounds the procedure," writes Joffe, a professor at the Bixby Center for Global Reproductive Health at the University of California-San Francisco. She worries that "[t]he latest Live Action 'gotcha' moment" -- a video of abortion provider LeRoy Carhart being "repeatedly grilled by a would-be patient, who portrays herself as 26 weeks pregnant" -- and similar "well-publicized" videos could create "a chilling effect on the free and open conversation between clinic staff and patients that is such an important part of abortion care." Joffe adds, "Should this occur, I have no doubt the anti-abortion movement will declaim self-righteously about the 'coldness' and 'impersonality' of abortion facilities" (Joffe, RH Reality Check, 5/13).

What others are saying about the antiabortion movement:

~ "How To Make a Hidden-Camera Movie of an Abortion Clinic," Nora Caplan-Bricker, New Republic.

~ "How Young Evangelicals Are Changing the Anti-abortion Movement," Tom Krattenmaker, Washington Post's "On Faith."

NEED FOR ABORTION: "El Salvadorian Woman Is Dying Because She's Been Denied the Abortion That Would Save Her Life," Tara Culp-Ressler, Center for American Progress' "ThinkProgress": "Beatriz, a 22-year old El Salvadorian woman" is pregnant with a fetus who will not survive because of severe anomalies and is in danger of dying because she suffers from lupus, a condition which worsens during pregnancy, but "abortion is illegal under all circumstances" in the country, Culp-Ressler writes. She adds that the procedure is "punishable by up to 30 years in prison," meaning "even though medical professionals agree that an abortion is necessary to save Beatriz's life, they can't actually administer the procedure because they're too afraid of the legal consequences in the Catholic-dominated country." Culp-Ressler notes, "International human rights groups and women's health advocates have joined forces to fight for Beatriz" and the "United Nations representative in El Salvador is urging officials to grant her a legal termination." However, "El Salvador's attorney general ... has so far refused to do so" and "the ultimate decision may come too late for Beatriz," Culp-Ressler writes (Culp-Ressler, "ThinkProgress," Center for American Progress, 5/13).

EMERGENCY CONTRACEPTION DECISION: "The Obama Administration's Plan B Folly," Amanda Marcotte, RH Reality Check: "At this point, [the Obama administration] just look[s] foolish by continuing to defend a policy requiring people to show ID to prove they're over 15 so they can buy a drug that's safer than Tylenol to prevent pregnancy from occurring from sex they already had," writes Marcotte. She outlines "all the ways that continuing to defend restrictions on Plan B is failing," noting that the administration is starting to test "the reserves of good will from pro-choicers," while not placating abortion opponents and, at the same time, failing to help women who are trying to prevent pregnancies. Marcotte concludes, "Continuing to dance around this issue isn't doing anyone any favors, so please, Obama administration, ... just give it up" (Marcotte, RH Reality Check, 5/12).

What others are saying about the emergency contraception decision:

~ "Judge Refuses To Back Down on 'Plan B,'" Lyle Denniston, SCOTUSblog.

~ "Judge Slams FDA's 'Sweetheart Arrangement' With Big Pharma That Limits Access to Morning After Pill," Aviva Shen, Center for American Progress' "ThinkProgress."

~ "In This Fight Over Birth Control, It is Whitehouse v. Whitehouse," Lon Newman, Below the Waist.

NEED FOR CONTRACEPTION: "Family Planning is Key to Healthy Pregnancies and Births," Susan Cohen, RH Reality Check: "The United States has the highest first-day death rate in the industrialized world," writes the Guttmacher Institute's Cohen, citing a report from Save the Children that found 11,300 U.S. infants annually die the day they are born. "The alarming report has clear implications for U.S. policy, particularly the importance of investing in and expanding the reach of programs like Medicaid and Title X that make affordable pregnancy-related care and family planning services available to millions of women who are otherwise unable to obtain such care," Cohen writes. She outlines how access to maternity care and family planning can help stem many contributing factors to first-day deaths, including "preterm, unplanned and teen births." The report demonstrates how "crucial" it is "to protect and invest in the programs that are needed to ensure that all women ... can access the affordable care they need to have healthier pregnancies and births," she writes, adding, "Ideological and fiscal attacks against these programs are not only counterproductive, but threaten to worsen what is already a severe crisis for U.S. women and newborns" (Cohen, RH Reality Check, 5/10).

GLOBAL REPRODUCTIVE HEALTH: "The Time is Now for Women and Girls," Alexander Sanger, Huffington Post blogs: "After months of work, civil society, private sector and government heavyweights will gather in New York this week to chart their vision for the future of global development" and develop recommendations to submit to United Nations Secretary General Ban Ki-moon, writes International Planned Parenthood Council's Sanger. He urges the panel -- including British Prime Minister David Cameron and Liberian President Ellen Johnson Sirleaf -- to put the "health and rights of women and girls" at the "top of their list" by including provisions that promote universal access to reproductive health services and education and eliminate violence against women, among other things. He writes, "We have an unparalleled opportunity to secure a sustainable world of justice, choice and well-being for all people, and without a doubt, we need healthy, empowered women and girls to ensure that our planet can continue to care for us all" (Sanger, Huffington Post blogs, 5/10).

What others are saying about global reproductive health:

~ "Saving the Lives of Women Worldwide," Susan Blumenthal, Huffington Post blogs.

VIOLENCE AGAINST WOMEN: "Once Again, Media Asks Wrong Questions and Blames Victims," Christine White, Ms. Magazine blog: White discusses the case of three Ohio women -- Gina DeJesus, Amanda Berry and Michelle Knight -- who were kidnapped, tortured and raped while being held captive for a decade. She writes that after hearing news anchors question why the women did not try to escape sooner, she feels the need to "protect these women from these words and the subtext implied that these women are in any way responsible for any of their pain for failing to limit its duration." White adds, "Any survivor of abuse, violence or crime knows the answer -- fear! -- and is offended by the questioning." She continues, "Our cultural tendency to point questions, shame and blame squarely at the victims and away from criminals is a dangerous habit that we must break if domestic violence is to end" (White, Ms. Magazine blog, 5/13).

What others are saying about violence against women:

~ "No, You Cannot Substitute 'Sex' for 'Rape,'" Culp-Ressler, Center for American Progress' "ThinkProgress."

ABORTION ACCESS: "Abortion Funds [Need] Help From Supporters Now More Than Ever," Atima Omara-Alwala, Huffington Post blogs/Women's eNews: On the 20th anniversary of the founding of the National Network of Abortion Funds, Omara-Alwala discusses the need for the funds, which provide grants to women and girls who cannot afford the cost of the procedure. She notes that first-trimester abortions in the U.S. cost an average of $470 in 2009 and second-trimester abortions cost an estimated $1,629, according to the Guttmacher Institute. Abortion funds have "become even more critical to the lives of women as anti-choice legislation is increasingly restricting women's access" to the procedure, she adds. "Without the abortion funds, many more women will not be able to determine for themselves their reproductive destiny, because of the size of their wallet," she concludes (Omara-Alwala, Huffington Post blogs/Women's eNews, 5/13).

VERDICT IN KERMIT GOSNELL CASE: "Why Women Went to Kermit Gosnell," Michelle Goldberg, Daily Beast's "Women in the World": It "should be crushingly obvious" that the actions of Kermit Gosnell -- who was convicted this week of first-degree murder, involuntary manslaughter and hundreds of other charges -- were illegal, but that fact has "been ignored by the right-wing pundits who have tried to turn this deeply disturbing case into an argument against legal abortion," Goldberg writes. "[L]ate abortion -- including illegal late abortion -- is part of what happens when earlier abortion is inaccessible" to women, Goldberg continues, adding, "For decades now, reproductive rights advocates have warned of the return of the unsafe, clandestine procedures prevalent before Roe v. Wade. Well, after a multi-decade assault on reproductive rights, they're here" (Goldberg, "Women in the World," Daily Beast, 5/13).

What others are saying about the verdict in the Kermit Gosnell case:

~ "Applauding Kermit Gosnell's Guilty Verdict," Emily Bazelon, Slate's "XX Factor."

~ "Star Parker, CURE Exploit Gosnell Case To Promote Debunked 'Black Genocide' Narrative," Imani Gandy, RH Reality Check.

~ "Gosnell Found Guilty (Mostly)," Sarah Cohen, Feminists for Choice.

~ "The Gosnell Case: Here's What You Need to Know," Sarah Kliff, Washington Post's "Wonkblog."

FEMINISM: "Feminism's Not Dying -- But It May Be Changing a Little," Ann Garth, Care2: Citing recent articles asserting that young people are not engaged in the feminist movement, Garth writes, "[T]hose worried about feminism's future don't need to be. Women may not call themselves feminists, but that doesn't mean that they don't subscribe to feminist beliefs." She adds, "However, while feminism might not exactly be dying, that doesn't mean it's not having some growing pains." She predicts that "the biggest change ... in the (very near) future for feminism is a focus on intersectionality," which takes a comprehensive approach to fighting discrimination in all forms -- including against lesbian, gay, bisexual and transgender individuals; people with disabilities; and people of color, all of whom "the feminist movement has for far too long both ignored and actively discriminated against" (Garth, Care2, 5/13).

An editorial and several opinion pieces responded to the conviction of Philadelphia physician Kermit Gosnell on first-degree murder charges for the deaths of three infants born alive after illegal abortion procedures.

Editorial, Opinion Pieces Comment on Gosnell Conviction

May 14, 2013 — An editorial and several opinion pieces responded to the conviction of Philadelphia physician Kermit Gosnell on first-degree murder charges for the deaths of three infants born alive after illegal abortion procedures. Gosnell also was convicted on one count of involuntary manslaughter in the death of a woman who sought an abortion at his clinic.

~ Chicago Tribune: "Those who favor curbing or eliminating abortion think [the Gosnell] trial will force Americans to reassess the entire issue," a Tribune editorial states, adding, "But those on the other side say it illustrates the perils of restricting or outlawing the procedure, which they believe will force desperate women into illegal abortions." The editorial argues that stricter state oversight of abortion clinics, comprehensive sex education and increased access to contraception are "reasonable responses" to the case and could "help to prevent the next Kermit Gosnell" (Chicago Tribune, 5/14).

~ Ilyse Hogue, CNN: Gosnell's "willful neglect of the law and of the women who went to him for help is egregious and is exactly the kind of crime that the pro-choice movement has sought to end by bringing abortion care above ground since Roe v. Wade," writes Hogue, president of NARAL Pro-Choice America. Antiabortion-rights activists "are exploiting the Gosnell case to boost their 40-year-old agenda to ban abortion altogether," she adds. "If we allow political extremists to exploit this case to impose more TRAP [Targeted Regulations of Abortion Providers] laws and abortion bans, the remaining safe and legal abortion providers could be forced to shut their doors," Hogue writes (Hogue, CNN, 5/13).

~ Mollie Ziegler Hemingway, USA Today: Now that the Gosnell trial has concluded, "we can find out what [President] Obama thinks about the case and the country's abortion culture," according to Ziegler Hemingway, a contributor to GetReligion.org. She urges reporters to "ask if President Obama still opposes laws that protect infants that survive abortions." She concludes that the Gosnell case will "generate serious discussion about abortion policy in the United States and elsewhere" (Ziegler Hemingway, USA Today, 5/13).

~ Amanda Marcotte, USA Today: Marcotte, who writes for Slate's "XX Factor" and the American Prospect, argues, "[I]f we want to prevent future Gosnells, the solution is simple: Abortion should be regulated, of course, but in the same way that all other medical practice is regulated, with an eye towards making it safe, not making it hard to get." She also calls for the repeal of federal and state legislation barring Medicaid and other insurers from covering abortion care. "These simple measures will help make sure women who don't want to continue their pregnancies can get into clinics early and be treated with dignity and care," she writes, concluding, "It will keep sadists and psychopaths like Gosnell from lurking in the underground, waiting to pounce on women who turn to them because they believe they have nowhere else to go" (Marcotte, USA Today, 5/13).

~ Vicki Saporta, USA Today: "[T]he important thing to remember" about the Gosnell case is that his practices "are not representative of the quality abortion care available from the vast majority of abortion providers in the United States," writes Saporta, president and CEO of the National Abortion Federation. While abortion "is one of the safest medical procedures provided in this country," the stigma surrounding the procedure "helps create opportunities for substandard providers like Gosnell to prey on vulnerable women," she continues. "We must not use the Gosnell case to further stigmatize or make generalizations about abortion providers and the quality of care available in the United States," Saporta concludes (Saporta, USA Today, 5/13).

Melinda Gates, co-chair of the Bill & Melinda Gates Foundation, is moving forward with her pledge to bring voluntary family planning services to 120 million more women in developing nations by 2020, according to an interview she gave to the Wall Street Journal.

Melinda Gates Discusses Progress on Initiative To Increase Contraception Access in Developing Nations

May 14, 2013 — Melinda Gates, co-chair of the Bill & Melinda Gates Foundation, is moving forward with her pledge to bring voluntary family planning services to 120 million more women in developing nations by 2020, according to an interview she gave to the Wall Street Journal.

Gates -- who is Catholic -- made the pledge one year ago after her experience traveling demonstrated that many women in the developing world had difficulty accessing contraception. The pledge garnered criticism from many Catholic groups, who argue that global health funds should be dedicated to other health care services.

The initiative attracted $2.6 billion in donations at a summit hosted last year by the Gates Foundation and the U.K. Department for International Development. In addition, the Gates Foundation and several public- and private-sector partners have brokered a deal to offer two long-acting, reversible contraceptives -- Bayer HealthCare AG's Jadelle and Merck's Implanon -- for $8.50 per unit in developing countries, half their usual market price.

Gates said in the interview that it was a difficult choice to endorse contraceptive access, but she said that "[t]he decision about whether a woman chooses to use contraceptives has to be made by the woman." She stated that her goal is to maintain continuous funding for the initiative "so people know that it's really, really important for women and we keep it on the global health agenda" (McKay, Wall Street Journal, 5/10).

A federal appeals court on Monday placed a temporary hold on an order from a lower court judge who said emergency contraception must be made available without age or point-of-sale restrictions, the Wall Street Journal reports.

Appeals Court Places Hold on Judge's Order To Lift Emergency Contraception Restrictions

May 14, 2013 — A federal appeals court on Monday placed a temporary hold on an order from a lower court judge who said emergency contraception must be made available without age or point-of-sale restrictions, the Wall Street Journal reports (Corbett Dooren, Wall Street Journal, 5/13).

Earlier Monday, the Department of Justice asked the 2nd U.S. Circuit Court of Appeals to stay the order by U.S. District Judge Edward Korman while an appeal is argued, which could take weeks. A panel of judges will consider the request on May 28; until then, limits on the sale of EC will remain in place, the appeals court said.

DOJ's request was expected after Korman last week refused to stay his April 5 ruling that ordered FDA to lift restrictions on EC sales (CQ HealthBeat, 5/13). DOJ attorneys had argued that "substantial market confusion" could result if Korman's ruling were enforced during the appeals process (Long, AP/USA Today, 5/13).

Details of Monday's Filing

Government lawyers argued that Korman's order "exceed[ed] the court's authority in compelling FDA to act outside the required statutory procedures by changing a drug's status from prescription to nonprescription without undertaking rulemaking steps."

Instead, Korman should have remanded the decision to FDA and ordered the agency to reconsider its decision, DOJ argued. Korman had said that doing so would be "futile" because HHS Secretary Kathleen Sebelius previously overruled FDA's recommendation that EC be available without age restrictions.

Additionally, DOJ argued that a stay should be granted because FDA recently lowered the age limit on one EC product -- Plan B One-Step -- from 17 to 15. Because all of the plaintiffs in the case are older than 15, a temporary hold would not cause them any harm, DOJ lawyers argued (Smith, Politico, 5/14).

The Center for Reproductive Rights, which filed the lawsuit that resulted in Korman's decision, has 10 days to respond to the federal government's latest filing (AP/USA Today, 5/13).

Birth rates among U.S. women who had less than a high school education fell by 13% between 2008 and 2011 -- nearly twice the drop among women who had completed at least a bachelor's degree, according to a new study by the Pew Research Center, the Los Angeles Times reports.

Pew Study Charts Birth Rate Shift Toward More Educated, Older Mothers

May 14, 2013 — Birth rates among U.S. women who had less than a high school education fell by 13% between 2008 and 2011 -- nearly twice the drop among women who had completed at least a bachelor's degree, according to a new study by the Pew Research Center, the Los Angeles Times reports.

The study, which relied on U.S. census data to track birthrate trends, noted an overall shift in birth rates toward more educated, older women. Pew researchers found that the percentage of new mothers with at least some college education was at an all-time high in 2011; between 1960 and 2011, the percentage of college-educated mothers increased from 18% to 66%.

The study also found that nearly half of new mothers without high school diplomas were younger than age 25, while only 3% of new mothers with bachelor's degrees were in the same age group. Only 9% of new mothers with bachelor's degrees were unmarried, while 61% of mothers without high school diplomas were unmarried (Alpert, Los Angeles Times, 5/11).

Michigan | Sponsor: Hobbs (D) | Latest Action: Bill introduced and referred to the Committee on Commerce 05/08/2013

Paid Sick Days

State: Michigan
Subject: Paid Sick Days, Domestic Violence and the Workplace, Job-Protected Leave
Bill: H.B. 4706
Sponsor: Hobbs (D)
Bill introduced and referred to the Committee on Commerce: 05/08/2013

Summary:

Guarantees workers one hour of paid sick and safe leave for every 30 hours worked, up to 40 hours annually for workers in businesses with fewer than ten employees and up to 72 hours annually for workers in larger businesses.

The leave may be used for the worker's own health condition, medical appointment or preventive care or for those of a family member. It may also be used to obtain medical, legal or other services needed as a result of domestic violence or sexual assault.

"Family member" is defined as a worker's child (or the child of a domestic partner), parent (or the parent of a spouse or domestic partner), spouse, grandparent, grandchild, sibling, spouse or domestic partner of a grandparent or sibling, or "any other individual related by blood or affinity."

A wave of proposed and completed mergers between secular and Catholic hospitals in Washington state is threatening to restrict access to women's reproductive services, including abortion care, the New York Times reports.

Proposed Wash. Hospital Mergers Threaten To Restrict Access to Abortion, Other Reproductive Health Services

May 13, 2013 — A wave of proposed and completed mergers between secular and Catholic hospitals in Washington state is threatening to restrict access to women's reproductive services, including abortion care, the New York Times reports.

If all of the proposed mergers are completed, almost half of the state's hospital beds would be controlled by Catholic health systems, according to the not-for-profit Merger Watch. Moreover, the American Civil Liberties Union notes that 10 out of the state's 39 counties would have 100% of their hospital beds in Catholic health systems.

The potential mergers raise the prospect that religiously affiliated health care administrators could go further than conservative lawmakers in their attempts to restrict access to reproductive health services, according to the Times.

A spokesperson for the U.S. Conference of Catholic Bishops -- which issues directives for Catholic health care providers -- noted that services considered "immoral" by the church, such as abortion and physician-assisted suicide, are prohibited at affiliated hospitals. The directives also require that clinicians at religiously affiliated hospitals give medical advice that is in line with the "Catholic identity of the health care institution."

Catholic Hospital Leaders, Opponents Weigh In

Catholic hospitals leaders say the mergers are being driven by a shift in the medical and economic landscape and upcoming changes in federal health care rules, which could threaten services for millions of U.S. residents in rural and suburban areas if local hospitals close. They also argue that Catholic health systems are uniquely positioned to help secular institutions continue operating.

"The Catholic health system is in many of the communities we're in because other health care providers have not wanted to serve those communities and have not had a commitment to serve every human being," said Peter Adler, a senior vice president at PeaceHealth, a Catholic health system in the Pacific Northwest.

According to the Times, PeaceHealth is one of four hospitals -- two Catholic and two secular -- that are bidding for control of Skagit Valley Hospital in Mount Vernon. Skagit Valley recently joined with two other small local hospitals in seeking a merger partner. A decision is expected this summer.

The ACLU of Washington -- which opposes the mergers -- has been "exploring plans for possible litigation," according to Sarah Dunne, the group's legal director. The group is considering a challenge arguing that mergers involving religious and secular hospitals that receive taxpayer funding would violate a provision of the state Constitution barring public funding for religious purposes, the Times notes (Johnson, New York Times, 5/12).

Merck and GlaxoSmithKline have agreed to cut the prices on their human papillomavirus vaccines to below $5 per dose, making the shots available to women and girls in the world's poorest countries, the New York Times reports.

Merck, GSK Offer Low-Cost HPV Vaccine for Developing Countries

May 13, 2013 — Merck and GlaxoSmithKline have agreed to cut the prices on their human papillomavirus vaccines to below $5 per dose, making the shots available to women and girls in the world's poorest countries, the New York Times reports. The prices were negotiated through the GAVI Alliance, which aims to deliver vaccines to disadvantaged areas worldwide.

Under the agreement, Merck's Gardasil will be $4.50 and GSK's Cervarix will cost $4.60. Each shot of the three-dose vaccine costs about $130 in the U.S., according to the Times. The vaccines protect against the strains of HPV that cause 70% of cervical cancers, and the Merck vaccine also protects against genital warts.

The lower-cost vaccines initially will be offered through pilot projects in Ghana, Kenya, Laos, Madagascar and other countries. Seth Berkley, CEO of GAVI, said he hopes the low-cost vaccines will be available to 30 million girls in 40 countries by 2020.

The World Health Organization said the plan is "a great step forward for women and girls."

However, the not-for-profit group Doctors Without Borders called the plan "disappointing" because prices should be even lower (McNeil, New York Times, 5/9).

Kate Elder -- a vaccine policy adviser for DWB -- said, "there could have been a better deal struck," adding, "We know that pharmaceutical companies will still be making a very healthy profit off of these vaccines" (Hensley, "Shots," NPR, 5/9).

Julie Gerberding, president of Merck's vaccine division and a former CDC director, said the vaccine costs $4.50 to produce and that the company's "intent is to sell it to GAVI at a price that does not bring profit." A GSK representative said the company also will not profit from the vaccine at the newly negotiated price (New York Times, 5/9).

HPV-Related Cancer Rates Rose Before Vaccine

In related news, a recent study in the journal Cancer found that HPV-related cancer rates were increasing in the U.S. before vaccines became available, Reuters reports.

For the study, researchers examined a government database of HPV-related cancers -- including cervical, vulvar, vaginal, anal, penile and head and neck cancers.

They found an increase in both early- and late-stage cancers between 1978 and 2007.

George Kurdgelashvili, lead author with the Oklahoma City Veterans Affairs Medical Center, in an email said, "Our findings support an important need for HPV vaccination given the absence of effective screening."

Lily Lai, a cancer researcher who was not involved in the study, agreed, saying the findings prove the vaccine should be a "high priority for younger people who are pre-sexually active" (Seaman, Reuters, 5/9).

Supreme Court Justice Ruth Bader Ginsburg on Saturday said that while she supports abortion rights, she believes the 1973 Roe v. Wade decision to legalize abortion nationwide was too sweeping and ultimately provided momentum to abortion opponents, the AP/Dubuque Telegraph Herald reports.

Roe v. Wade Too Broad, Gave Abortion-Rights Opponents a Target, Supreme Court Justice Ginsburg Says

May 13, 2013 — Supreme Court Justice Ruth Bader Ginsburg on Saturday said that while she supports abortion rights, she believes the 1973 Roe v. Wade decision to legalize abortion nationwide was too sweeping and ultimately provided momentum to abortion opponents, the AP/Dubuque Telegraph Herald reports.

Speaking at the University of Chicago Law School, Ginsburg said that Roe had the unintended consequence of giving a boost to the antiabortion-rights movement, which is currently waging a state-by-state campaign to restrict abortion access. This year, North Dakota and Arkansas have signed into law some of the nation's most restrictive abortion policies, the AP/Herald notes.

"That was my concern, that the court had given opponents of access to abortion a target to aim at relentlessly," Ginsburg said, adding, "My criticism of Roe is that it seemed to have stopped the momentum that was on the side of change" (Keyser, AP/Dubuque Telegraph Herald, 5/13).

Ginsburg also expressed disappointment that the case was not argued in terms of advancing women's rights. Instead, the majority opinion by Justice Harry Blackmun focused on the right to privacy, which it said includes a woman's decision on whether to end a pregnancy.

Instead, the justices should have made a narrower judgment that applied only to the Texas law that was being challenged in the case, Ginsburg argued. She added that such a ruling would have sent a message and also allowed momentum to build in states that were expanding abortion rights at that time. Further, a narrower ruling would have denied opponents the argument that Roe was a decision made by "unelected old men."

Overall, Ginsburg suggested that "judicial restraint" can be more effective in producing change than expansive, sweeping decisions. "The court can put its stamp of approval on the side of change and let that change develop in the political process," she said (AP/Politico, 5/11).

A federal judge on Friday refused to stay his April 5 ruling that ordered FDA make emergency contraception available without age or point-of-sale restrictions, the Los Angeles Times reports.

Judge Refuses To Issue Stay in Ruling Lifting Age Limits on Access to Plan B

May 13, 2013 — A federal judge on Friday refused to stay his April 5 ruling that ordered FDA make emergency contraception available without age or point-of-sale restrictions, the Los Angeles Times reports (Morin, Los Angeles Times, 5/11).

Last week, the Department of Justice announced an appeal of U.S. District Judge Edward Korman's ruling and requested a stay of his court order pending results of the appeal. DOJ argued that a stay is needed "to prevent public uncertainty" about the status of EC availability during the appeal process (Women's Health Policy Report, 5/8).

Korman allowed DOJ lawyers to seek a suspension of his decision with the 2nd U.S. Circuit Court of Appeals. The federal government has until noon on Monday to do so (Norman, CQ HealthBeat, 5/10).

Details of Stay Ruling

In his ruling, Korman wrote that DOJ's appeal "is frivolous and taken for the purposes of delay" (Dye, Reuters, 5/10). He explained that if a stay is granted, "it will allow the bad-faith, politically motivated decision of [HHS] Secretary [Kathleen] Sebelius, who lacks any medical or scientific expertise, to prevail -- thus justifiably undermining the public's confidence in the drug approval process" (Shear, New York Times, 5/10).

Korman also said that remanding the case back to FDA -- which DOJ requested in its appeal -- "ignores the fact that the FDA found the drug was safe and could be used properly without a doctor's prescription" (Los Angeles Times, 5/11). He pointed out that the "cause of the rejection of over-the-counter sale of ... [EC] was [Sebelius]" and "[s]he has not changed her position." (New York Times, 5/10). Such "rare circumstances," he argued, would make a remand "not only unnecessary but ... an abuse of discretion" (Bray, Wall Street Journal, 5/10).

Criticism of DOJ Appeal

In addition, the judge castigated DOJ for suggesting that the unrestricted sale of EC would create "uncertainty" for women while the appeals are ongoing.

He wrote that "this silly argument ignores the fact it is the government's appeal from the order that sustained the judgment of the commissioner of the F.D.A. that is the cause of any uncertainty, and that that appeal is taken solely to vindicate the improper conduct of [Sebelius] and possibly for the purpose of further delaying greater access to [EC] for purely political reasons" (New York Times, 5/10). Korman added that the argument also "assumes that defendants have a likelihood of success on the merits" and constitutes "an insult to the intelligence of women" (Wall Street Journal, 5/10).

Reaction

Nancy Northup -- president of the Center for Reproductive Rights, which is a plaintiff in the dispute -- in a statement praised Korman's decision, noting, " Judge Korman's sound ruling simply orders the government to do what the experts at FDA have been trying to do for years: to put politics aside and let science guide us to a policy that makes emergency contraception readily accessible to all women when they need it most urgently."

DOJ declined to comment on the decision (Los Angeles Times, 5/11).

The University of Montana on Thursday announced that it would reform the way it responds to rape accusations after a yearlong federal investigation revealed instances in which survivors' claims were mishandled, Reuters reports.

Univ. of Montana To Implement Reforms Following Federal Probe Into Sexual Assault Response

May 13, 2013 — The University of Montana on Thursday announced that it would reform the way it responds to rape accusations after a yearlong federal investigation revealed instances in which survivors' claims were mishandled, Reuters reports.

Last spring, the Departments of Justice and Education launched an investigation into allegations that the university failed to aggressively pursue sexual assault and harassment reports, including several that involved football players. DOJ officials also held a separate investigation into whether Missoula police and the county attorney mishandled rape cases over a three-year period. The DOJ investigation is ongoing.

Seth Galanter, acting assistant secretary for civil rights at the Department of Education, said the investigations revealed incidents of sexual harassment and assault at the University of Montana that interfered with women's ability to engage in and benefit from school programs. Galanter added that the on-campus incidents created a fearful environment for many women that made them feel unsafe in certain areas of the campus.

Details of the Agreement

The agreement between the federal government and the university outline several mandatory steps, including revising the school's policies and investigative practices into reports of sexual harassment or assault.

Under the agreement, the university must improve training and hire a third-party monitor to implement the reforms "to fully eliminate a hostile environment based on sex." University officials say they intend to ensure women's safety on campus and have implemented a mandatory training program for incoming students aimed at preventing sexual violence.

Jocelyn Samuels, principal deputy assistant attorney general for the Department of Justice's civil rights division, at a news conference said the agreement would serve as a model for reform for other campuses across the country as they address the "all too common problem of sexual assault and harassment of students."

Response

In a statement, Roy Austin, deputy assistant attorney general for the division, said, "What is noteworthy about this announcement today is not the problems our investigation found at the university, but a shared commitment to the equality of women students and their safety."

Brittany Salley-Rains, co-director of the Women's Resource Center at the university, expressed doubt that the new measures will change "the culture of rape and sexual violence that exists on campus." She added, "It's a cultural problem and it's not exclusive to our campus. There needs to be more prevention going forward and the university administration needs to do more to bring attention to the detrimental culture that threatens women" (Zuckerman, Reuters, 5/9).