On Eve of SCOTUS Abortion Decision, Texas Accused of Suppressing Key Data

[cali]

The Supreme Court is expected on Monday to announce its decision on Texas' abortion law, in what could be the most consequential ruling on the issue in a generation. The question: Do new requirements on abortion providers pose an unconstitutional "undue burden" on Texas women?

But among the reams of evidence presented to the high court and the public debate in Whole Woman's Health v. Hellerstedt, something is still missing: A full, official account of the initial impact of the law on Texas women.

A state employee with knowledge of the annual data Texas collects on abortion spoke to NBC News and is accusing state officials overseeing the Department of Health Services of intentionally blocking the information and instructing staff members to mislead people who ask for it. Because fact-finding traditionally ends after such a case goes to trial, long before it reaches the Supreme Court, the justices may or may not have considered it. But in the court of public opinion, the data could potentially undermine Texas' official argument that its requirements pose no particular burden on women.

First catapulted to the national stage by then-state Sen. Wendy Davis' pink-sneakered filibuster, the law has a bundle of abortion restrictions. Local abortion clinics have asked the Supreme Court to block two of the rules: that doctors performing abortions have admitting privileges at local hospitals and that even early procedures, including "medication abortions" that involve only taking two pills, take place in expensive ambulatory surgical centers.

Saying they are unable to comply with the admitting privileges provision — in one border town, McAllen, no hospital would even send abortion providers an application — about half of the clinics in Texas have already closed since 2013. If the Supreme Court allows the other requirement to go into effect, only nine or 10 clinics will be left in a state with 5.4 million women of reproductive age. '

<snip>

read:http://www.nbcnews.com/news/us-news/eve-supreme-court-abortion-decision-texas-accused-suppressing-key-data-n598071

I urge you to read the whole story. The details are damning.

[cali]

1. More from the article.

<snip>

"The data is not final. If the data were final, we would release it. We hope to have it finalized soon," said Carrie Williams, a spokeswoman for the department.

But according to the state employee, who provided emails and screenshots to NBC News that appear to corroborate the timeline, the abortion statistics were in the final stages months ago. In fact, according to this individual, who spoke on the condition of anonymity because of ongoing employment there, in December 2015, researchers in the relevant department were actually told to get the information ready sooner than the usual 15 months.

<snip>


In a June 15 letter, the ACLU of Texas, which first referred the state employee to NBC News, wrote, "Rather than responding honestly and claiming a legal basis for withholding the 2014 statistical tables, it appears that your agency has chosen to hide the truth." The letter continued, referring to Texas' state public records law, "Lying in response to Public Information Act requests would subvert the purpose of the Act, whether or not there is an arguable legal basis for withholding information."

Asked to respond to these allegations in detail, a spokeswoman for the Texas Department of State Health Services wrote in an email in part, "The 2014 tables are under review, and we hope to have them finalized and released soon. For the last several years, Texas abortion data was typically finalized and published between March and June."

Minutes later, when NBC News followed up specifically to repeat claims that the data release was being intentionally delayed and employees were told to pretend they were not yet ready, the only answer was an out-of-office message.

[BlancheSplanchnik]

9. SpokesLIAR.

[cali]

2. Abortion is an issue that no longer seems of important to DUers, if one goes

by response to threads about it.

This will be a momentous decision for women's rights- or further abrogating them.

[Aerows]

3. It is important to this DUer.

This is a horrible move for the health of Texas women and an erosion of the right to personal autonomy.

[katmondoo]

5. I worried about the outcome before Scalia died

Now I don't know. Scalia was anti Abortion so I knew how he would vote. Worried again.

[Ilsa]

10. And beyond personal autonomy, it affects women's economics.

There isn't enough assistance in Texas to help make up for the financial burden, including lost wages, career advancement, daycare, etc, when you aren't allowed to control how and when you reproduce. Having control of one's reproduction is one of the most important factors in managing personal finance.

[Aerows]

11. Precisely. n/t

[BlancheSplanchnik]

37. ^. n/t

[alfredo]

30. It is still important to me. The election is sucking all the air out of the room.

[BlancheSplanchnik]

8. That's right. Seems DUers don't care about laws that target WOMEN for extreme suffering, even DEATH

for WOMEN. Only women.

But sure, let's post hundreds of thousands of protest threads against pizza and cake shops.

[cali]

12. yes, that passed my mind as I wrote that.

[BlancheSplanchnik]

14. Kick.

Ing. A lot of people in the ass.

I am so sick of the apathy towards what happens to women.

Oh wait, there were hundreds of thousands of posters concerned about women's rights---to show their t*ts.
Yes, if it's a critical human rights issue that may abrogate boob-showage, you can count on progressives to stand up for us!

[smirkymonkey]

22. +1000

[cali]

23. thank you, Blanche. You speak for me.

[Silver_Witch]

41. When did we loose our voice?

When did we not matter?

[BlancheSplanchnik]

44. Hmmm...we haven't lost our pice...it just doesn't often get heard.

Well, we're changing that, I guess. It is changing. But so slow. Other issues usually grab attention first.

Funny how there are more posts to this thread arguing with other posters about focus of concern. If there's so much concern for women's lives, why did whoever not reply to the issue in the OP.

[trumad]

35. Broad Brush bullshit.

[Ilsa]

13. Or getting called for using phrases similar to

"Family/religious rejection causing self-loathing".

Sometimes I think DU is only about one demographic at a time. Maybe this week will be "Women of reproductive age" demographics week.

[BlancheSplanchnik]

15. Maybe I'm too jaded, but it seems the Woman demographic

Is always low on the human rights list around here...and everywhere.

[justiceischeap]

36. Yeah, sorry my gay rights got in the way of your abortion rights

As a woman, who also happens to be gay, both issues matter to me. But don't be pissed because people on DU started getting upset because the LGBTQ community was being blatantly discriminated against. It wasn't all that long ago that DU was blaming the LGBTQ community for election losses.

The reason people may not appear to be so vocal about women's rights is because they may not think they're really in danger of losing them --whereas the LGBTQ community was on the verge of getting them.

[lark]

18. This DU feminist cares a lot about women having the ability to control their reproduction.

That's one of many thousands of reasons I would never vote Repug.

[MyOwnPeace]

24. And me, too!

So many issues, yet they are all important. Don't feel slighted because yours isn't pushed at any given time, just keep up the fight!

[passiveporcupine]

21. I think some people are just burned out with DU

The primary was so intense for so long and I think many of us need a break now. I hope that's all it is.

[alfredo]

31. It has been a real distraction from important issues such as women's rights and the environment.

[Crash2Parties]

29. It is important to some of us

Our family would be minus one mom and all our kids if not for a timely D&C years and years ago.

[BlueCollar]

32. For the record

It is important to this Texas DUer.

I give more money to Planned Parenthood and the Texas Freedom Network than I do to the National Party.

Hopefully SCOTUS will call out the Religious Right for what it is when they make their ruling.

[no_hypocrisy]

4. This Texas statute was the entire reason for Wendy Davis to make her famous filibuster and

to run for governor.

Even if the federal appellate decision is upheld by the USSC and its effect is limited to the jurisdiction of the federal circuit in which it's in, other states will be emboldened to pass their own statute in hopes of banning abortion without actually criminalizing the procedure.

I saw this coming this time of year in 1992 with the Webster decision.

[herding cats]

6. This is very interesting.

three data points are potentially relevant to the Supreme Court case. At oral argument, Justice Anthony Kennedy apparently referred to Grossman's data when he asked the Texas solicitor general about the finding that "this law has really increased the number of surgical procedures as opposed to medical procedures, and that this may not be medically wise."

A separate provision of the law, not before the court, specifically restricted the method Kennedy referred to as "medical procedures," or medication abortion. Women had to make up to four separate visits to a clinic, faced a smaller window of availability, and a higher, potentially riskier dosage of the pills involved. For women whose nearby clinics have closed, the additional visits in particular would have posed a potentially unconstitutional burden.

[BlancheSplanchnik]

45. Of course the gee oh pee lackeys are hiding and lying about data.

Glad this came out...luckily the last minute before it was too late. (If I understand correctly).

[spanone]

7. we are now understanding why there are only eight justices currently on the scotus

criminal

[SunSeeker]

16. K & R for exposure.

[Fla Dem]

17. With only 8 SCJ's on the bench, Kennedy is the tipping vote.

Wed Mar 2, 2016
Key justice Kennedy wavers as Supreme Court confronts abortion
WASHINGTON | BY LAWRENCE HURLEY

>>>snip<<<

The outcome appeared to be in the hands of Kennedy, who often casts the deciding vote in close rulings. In past abortion cases, he has backed a fundamental right to abortion while supporting some restrictions.

The court was shorthanded with only eight justices following the Feb. 13 death of conservative Antonin Scalia, leaving the liberals and conservatives evenly divided.

The best that supporters of the law could hope for would be a 4-4 split that would let stand a lower-court ruling that affirmed the Texas regulations but set no nationwide legal precedent on whether other states could enact similar measures.

However, such a ruling leaving the Texas law intact could encourage other states with anti-abortion legislatures to pass similar laws.
http://www.reuters.com/article/us-usa-court-abortion-idUSKCN0W40BZ

Kennedy specifically asked for more data.

Kennedy at one point suggested sending the case back to a lower court to get further evidence on the law's impact, including an assessment of the ability of existing Texas clinics to meet the demand for abortions.

Even if Texas withheld data, not sure there is anything that can be done, The case has already been argued. Someone with more knowledge than me might know if additional information can be offered or is there anything like a mistrial at the Supreme Court level? Can the government ask for a do over because Texas withheld data?

[cali]

20. Maybe it's just wishful thinking, but I'm guessing that Kennedy

will be the vote that makes it 5-3.

As to your questions, I can only make a fairly uneducated guess that the decision has been made and will stand.

[liberalla]

28. God/dess I hope its 5-3!

No more/ENOUGH for these TX dickheads...
Just so sick of this shit

[awoke_in_2003]

25. And senate democrats

have allowed the republicans to stop any potential replacements with only a whimper. They should be bringing up republican obstructionism every time a camera is in front of their face. If this ruling doesn't go our way, some of the blame gets dropped in Harry Reid's quisling lap

[Silver_Witch]

42. Totally agree!

Very tired of dems not supporting women's rights! If people really don't want abortion they need to promote education and provide FREE bith control to everyone,man and woman, in this country!

Seriously ....

[BlancheSplanchnik]

47. ^

I think there would be more support of women's lives if media showed real consequences of forced birthing in women's lives. Social understandings are so very much shaped by media.

But because of deeply embedded taboos and deeply embedded romanticism regarding motherhood and children, people don't want to be confronted with realities.

And people who create media don't tend to think these difficult thoughts--if it doesn't affect them personally, or if acknowledgement could hurt revenue, the subject is effectively censored.

[awoke_in_2003]

48. I remember a time

when people were calling TV and idiot box. I always laughed at that. But thinking about it, the TV seems to have done just that- produce a lot of idiots.

[BlancheSplanchnik]

49. Ohhh, you MUST read "Amusing Ourselves to Death"

By Neil Postmann.

Seriously, it was ahead of its time. Predicted in the 70's exactly what's going on now.

[awoke_in_2003]

52. I will look that up

Thanks

[BlancheSplanchnik]

53. :)

If you can, tell me what you thought.

I read it quite a few years ago and it blew my socks off.

[awoke_in_2003]

54. I will try to sneak it in....

shouldn't be a problem, I am only reading The Count of Montecristo and The Poetry of Robert Frost right now.

[BlancheSplanchnik]

55. Lol!

[awoke_in_2003]

56. When I am in reading mode

I am usually juggling 4 or 5 at a time, so this is the perfect time to add another

[BlancheSplanchnik]

57. I do the same thing, only classic literature and poetry don't figure in,

Usually.

[awoke_in_2003]

58. I just recently

decided to get into poetry to expand my horizons. I got some DH Lawrence, Dylan Thomas, and Robert Frost. I am on the lookout for Pablo Neruda. I have been meaning to read CoMC for ages, and am finally getting around to it.

[mcar]

19. Kick

[csziggy]

26. k&r

[Meldread]

27. K&R

[LittleGirl]

33. I care

Which is one of the reasons why when my spouse was looking for a new job, I told him in no uncertain terms, don't even consider Texas or anywhere in the south for that matter.

[Ford_Prefect]

34. FWIIW I think The Hype about Trump and Brexit took up much of the headlines here.

I think I saw 3 times as many Brexit headline remarks as those over Orlando. I don't know about the DU dynamics of interest vs. fear vs. those with agendas to drive or obscure discussion vs. the frequency of posting new items but I only saw this headline in the best threads listing, near the bottom of that list, 18 hours after it was posted.

Sunday is my slack day as far as controversy goes and I am getting quite tired of some of the side effects of the as yet unending Primary Season (up to 3 calls to Jury a day since the rule changes) which to say nothing of my own growing contempt for those who continue to insist on party purity without room for real discussion of issues such as this one.

I have watched the slow crawl from the shadows of the vile creatures who enabled the bill at the heart of this case. They have been emboldened for years by the promise of funds unending from the Kochs and others. They have been coached in the structure and the terms of this legislation by the same terrorist coordinators that have been stirring up hatred of LGBT people, Muslims and Liberal thought.

If we cannot have genuine national healthcare how can we set standards nationally for what is correct and unarguable about abortion and reproductive care? This case is an example of what happens when we do not. It seems to me that Congress is far too compromised to act appropriately. Likewise the DOJ has been far too distracted protecting investment bankers and looking for international terror to pursue the apparently more mundane domestic conspiracy of those who would disable Federal government and our access to its services and protections.

In this case women and children and families and men (well some of us at least) are victimized almost as severely as anyone murdered this year by those who claim they are somewhat closer to God. That the abusers find excuse for their fears and their actions in an excess of religious zeal says more than I can about their need to control what and who they cannot tolerate or manipulate.

How many headlines in the MSM has anyone seen about this SCOTUS decision?

[mopinko]

38. kicking

never liked it that you can be a prolifer and still be a du'er.

[alfredo]

39. We won 5-3

[BlueCollar]

40. 5-3

Texas loses...Women win

[kag]

43. Thanks for posting this...

and for recommending the rest of the article. It is fascinating.

[niyad]

46. thank goodness SCOTUS acted correctly. and damn the woman-hating gestational slavers.

[BlancheSplanchnik]

50. ^

[niyad]

51. . . . .