California Judge Blocks Release of Pro-Life Undercover Videos

David Daleiden
photo credit: American Life League / Flickr

Hundreds of hours of undercover footage from National Abortion Federation meetings recorded by pro-life undercover journalists with the Center for Medical Progress (CMP) were permanently blocked last Wednesday by a California judge.

District Court Judge William Orrick issued a preliminary injunction against the videos in 2015 after Planned Parenthood and the National Abortion Federation sued the CMP for alleged violation of California privacy law, and now that injunction is permanent.

Early in the case's legal proceedings, the CMP filed to disqualify Orrick as the judge for the case, due to his close ties to the abortion industry. The motion failed, however, and Orrick refused to recuse himself.

Judge Orrick wrote that the videos "disclosed no criminal activity," but David Daleiden (who led the CMP investigation) responded last Thursday by arguing the opposite:

"What is on the footage of public conversations at abortion industry trade shows that Planned Parenthood leadership is so desperate to cover up? Our expert Dr. Forrest Smith, the country’s longest-practicing abortion provider, says it shows the quid pro quo sale of fetal body parts, abuse of patients, and infanticide–but Judge Orrick insists he sees nothing wrong with it, yet won’t let the public decide for themselves.

This decision hides the most incriminating and damning footage under the fig leaf of trade show exhibit agreements which explicitly permitted exhibitor recording. This transparent attempt to skew the law and suppress free speech to protect the worst wrongdoing must stop, and the truth must be revealed."

20 state attorneys and several activist groups filed friend-of-the-court briefs in March asking the Ninth Circuit Court of Appeals to take up the CMP case. They argued that the lower court decision will harm the First Amendment and future investigative journalism.

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Arkansas Attorney General Petitions Supreme Court to Review Decision Blocking Law to Protect Babies with Down Syndrome

Arkansas Attorney General Leslie Rutledge

Arkansas Attorney General Leslie Rutledge on Tuesday petitioned the Supreme Court to review a decision blocking the enforcement of a law banning discriminatory abortions against babies with Down syndrome.

The decision was made on Jan. 5th by a three-judge panel from the 8th Circuit Court of Appeals. That decision upheld the District Court decision to block a 2019 Arkansas law that prohibits doctors from aborting babies when the decision is based “solely upon a diagnosis of Down syndrome or any other reason to believe the child has Down syndrome.”

“The Constitution does not require Arkansas to permit discrimination-by-abortion against Americans with Down syndrome,” said Attorney General Rutledge. “Through my personal friendships, I know that while individuals with Down syndrome may have an extra chromosome, they also have extra love and joy they share unconditionally, and I will not stand by while God’s gifts are exterminated as has been done in other countries.”

Rutledge noted that two members of the 8th Circuit panel made their decision purely on precedent; asking the Supreme Court to reconsider the precedent which led them to block the Arkansas law.

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Biden FDA Suspends Regulations Requiring Women to Receive Abortion Pills In-Person

photo credit: Volodymyr Hryshchenko / Unsplash

In an April 12th letter, FDA Commissioner Janet Woodcock announced that the FDA would suspend its enforcement of Risk Evaluation and Mitigation Strategy (REMS) regulations limiting the distribution of the abortion pill mifepristone for the duration of the pandemic.

Pro-abortion organizations have been advocating for this change for nearly a year, now. They argue that REMS regulations endanger women by requiring them to visit abortion clinics in person; potentially exposing them to COVID-19. Instead, they argue that women should be able to receive abortion pills through the mail after consulting a doctor over the phone or in a video call.

REMS safety precautions were put in place for a reason, however.

If a pregnant mother receives abortion pills without ever visiting a doctor, they will not be able to diagnose pregnancy conditions or determine the gestational age of the baby. If a mother attempts to take the abortion pill regimen while she has an ectopic pregnancy, or if the baby has developed past the point that the abortion pill regimen is effective, then the abortion pill regimen could cause substantial harm to the mother.

National Right to Life President Carol Tobias responded to the announcement:

“These changes place women at greater risk because they may not be able to distinguish the signs of an incomplete abortion, a ruptured ectopic pregnancy, or a deadly infection from the ordinary pain and bleeding of completed chemical abortion. None of these changes make this process safer for the woman. What these changes do is make the process easier and cheaper for the abortion industry.”

In the announcement, Woodcock wrote that the “small number of adverse events reported to FDA during the COVID-19 public health emergency (PHE) provided no indication that any program deviation or noncompliance with the Mifepristone REMS contributed to the reported adverse events.” She failed to realize, however, that REMS changes made under the Obama administration in 2016 no longer require the manufacturer of the abortion pill, Danco Laboratories or its generic GenBioPro to report non-fatal adverse effects.

While these changes are being advertised as temporary reactions to the COVID-19 pandemic, many pro-life advocates fear that they will soon become permanent.

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Sixth Circuit Reverses Injunction Against Ohio Non-Discrimination Law

photo credit: Bill Oxford / Unsplash

On Tuesday, the Sixth Circuit Court of Appeals voted 9-7 to lift a preliminary injunction against Ohio's Down Syndrome Non-Discrimination Abortion Act.

The law prohibits a doctor from aborting a child if the doctor knows that the child's diagnosis with Down syndrome is her reason for seeking the abortion.

The bill was signed into law in 2017 by then-Governor John Kasich, but it has faced a long legal battle against Planned Parenthood and other abortion businesses.

In a statement, Ohio Right to Life President Mike Gonidakis said, 

“This court ruling brings us one step closer to ensuring that vulnerable babies with special needs are not marked for death because of who they are. Every life is worth living and every precious and unique human being is worthy of complete protection under law.”

Judge Alice M. Batchelder wrote in her majority opinion that the restrictions created by the Down Syndrome Non-Discrimination Abortion Act "do not create a substantial obstacle to a woman’s ability to choose or obtain an abortion" and reasonably further Ohio's interests, which she listed in her opinion:

“Ohio asserts that H.B. 214 furthers three valid and legitimate interests by protecting: (1) the Down syndrome community from the practice of Down-syndrome-selective abortions and the stigma associated with it; (2) pregnant women and their families from coercion by doctors who advocate the abortion of Down-syndrome-afflicted fetuses; and (3) the integrity and ethics of the medical profession by preventing doctors from becoming witting participants in Down-syndrome-selective abortions. These are legitimate interests.”

By ruling in favor of this law, the sixth circuit is validating Ohio's right to protect unborn children with Down syndrome from unjust discrimination and death. 

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Kansas Judge Strikes Down Dismemberment Abortion Ban

Last Wednesday, a Kansas judge issued an opinion invalidating the state's ban on the dismemberment of unborn children.

The ban, which was passed into law in 2015, has never been enforced due to an injunction issued by a Kansas judge six years ago. Now- largely referencing the 2019 decision Hodes & Nauser v. Schmidt that claimed to find a "fundamental right" to abortion in the Kansas state constitution- Shawnee County District Judge Teresa Watson has struck down the state's ban on the dismemberment ban.

Dismemberment abortions occur during the 2nd trimester of development or later; since the unborn child will have grown too large for abortion via the abortion pill regimen to be effective. During a dismemberment abortion, an abortionist will reach through a mother's cervix with metal instruments to tear an unborn child's arms, legs, and head from its body piece by piece. See this YouTube video for a full description of the procedure.

In response to Hodes & Nauser v. Schmidt, the Kansas Legislature approved a measure that will place the Value Them Both Amendment on the Ballot for Kansans in 2022. This amendment would prevent judges from interpreting the state constitution to have a right to abortion.

The Value Them Both Amendment reads:

Because Kansans value both women and children, the constitution of the state of Kansas does not require government funding of abortion and does not create or secure a right to abortion. To the extent permitted by the constitution of the United States, the people, through their elected state representatives and state senators, may pass laws regarding abortion, including, but not limited to, laws that account for circumstances of pregnancy resulting from rape or incest, or circumstances of necessity to save the life of the mother.

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Texas House to Consider Bill Giving Preborn Children Legal Representation in Court

photo credit: Jonathan Cutrer / Flickr

While Illinois politicians are considering the repeal of our state's parental notification law, the Texas House of Representatives will consider a bill that would give preborn children legal representation when a minor seeking an abortion attempts to get a judicial bypass.

Texas law requires that parents not only be notified of a minor's intent to have an abortion; but also that they give consent. Similar to Illinois's parental notification law, however, there is still a process for a judicial bypass. If the minor convinces a judge that it is in her best interest to have an abortion without her parents' knowledge, then she can bypass both the notification and consent requirements.

The existence of judicial bypasses increases the likelihood that a girl will return to an abusive living situation rather than seek help if she lives in an abusive household. Furthermore, it leaves the potential issues such as rape and sex trafficking that may have caused the pregnancy unsolved. All of that comes on top of the fact that an innocent unborn child is killed in the process.

Texas House Bill 1171 is unique in that it would give unborn children a voice during judicial bypass hearings. Texas Right to Life legislative associate Rebecca Parma told Spectrum News, “They don’t have a voice yet, and so their interest needs to be represented by someone who has a voice. If the pregnant minor is going to have an attorney ad litem, which should help represent her best interests, the unborn child needs to have that voice, as well, representing his or her best interests.”

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New Mexico Gov. Signs Assisted Suicide Bill

New Mexico Gov. Michelle Lujan Grisham

On April 8, New Mexico Gov. Michelle Lujan Grisham signed into law a bill that legalizes assisted suicide in her state.

The new law is set to take effect on June 18.

“New Mexico’s assisted suicide law puts vulnerable citizens at risk,” said Carol Tobias, president of National Right to Life. “Depression related to a serious illness often drives requests for assisted suicide, and in other states that have legalized assisted suicide, referrals for psychological evaluation are almost nonexistent.”

“In New Mexico, vulnerable patients who need support can be offered lethal drugs to end their lives instead of the help they genuinely need,” Tobias continued.

People who seek assisted suicide often do so because they are experiencing depression or lack the financial resources needed to pay for treatment. Because of this, doctors and family members can push patients toward assisted suicide when financial, medical, or emotional assistance could still have a positive impact on a patient.

“This legislation endangers vulnerable populations and opens the door to abuse,” said Jennifer Popik, J.D., director of Medical Ethics for National Right to Life. “This puts a human being in danger of becoming a notation in a cost/benefit analysis.”

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National Right to Life Convention Scheduled for June

The National Right to Life Convention has been scheduled for June 25-26 and will be held in-person Herndon, Virginia.

The National Right to Life Convention is a two-day educational and training event during which experts will help to equip pro-life grassroots advocates with the knowledge and skills needed to advance the pro-life cause.

The event will include 40 workshop events, an opening prayer breakfast, a showing of the pro-life play Viable: The Truth in One Act, a Teens for Life Convention, and a closing banquet.

To register for the convention and receive special hotel rates, visit nrlconvention.com.

Wyoming Gov. Signs Bill Protecting Abortion Survivors

Wyoming Gov. Mark Gordon
photo credit: Mike Groover

After a Wyoming bill was successfully passed by both houses, Wyoming Gov. Mark Gordon signed the Born Alive Infant Means of Care Act on Tuesday. This legislation protects the babies who survive attempted abortions by requiring physicians to give them the same degree of care they would give any other newborn.

The law reads:

“The commonly accepted means of care that would be rendered to any other infant born alive shall be employed in the treatment of any viable infant aborted alive. Any physician performing an abortion shall take medically appropriate and reasonable steps to preserve the life and health of an infant born alive.” 

The bill passed with overwhelming margins in the House [48-11] and Senate [26-4]. Gov. Gordon vetoed a slightly different version of the bill last year, but he chose to sign this year's iteration of the bill into law.

The law is scheduled to take effect on July 1.

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Ohio Judge Grants Temporary Restraining Order Against Telemedicine Abortion Ban

photo credit: Joe Gratz / Flickr

Hamilton County Common Pleas Judge Alison Hatheway, the same judge who has temporarily blocked the requirement that abortion businesses bury or cremate the remains of aborted babies, has now issued a temporary restraining order against another pro-life law. 

Ohio Senate Bill 260 bans the use of telemedicine to provide abortion-inducing drugs. Instead, the law would require physicians to prescribe such drugs in-person. Unfortunately, it cannot be enforced for the time being.

The telemedicine abortion ban was originally signed by Ohio Gov. Mike DeWine in January and set to go into effect on April 12. Judge Hatheway's temporary restraining order blocks Ohio from enforcing the law for two weeks, however.

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New Utah Law Requires Fathers to Pay Half of Pregnancy Costs

photo credit: Suhyeon Choi on Unsplash

A Utah law that just took effect can require biological fathers to pay half of the mother's pregnancy costs.

According to CNA, fathers in Utah can be required to pay half of the mother's insurance premiums and pregnancy-related medical costs (including hospital birth).

If a mother in Utah has the biological father's paternity confirmed, she can legally require him to financially support her pregnancy. This allows women to choose life after being raped or their partner leaves them without worrying as much about financial burdens.

The new law also states that a mother who obtains an abortion without the father's consent cannot require him to pay for the abortion. This does include exceptions to save the life of the mother or if the pregnancy was caused by rape or incest.

In addition to fighting against pro-abortion laws and court decisions, pro-life advocates can help save the lives of the unborn by advocating for laws and policies that help disadvantaged women. This law is a good example of one that empowers women to overcome an obstacle that might otherwise cause them to have an abortion.

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Nebraska Village Becomes First Outside Texas to be a "Sanctuary City" for the Unborn

photo credit: Jill Sauve / Unsplash

The small village of Hayes Center, Nebraska has become the first city outside of Texas to become a "sanctuary city for the unborn."

The majority-female Board of Trustees unanimously voted 5-0 to outlaw abortion within the city limits. Hayes Center, Nebraska can list itself among the 23 other cities which passed enforceable ordinances banning abortion.

The Hayes Center Ordinance declares, “It shall be unlawful for any person to procure or perform an abortion of any type and at any stage of pregnancy in the village of Hayes Center, Nebraska” and “It shall be unlawful for any person to knowingly aid or abet an abortion that occurs in the village of Hayes Center, Nebraska.”

Abortion in this ordinance is defined as “the act of using or prescribing an instrument, a drug, a medicine, or any other substance, device, or means with the intent to cause the death of an unborn child of a woman known to be pregnant.”

It further declares that abortion-inducing drugs (not including oral contraceptives) will be considered contraband.

According to the ordinance, “any person, corporation, or entity who commits an unlawful act . . . shall be subject to a fine of $500.” There is one important exception, however: “Under no circumstance may the penalty described . . . be imposed on the mother of the unborn child that has been aborted.”

The Sanctuary Cities for the Unborn Initiative has said that cities throughout the United States are showing interest in the movement.

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Ohio Humane Disposal Law Halted by Planned Parenthood Lawsuit

An Ohio law requiring abortion businesses to bury or cremate the remains of aborted children would have gone into effect on Tuesday. Unfortunately, an Ohio judge responded to a lawsuit by Planned Parenthood and the ACLU on Monday by temporarily halting the requirement.

The Unborn Child Dignity Act was signed into law three months ago after originally being introduced in 2016. Mike DeWine (who was Ohio's Attorney General at the time, but is now the state's governor) conducted an investigation into Planned Parenthood's abortion practices in response to undercover footage showing that other affiliates harvested and sold body parts from aborted babies. DeWine did not find evidence that this was occurring in Ohio, but he did find that the remains of aborted children were simply being sent to landfills.

The Unborn Child Dignity Act would require abortion businesses in Ohio to treat aborted children as more than trash. Unfortunately, Planned Parenthood is unwilling to take even that small step.

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Charges Against New Mexico Patient Arrested after Botched Abortion Dismissed

Last September, Women's Reproductive Clinic in New Mexico had one of its patients and her husband arrested for disturbing the peace after she complained that the clinic had wrongfully taken the remains of her aborted child from her. Now, seven months later, that woman has won in court against the abortion business.

The client, who is known publicly as "Jane Doe," had suffered two botched abortions on the same pregnancy by Women's Reproductive Clinic. She had attempted abortion via the abortion pill regimen, but she later had a surgical abortion after that failed. After she returned home from the surgical abortion, she unexpectedly delivered remains of her deceased baby there. Doe and her husband called the abortion business, which told them to return.

When they arrived, however, clinic workers wrongfully took custody of the child's remains. This upset Doe, who wanted to have her child cremated. When she complained, the clinic called the police and had them arrest the couple.

Lawyers from the pro-life organization Abortion on Trial came to the defense of the couple. Last Friday, the organization announced in a press release that the charges against Doe and her husband had finally been dropped. Furthermore, Women's Reproductive Clinic was unsuccessful in its attempt to make Doe liable for the abortion business's legal fees.

“We hope Jane’s story will continue to spread as a beacon of awareness and precaution to those considering abortion.” Says AOT Executive Director, Jamie Jeffries. “We hope those who oppose abortion see this case and realize just how much women need compassionate care after abortion.”

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Don't Forget: Legislative Training Sessions this Week

Last month, Parents for the Protection of Girls announced that it would be holding four legislative training sessions online to help inform pro-lifers on how they can most effectively speak with Illinois legislators over Zoom to fight against the repeal of the Parental Notification of Abortion Act. Last week, it hosted two of those sessions. This Wednesday and Thursday, the final two sessions will be held.

To register for either of those training sessions (which will be held at 6:00 PM on Wednesday, April 7th, and 6:00 PM on Thursday, April 8th), visit the website below:

https://www.eventbrite.com/e/parents-for-the-protection-of-girls-legislative-training-sessions-registration-147188385423

It is important that we protect Illinois's Parental Notification of Abortion Act. Not only would girls be more likely to make impulsive decisions without it, but human traffickers and rapists will be more likely to get away with their abusive behaviors.

Pro-Abortion Vivek Murthy Confirmed as Surgeon General

Surgeon General Vivek Murthy

Vivek Murthy, who served as the surgeon general for the Obama administration from 2014 to 2017, was sworn in by HHS Secretary Xavier Becerra as the Biden administration's surgeon general on March 25. Much like Becerra, Murthy has a history of supporting Planned Parenthood and pro-abortion policies.

At the Washington Ideas Forum in 2015, Murthy voiced his support of giving taxpayer funding to Planned Parenthood:

“There are many people around the country, many women, that I have cared for when I was practicing medicine up in Boston, who rely on Planned Parenthood for important services. I think what’s important, whenever we’re making any policy decisions, is to try to take it out of the realm of ideology, and put it back in the realm of science and public health. And the truth is, a lot of women around the country looked at Planned Parenthood as an important source of primary care services. The debate is focused a lot on a narrow spectrum of services, but the truth is, many women get their — they get basic health care and preventative care from Planned Parenthood.”

Planned Parenthood sometimes tries to lean on the argument that because it provides some services other than abortion, it is not simply an abortion business. While this might be true in a sense, it is disingenuous at most. Planned Parenthood often markets itself as an abortion business, and the number of non-abortion services it provides has declined year after year.

Statistics from Planned Parenthood's own annual reports show that the business has provided 294,493 prenatal services between 2000 and 2021. In that same time period, it also aborted six million unborn children.

The Hill further reported that Planned Parenthood gave Vivek thousands of dollars in recent years for speaking engagements. There is no indication that his pro-abortion views will have changed since the Obama administration.

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Planned Parenthood Sues to Block Ohio Telemedicine Abortion Ban

Planned Parenthood filed a lawsuit last week against a new Ohio law banning the use of telemedicine to provide abortion drugs. That law is scheduled to go into effect on April 12, but the lawsuit asks the court to issue a temporary restraining order to prevent it from being enforced.

Planned Parenthood argues that the law violates the Ohio Constitution and doesn't improve patient safety. In a press release, the Planned Parenthood Federation of America wrote, “Medication abortion [chemical abortion] is safe, effective, and a vital part of reproductive health care. Requiring that a patient see a physician in person to obtain the medication for a medication abortion does not improve patient safety, no matter what might be said by legislators who ignore science.”

Physically visiting a doctor is not simply a formality, however. It is important for a pregnant mother's safety that she sees a doctor in-person before she receives a prescription for abortion pills. When visiting a doctor, the doctor can administer an ultrasound to determine the gestational age of the unborn child and ensure that there are no pregnancy conditions that would make the abortion pill regimen unsafe. This is important because the abortion pill regimen poses serious health risks to a woman if it is used too late in the child's development. The same is true if she has a pregnancy condition, such as an ectopic pregnancy.

After the law was passed, Ohio Right to Life president Mike Gonidakis said in a press release,

“The signing of the Telemedicine Abortion Ban into law is a victory for life and for women’s safety. No woman should be subjected to a dangerous telemedicine abortion in order to pad Planned Parenthood’s pockets. Pro-Life Ohio will not let the abortion industry continue to treat vulnerable women and children as money-making opportunities. Women and children deserve to be put first. This law is a crucial step towards that end.”

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Arkansas Gov. Signs Bill to Protect Conscience Rights

Arkansas Gov. Asa Hutchinson (R)

In addition to the ultrasound law that he signed this week, Arkansas Gov. Asa Hutchinson also signed a bill last week that protects the conscience rights of pro-life healthcare workers.

On March 26, Hutchinson signed a bill that allows health care workers to refuse to participate in non-emergency treatments if those treatments violate their consciences. These protections apply to medical workers, hospitals, and insurance providers.

“I support this right of conscience so long as emergency care is exempted and conscience objection cannot be used to deny general health service to any class of people,” said Hutchinson in a statement. “Most importantly, the federal laws that prohibit discrimination on the basis of race, sex, gender, and national origin continue to apply to the delivery of health care services.”

Arkansas Surgeon General Greg Bledsoe underscored the importance of these protections:

“In short, there is a concerted effort underway to compel the entire medical sector to adopt a utilitarian secular ethical outlook that would either force pro-lifers, orthodox Catholics, etc. to violate their deepest held moral beliefs as the cost of medical licensure, or compel them — as a matter of personal conscience — to get out of medicine.”

This new Arkansas law is set to take effect later this summer.

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Secretary of State: "Sexual and Reproductive Rights are Human Rights"

U.S. Secretary of State Antony Blinken

U.S. Secretary of State Antony Blinken said on Tuesday that his department will once again judge countries on their support for abortion in its annual Country Reports on Human Rights Practices reports.

The Trump administration had removed the "reproductive rights" section from its human rights reports starting in 2017. Instead, it included a section with statistics on “coercion in population control.”

Terms such as "sexual and reproductive health" or "reproductive rights" almost always include abortion, especially when used in foreign policy discussions.

Blinken said as much when elaborated on the Biden administration's goals regarding the human rights reports and several other recent pro-abortion foreign policy decisions:

“It is one of many steps – along with revoking the Mexico City Policy, withdrawing from the Geneva Consensus Declaration, resuming support for the United Nations Population Fund – that we are taking to promote women’s health and equity at home and abroad.  Because women’s rights – including sexual and reproductive rights – are human rights.”

The Geneva Consensus Declaration was a statement signed by the U.S. and 31 other countries declaring that there is no international right to abortion.

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Arkansas Gov. Signs Law Strengthening Ultrasound Requirement

Arkansas Gov. Asa Hutchinson (R)

Arkansas Gov. Asa Hutchinson this week signed a bill that requires abortion facilities to show women the images of their unborn children.

This is notable because ultrasound right to view laws usually just require abortion facilities to offer pregnant mothers the opportunity to view an ultrasound of their children. This was the case in Arkansas before, but now clinics will be required to place the ultrasound screen within the mother's line of sight during the ultrasound. Arkansas is the sixth state to have such a requirement.

Additionally, abortion facilities will be required to describe the unborn baby's development and tell the mother how many children are shown in the ultrasound.

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