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The Abortion Battle: Is the Pro-Choice Movement Gun-Shy?

Posted: 05/07/11 04:08 PM ET

There's no question that the anti-choice takeover of state capitols has emboldened zealots to aggressively push through as many abortion restrictions as possible. It seems like every day there's news about the hundreds of bills percolating in state legislatures across the country. Bill sponsors keep upping the ante with proposals that significantly intrude on a woman's personal medical decision to have an abortion or severely limit her ability to get one. And for many pro-choice supporters, the future for abortion rights seems bleak.

Media pundits are stoking the anxiety by painting pro-choice litigators as gun shy. Slate's Dahlia Lithwick recently wrote a piece suggesting that the pro-choice movement won't challenge the new abortion restrictions for fear of losing in the Supreme Court. She writes that the Court's 2007 decision to uphold the so-called "partial birth" abortion act has "frightened those who are pro-abortion rights into being grateful for what they have." She then asks, "Do supporters of reproductive freedom really want to cede all this actual legislative ground for concern over a judicial hypothetical?" Rachel Maddow also aired a segment that delivered a similar message, concluding that so many of the anti-abortion bills that are blatantly unconstitutional have gone unchallenged because the pro-choice movement has "apparently so far made the calculated decision to let it slide" in order to protect Roe v. Wade from being overturned.

Nothing could be further from the truth. We filed a host of new lawsuits last year and will do so again before the state legislative year is up. And the robust fight being waged happens long before we get to court. Throughout the sessions, the Center for Reproductive Rights and fellow advocates work tirelessly to beat back bills as soon as they are introduced, so many never see the light of day. Just this month, the Georgia legislature adjourned without passing a single piece of anti-choice legislation, despite the fact that several extreme measures were proposed and considered. While Georgia's adjournment was an important milestone, many other legislatures remain in session. Bills are still being introduced, debated, and amended. We are fighting hard so that we don't have to go to court. But go to court we will when necessary.

While the number of anti-choice bills we are tracking this year is similar in number to past years -- about 600 -- they are some of the most extreme that we've seen in decades and are passing at a faster rate than in the past. These bills support the anti-choice movement's dual strategies: incrementally restricting women's access to abortion until it's virtually unavailable, and passing laws that flatly violate Roe v. Wade in hopes that a challenge to such a law will get to the Supreme Court, allowing the justices to rethink and overturn that historic 1973 decision.

So we're now in the midst of preparing lawsuits to challenge this new wave of unconstitutional abortion restrictions that may pass and take effect later in the year. Our track record for success is strong. Even in recent years, state and federal courts have declared many abortion restrictions unconstitutional and blocked their enforcement. For example, Slate's Lithwick specifically mentions the emergence of a new trend in ultrasound bills, which require women to view the sonogram image and listen to a verbal description of the image before getting an abortion. While several states are considering these ultrasound bills, only one state has enacted such a measure -- Oklahoma. And the Center for Reproductive Rights challenged that law immediately and got a state court to temporarily block it pending a final determination in the case.

Like any other movement, we make strategic decisions about when, and with what tools to fight for fairness and equality. We don't jump just because the anti-choice zealots say jump. We won't be baited into a lawsuit. If a state passes a law that impairs women's access to abortion services, and that fails to meet constitutional standards, it will be challenged -- when the circumstances and timing are right. To the extent that states have unconstitutional, and unchallenged, abortion laws on their books, it is because those strategic criteria have not yet been met. That has nothing to do with giving up the fight. It has everything to do with ensuring that we devote our resources to the strategies and goals that best serve women's health and rights in the long run.

 
 
 
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HUFFPOST SUPER USER
odyssey58
01:45 PM on 05/09/2011
Does a fetus have a soul? When does it get a soul? What happens to the soul if the fetus is aborted?

What if the soul goes to heaven or gets a chance to be born in a baby who is wanted?
What if forcing a soul to be born where it isn't wanted or where there are physical problems (e.g. drug or alcohol abuse in mother) means that a child could live a life of misery instead of getting a chance to be born in a better situation?
If we don't have definitive answers to these questions how can we say that not having an abortion is always better than having one?
And if you are using your religious beliefs to answer these questions do you have a right to insist that everyone else live their lives and make intimate, life changing personal choices based on your beliefs?
If you want others to live according to your religious beliefs is it because your care about babies or is is because you are worried about your own soul?
HUFFPOST SUPER USER
LesleyAnne
01:40 PM on 05/09/2011
The best defense of women's rights, or workers' or voters' for that matter, is to oust the newly elected RepubliTeas from state offices. We don't want the right wing agenda shoved down our throats. Where's the freedom in that? They feel they were elected through God's grace to do his work and then they tout the Constitution at the same time. Stop giving them a forum. The U.S. constitution is not part of the 10 Commandments and religious agendas do not belong in state or national policy decisions.
12:22 PM on 05/09/2011
Every legal scholar I ever met, pro-choice or pro-life, believes that Roe v. Wade was a terrible legal decision that cannot be justified by any reasonable reading of the U.S. Constitution.
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Uncle Bob
Darwin loves you.
12:46 PM on 05/09/2011
so pregnant women don't deserve any privacy? Interesting.
03:31 PM on 05/09/2011
Your comment is a non-sequitur.
03:24 PM on 05/09/2011
and you met exactly zero "legal scholars" I assume?
04:34 PM on 05/09/2011
Of course not. Were you trying to be funny or clever?
HUFFPOST SUPER USER
Arion
10:56 AM on 05/09/2011
Thank goodness someone has her shoulder to the well. More power to you, Northrup and co. What endlessly puzzles me in the seeming decision by right thinking people not to challenge "pro life" drivel in the media. The women's movement seems content to merely restate it's own case, rather than actively confront pro live rhetoric. I think this is a tactical mistake. .
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Barbara DeZan
Knowledge is Power
10:30 AM on 05/10/2011
There is no need to throw ourselves into a panic over this issue. Roe v Wade is a done deal. We who are pro-choice have Lawyers, Federal courts, Supreme Court, the ACLU and the Constitution in our team....they are doing a fine job.....
02:34 AM on 05/09/2011
Here is the rest of the quote:
“What constitutes a good reason? Since a human fetus has intrinsic and infinite human value, the only good reason for an abortion would be the violation or deprivation of or the threat to the woman’s right to choose what will or will not happen to her body. Social, educational, financial, and personal considerations alone do not outweigh the value of the life that is in the fetus. These considerations by themselves may properly lead to the decision to place the baby for adoption after its birth, but not to end its existence in utero.

“The woman’s right to choose what will or will not happen to her body is obviously violated by rape or incest. When conception results in such a case, the woman has the moral as well as the legal right to an abortion because the condition of pregnancy is the result of someone else’s irresponsibility, not hers. She does not have to take responsibility for it. To force her by law to carry the fetus to term would be a further violation of her right. She also has the right to refuse an abortion. This would give her the right to the fetus and also the responsibility for it. She could later relinquish this right and this responsibility through the process of placing the baby for adoption after it is born. Whichever way is a responsible choice.â€
02:33 AM on 05/09/2011
“Every woman has, within the limits of nature, the right to choose what will or will not happen to her body. Every woman has, at the same time, the responsibility for the way she uses her body. If by her choice she behaves in such a way that a human fetus is conceived, she has not only the right to but also the responsibility for that fetus. If it is an unwanted pregnancy, she is not justified in ending it with the claim that it interferes with her right to choose. She herself chose what would happen to her body by risking pregnancy. She had her choice. If she has no better reason, her conscience should tell her that abortion would be a highly irresponsible choice.
From the talk :
Weightier Matters By Elder Dallin H. Oaks

Of the Quorum of the Twelve Apostles

--------------------------------------------------------------------------------
HUFFPOST SUPER USER
lizt
former Army officer/lifelong liberal/pdx biker
06:57 PM on 05/09/2011
Keep your religious beliefs out of my uterus.
10:35 PM on 05/09/2011
x2
04:22 AM on 05/10/2011
They are not in your uterus.
02:30 AM on 05/09/2011
To be for abortion is not really pro-choice. It's to escape the consequences of one's choice.
10:24 AM on 05/09/2011
No, Pro-choice is just what it says. Choice. Just because a woman has access to abortion services does not automatically mean she will choose one. Most people who are Pro-choice would rather that choice need not be made, but its the denial of that choice that we have an issue with.

Of the few people I know who has had an abortion (or contemplated one, that did not involve a medical need) got pregnant while using some form of birth control. All but one, were married and had other children as well. No BC is 100%. When and how many children a woman has should be up to her (and applicable family), not the general public.
12:18 PM on 05/09/2011
Precisely, Idahogal8.

The pro-abortion rights folks invariably retreat to the their rape/incest/life-threatening pregnancy meme, but the vast majority of abortions in the U.S. are simply "birth control after the fact." Everyone knows this.
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Uncle Bob
Darwin loves you.
12:47 PM on 05/09/2011
No one is "pro-abortion".
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
06:16 PM on 05/08/2011
Just wait until one of the proponents of this legislation has a daughter who gets an unwanted pregnancy and you'll see them flipflop on their position.
07:31 PM on 05/08/2011
No, they won't. Their position has nothing to do with what happens in their personal lives, their daughters, wives, girlfriends, mistresses and secretaries will be still be guaranteed access to whatever procedures they feel will make their lives more comfortable. They will not own up to the wrongheadedness and basic immorality or utter hypocrisy of their actions.

They will keep bleating on in emotional, hysterical, bigoted, judgmental and factually challenged terms no matter what.
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
08:33 PM on 05/09/2011
It still goes to the whole do-as-I-say-not-as-I-do The System Is Perfect So Long As It's Not Targeting Me mentality the gops have.  Notice how their demands that Due Process be replaced with Judge Dredd-style street justice disappeared when the Abu Ghraib photos came out?  Or how suddenly Da Guv'Mint coming in to help people stopped being socialism and therefore evil in the wake of the wildfires in Texas and the tornadoes in Alabama?  Or how out-of-wedlock teen pregnancy was perfectly acceptable for Bristol Palin?
04:16 PM on 05/08/2011
Do you oppose abortion? Do you think it is morally wrong? Okay. Let's think about this for a minute.

How wrong is it? Some of you say it's equivalent to murder. And yet a significant portion of people who oppose abortion will make allowances for in the case of rape or incest or threat to the mother's health. Clearly, to those people, abortion isn't quite equivalent to murder--we all agree that it's ridiculous to say that you can legally murder a non-fetus (i.e. a child, I shouldn't have to say "born child," that should be redundant) as long as you can prove its father is a rapist and its presence in the world presents a hurtful emotional disturbance to the child's mother.

And yet more than half of the American public holds this view.

I hear people saying, "Abortion is wrong. Abortion is murder." Well, murder is defined as "unlawful killing," so technically abortion isn't murder, but I understand: they're saying that abortion SHOULD BE murder. It should be outlawed. Presumably if it is outlawed then there would be criminal penalties for seeking or getting an abortion, then.

So I ask: what's the appropriate penalty? How many years in prison? I have asked this many times and gotten few coherent responses, aside from "the death penalty." Against abortion? Please share your opinion on this subject, the world needs to know.
HUFFPOST SUPER USER
lizt
former Army officer/lifelong liberal/pdx biker
10:28 AM on 05/08/2011
On this Mother's Day, it would be nice if the GOP remembered they have mothers and gave us back our uteruses.
03:37 PM on 05/09/2011
This is certainly one of the most incoherent posts I've ever read on Huffington Post.
HUFFPOST SUPER USER
lizt
former Army officer/lifelong liberal/pdx biker
01:15 AM on 05/10/2011
You are either being deliberately obtuse or you don't understand why people always speak really, really slowly to you. I'm guessing you don't understand what the word "incoherent" means if that seems incoherent to you.
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Barbara DeZan
Knowledge is Power
10:40 AM on 05/10/2011
Really?

Guess you aren't old enough to remember the fight for Women's Rights in the 70's-80's, huh? You have no idea how hard it was to claim equality, to insist on being a whole person, not an extension of our fathers or husbnds. Thanks to we oldsters, you are able to hold down a job wiithout risk of being fired because some man wants your job. You can also get credit on your own, buy a car or home on your own, divorce when you wish. You get to make your own medical decisions without asking permission from your father, husband first.

You can run for office on your own, can be President if you wish and are elected....

You are NOT prevented from "climbing the career ladder" just because you are female.

I think you may want to hit the books again. You apparently missed all that "Civil Rights, Women's Rights, Voter's Rights" thingie...

It was we oldster, YOUR mothers and grandmothers who have put you where you are today....and who have handed to you the rights to your own person, your own body, without asking permission first.

It was hard won. And, if you lose it, it will be your own fault.
07:38 PM on 05/09/2011
No worries. Legal abortion on-demand is not going anywhere. You will still be legally able to have as many abortions as you wish, no matter what the antichoicers attempt to do.

I understand that some clinics give you a card, whereby if you get four abortions, the fifth is free.
HUFFPOST SUPER USER
lizt
former Army officer/lifelong liberal/pdx biker
01:16 AM on 05/10/2011
No, you get a free pony.
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Barbara DeZan
Knowledge is Power
10:41 AM on 05/10/2011
Hmmmm...interesting response from a human who has no uterus, never did.

Scary, isn't it? That we who have one get to decide what we wish to do with it.
04:53 AM on 05/08/2011
Some one wants an abortion that is thier choice. I do not agree but that is my choice. I do not want to pay for your choice so if you want an abortion that is fine. But pay for it yourself. I agree with freedom of choice so all the people that do not want abortions should not have to pay for other peoples choices. You want an abortion pay for it, do not ask the government to use my tax dollars for it.
HUFFPOST SUPER USER
lizt
former Army officer/lifelong liberal/pdx biker
10:30 AM on 05/08/2011
But don't allow the government to then make it so difficult to cover what is a legal medical procedure. Don't allow them to ban insurance companies from even covering it. Also, a lot of people are against the killing that goes on in wars. Are you going to allow them to opt out of using tax dollars for war?
apiazza
There is no such thing as a fiscal conservative.
11:31 AM on 05/08/2011
The federal government hasn't paid for abortions in the 30 years that the Hyde Amendment has been in force. So all you are doing is grandstanding a point that was decided in the 80's.
06:14 PM on 05/08/2011
DC pays for abortions.

PS. The Hyde Amendment has to be renewed EVERY YEAR.
07:39 PM on 05/08/2011
1976 :-)
HSC55
We will be known forever by the tracks we leave
02:34 AM on 05/08/2011
I read an interesting book called Freakonomics. In it, they prove by statistics that abortion lowers the crime rate. Since unwanted children grow up into disturbed adults and commit the most crimes, allowing woman who feel unprepared to raise a child to get an abortion actually lowers the crime rate 16 years later. So be prepared for a huge increase in the murder rate in 16 years after all these anti-abortion bills pass. Then you can push for the death penalty again.
06:20 AM on 05/08/2011
As far as Freakonomics goes, "The book has been described as melding pop culture with economics[1], but has also been decried as "amateur sociology".[2]" I hardly think it PROVES anything.
http://en.wikipedia.org/wiki/Freakonomics
HSC55
We will be known forever by the tracks we leave
08:27 AM on 05/08/2011
I thought it was an interesting book. It has more persuasvie mathematical explanations for human behavior than the notion that punishing woman for getting pregnant is going to stop them from having s**, a natural urge. Maybe if we put the same burden on the men who get them pregnant it would control unwanted pregnancies more. Afterall, we have DNA testing now that would prove paternity. Why should I pay or the govt pay for all these children of poor, unmarried woman out there. Let the fathers pick up the tab. They play then they need to pay, too.
apiazza
There is no such thing as a fiscal conservative.
11:32 AM on 05/08/2011
It's interesting...the GOP doesn't believe science when it comes to evolution and global warming. Go figure...
12:58 PM on 05/09/2011
While these stats might be true or reflect a reality of the world - it is hard to think about this logic without being skeeved out by its racist and classist undertones.
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
08:36 PM on 05/09/2011
They cited Romania as a prime example.  Prior to the Commie takeover abortion was legal there, but Ceaucescu was pro-life and banned it...and their crime rate went ballistic as a result.
10:50 PM on 05/07/2011
I dont feel abortion should be legal---just wrong---why protect animals peta and the like--and no a child in its third trimester?
12:23 AM on 05/08/2011
"Today in the U.S., 91% of all abortions occur within the first 12 weeks of pregnancy, 98% within 15 weeks, and 99.9% within 27 weeks. (Alan Guttmacher Institute) "
http://home.earthlink.net/~davidlperry/abortion.htm

If you feel abortion is just wrong, don't have one..
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George Hanshaw
There are none so blind as those who will not see.
12:33 AM on 05/08/2011
"If you feel abortion is just wrong, don't have one.. "

So if I feel rape is wrong, I shouldn't object to it - as long as I'm not personally being raped?

Does that make sense to you?

It shouldn't - any more than your statement makes sense.

Should I not object to slavery - unless I'm enslaved?
01:51 AM on 05/08/2011
I agree let the woman choose
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HUFFPOST PUNDIT
BlackJAC
It's better to be a black king than a white knight
08:37 PM on 05/09/2011
Said the political wing that won't allow condoms.
06:52 PM on 05/07/2011
Are blind women exempt? Does this violate the ADA?
07:41 PM on 05/09/2011
Thanks for the laugh amidst all this sanctimoniousness!
HUFFPOST SUPER USER
odyssey58
04:46 PM on 05/07/2011
Why isn't religious freedom brought into the abortion debate? Those who oppose abortion do so because of their religious beliefs. I can't think of anything more unAmerican than expecting people to make intimate, life altering decisions based on someone else's religious beliefs.
Let's start calling the debate what it really is. It's not about babies and it's not pro life. It's about wanting to turn the United States of America into a CONservative christian nation by any means possible. It's a debate about religion.
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04:56 PM on 05/07/2011
It drives me crazy that this point is never brought up!
HUFFPOST SUPER USER
Kara Kramer
05:04 PM on 05/07/2011
It isn't really. The bible doesn't equate a fetus with a woman. It is made ABUNDANTLY clear that the rights of a woman supercede the contents of her womb.
This idea that abortion is murder is, rather like the burka, a dogma created in order to control women.
Personally I believe it's time that women made their stance outside the Capitol in a literal version of the metaphorical chains that the republicans want to put us in.
apiazza
There is no such thing as a fiscal conservative.
11:32 AM on 05/08/2011
That makes total sense to people who aren't whacked out on religion.