Friday, February 25, 2011

How did we lose the two decade fight over regulating clinics?

I am an active Democrat and a feminist and, for what it's worth, this is my take.

The Washington Post front-page article on 2/25/11 quotes Senator Dick Saslaw as saying "They slipped one through." The Democratic leadership failed to stop the legislative maneuver that was taking place. They have been accustomed to doing things the same way for so long - stopping anti-choice bills in the Senate Education and Health Committee - that they, as Saslaw said, didn't catch this, even though members of that committee include the most senior and liberal Democrats.

They simply were out-smarted. And, in my view, didn't take it seriously enough. AG Cuccinelli gave fair warning that he was deadly serious about TRAP - Targeted Regulation of Abortion Providers - when he issued an opinion on this in the summer.

Ben Tribbett has some great quotes, worth repeating:
"These amendments are draconian and patriarchal..." Sen. Mamie Locke, D-Hampton. Love that she says patriarchal.

"There has been no state to adopt this type of legislation that would force women to have a first trimester abortion in a hospital. This is unconstitutional under Roe vs. Wade and Planned Parenthood vs. Casey because it puts an undue burden on a woman who is having a first trimester abortion. They should not have to have this simple procedure in a hospital," said Sen. John Edwards, D-Roanoke.

Ben also blames the Democrats - asleep at the wheel. They knew they only had 18 votes.

The Richmond Times-Dispatch has an excellent and comprehensive report on what happened. On a broader note, the Republicans have pounded away at this issue for 20 some years. Their strategy, in VA and nationally, is chipping away. They are not relying on the Supreme Court to overturn what is left of Roe v Wade. They are chipping away at access to services and at what little funding there is; their message machine is enormous. Their allies include the very powerful US Conference of Catholic Bishops. If this matter is litigated and goes to the Supreme Court, we could lose because we will not have a strong enough case that this type of regulation poses a burden on women. Anthony Kennedy will argue as he did in the late-term abortion decision - regulation is good for women (!), women will appreciate it (because we can't take care of ourselves, presumably).

Other factors of concern:
this is a "women's issue" and unfortunately does not carry the weight of being a civil rights issue that the LGBT cause now carries.
Democrats have been willing to compromise away aspects of abortion rights - note Obama's executive order to get Catholic permission to go ahead with health care reform.

I am also angry that Cucinnelli misrepresented - or heck, lied about - Virginia NOW's position two decades ago on this issue. He actually mentioned NOW in his statement crowing about the passage of the amendment. NOW does not favor the kind of regulations that the Republicans want, which will shut down clinics.

Finally, this shows why advocacy groups are key to any fight. We can't let up the pressure and scrutiny, even of our Democratic friends.