Nebraska Judge Blocks Abortion Screening Law

Cross-posted from Ms. blog.

A federal judge has blocked a new Nebraska law requiring elaborate mental health screenings and physical examinations for women seeking abortions, supposedly to ensure that they weren’t coerced and fully aware of their “risk factors.”

Judge Laurie Smith Camp granted Planned Parenthood’s request for a preliminary injunction against the law, which would have gone into effect Thursday. The law had already been signed by Gov. Dave Heineman in the spring and, if passed, would have made Nebraska the first state to require a mental-health screening before the procedure. The injunction order will prevent the state from enforcing the law until the challenging lawsuit is decided.

Though state officials say the law is intended to make sure women understand the consequences of an abortion, Planned Parenthood argues that the law would be difficult to comply with and could allow doctors to give irrelevant or misleading information to patients.

Nebraska abortion provider, Dr. LeRoy Carhart, a colleague and friend of the late Dr. George Tiller, agreed with the judge’s decision:

"It was a strong ruling. There was no other goal in mind [by the Nebraska legislature] except to make abortions harder for women, and I don’t think the law will ever see the light of day."

The mental health screening measure is one of two controversial abortion laws signed by Gov. Heineman. The other would ban abortions after the 19th week of pregnancy, based on the supposition that fetuses at this stage of development can “feel pain,” and is scheduled to become effective in October.

Photo courtesy of Fibonacci Blue under Creative Commons 3.0.

Operation Rescue Protests Carhart's Clinic in Nebraska

This past weekend, Operation Rescue put its efforts towards boycotting LeRoy Carhart's clinic in Nebraska. Check out the video below called "You can't handle the truth, " where Troy Newman continuously harasses NOW volunteers, as well as our FMF volunteers (not pictured in the video). As you will see, he tries to give NOW pro-choice supporters a sonogram from a mother who had planned on terminating her pregnancy, but instead decided to carry out the pregnancy. He actually says, "I guess there is only one kind of choice for these people, and that's to kill their baby. " REALLY. The film gave me chills; Troy Newman is horrifying.

While it seems almost counter-intuitive to show footage of Troy Newman on our blog, I wanted to show the footage to thank all of the supporters for their bravery. Getting between Troy Newman and his "truth vans" and Carhart's clinic was courageous, and I encourage their behavior.

I guess the message is: Keep fighting!!

Supporting Dr. Carhart, Trusting Women

Following the murder of Dr. George Tiller last May, anti-abortion extremists have turned their attention to Dr. LeRoy Carhart, a friend of Dr. Tiller's and an abortion provider. This past weekend, pro-choice advocates and activists turned out en masse to show their support for Dr. LeRoy Carhart at his clinic in Omaha, Nebraska.

Among the local, state and national groups that came to support Dr. Carhart this weekend (in numbers FAR larger than the anti-choice protesters) were the Feminist Majority Founadation, the National Organization for Women, the World Can't Wait, and NARAL Pro-Choice Colorado.

Individuals and organizations around the country are declaring two of the fundamental principles of modern feminism: 'trust women' and 'keep abortion SAFE and LEGAL.' Among those raising their voice is Dr. Suzanne Poppema, Board Chair for Physicians for Reproductive Choice and Health. Check out Dr. Poppema's statement below:

FMF helps abortion providers to keep clinics safe and open

Check out what Eleanor Smeal and Kathy Spillar have to say about the protection of Dr. Carhart's clinic in this Feminist Majority Foundation press release.

Feminist Majority Foundation Defends Targeted Nebraska Abortion Provider

The Feminist Majority Foundation joined pro-choice supporters nationwide in announcing their full support of Dr. Leroy Carhart and the Abortion and Contraception Clinic of Nebraska at a press conference in Omaha, Nebraska today. Pro-choice supporters from 16 states are defending the clinic. Dr. Carhart had traveled to Wichita each month to work with Dr. Tiller, who was assassinated in May.

Katherine Spillar, Executive Vice President of the Feminist Majority Foundation, joined Dr. Carhart and national pro-choice leaders including Terry O'Neill, National President of the National Organization for Women, at the Omaha press conference today. NARAL Pro-Choice America, the National Abortion Federation, and Physicians for Reproductive Choice and Health also joined in support. "Anti-abortion extremists are trying to win on the streets what they have lost at the ballot box," said Spillar. "The Feminist Majority Foundation and its thousands of supporters nationwide are determined to defend Dr. Carhart and his courageous staff to keep this clinic safe and open."

The pro-choice press conference today in Omaha was in direct response to Operation Rescue of Wichita initiating targeted demonstrations and so-called "street counseling" in Omaha and at Dr. Carhart's Bellevue clinic this weekend. Troy Newman of Operation Rescue has announced a new multi-group campaign called "Keep it Closed," which aims to ensure Dr. Carhart does not open a late abortion clinic in Wichita, any other place in Kansas, or nearby Nebraska. And Newman hoped "through the use of peaceful, legal means" that Dr. Carhart "will soon be out of the abortion business for good."

The Nebraska State Health Department has confirmed that a complaint was filed by several anti-abortion groups, including Operation Rescue, against Dr. Carhart on many of the same allegations previously used to investigate Dr. Tiller. All such complaints filed against Dr. Tiller ultimately failed.

Dr. Carhart stated emphatically at the press conference that all patients will be seen today. Wearing a "Trust Women" button, he asserted he would not be intimidated and knows he provides a vital medical service.

Katherine Spillar continued, "In this country, we must not settle political differences of opinion by what amounts to a campaign of intimidation."

"Since the election of President Barack Obama, and now even more so since the assassination of Dr. George Tiller at his church in Wichita, Kansas, threats are escalating against abortion clinics in some 14 states," said Eleanor Smeal, President of the Feminist Majority Foundation. "For example, in Colorado, Donald Hertz has just been indicted for threatening Dr. Hern and his family. The constant vilifying of reproductive health providers as murderers is not only inflammatory, but is also contrary to established medical practices that save women's lives. Worse yet, it emboldens potential assassins."

Msg from Ellie Smeal: Dr. Carhart needs your help!

Operation Rescue of Wichita, Kansas, has a new target: Dr. Leroy Carhart and his clinic in Bellevue, Nebraska.

Dr. Carhart had traveled to Wichita each month to work with Dr. Tiller, who was murdered in May. Dr. Carhart needs our help now. The situation is urgent.

Troy Newman of Operation Rescue has announced a new multi-group campaign called "Keep it Closed," which aims to make sure Dr. Carhart does not open a late abortion clinic in Wichita, any other place in Kansas, or nearby Nebraska.

And Newman hoped "through the use of peaceful, legal means" that Dr. Carhart "will soon be out of the abortion business for good." Operation Rescue is initiating targeted demonstrations and so-called "street counseling" in Omaha and at Carhart's Bellevue clinic August 28-29.

We must do all we can to keep Dr. Carhart and his staff safe and his clinic safe and open.

You can help Dr. Carhart and his embattled clinic by making an emergency, tax-deductible contribution today. Half of your contribution will go directly to Dr. Carhart's clinic to defray the increased legal and skyrocketing security costs - a new metal detector to screen everyone entering the clinic, more security cameras, and other enhanced security measures.

And the other half of your emergency contribution will support our efforts to help keep this clinic and other targeted and embattled clinics nationwide safe and open. Since Dr. Tiller's murder, hostile activities towards clinics are increasing in more than 10 states against abortion providers.

We are working closely with Dr. Carhart, his clinic staff, federal and local law enforcement, and pro-choice community volunteers to prepare for the Operation Rescue-led demonstrations.

Escalating activities targeting Dr. Carhart and his staff eerily resemble the harassment of Dr. Tiller. Operation Rescue has posted photos of Dr. Carhart on their website and has submitted a formal request to Nebraska's Attorney General to investigate Dr. Carhart on many of the same allegations previously used to investigate Dr. Tiller.

Dr. Carhart needs our help. Without clinics, there can be no choice for women. Please make a special tax-deductible emergency contribution now.

Together, we can make a difference.

For Women's Lives,

Eleanor Smeal
President

P.S. Dr. Carhart needs our help now. Keep this doctor and his staff safe and his clinic open - and help clinics nationwide.

Dr. LeRoy Carhart Vows to Teach Others

Newsweek.com is featuring an article by Sarah Kliff on Dr. LeRoy Carhart entitled, "The Abortion Evangelist." As mentioned in the full article, although Dr. Carhart is one of more than 1,800 abortion providers throughout the United States, he is one of a much smaller number of abortion providers to perform what are commonly referred to as "late abortions" (after 22-24 weeks).

It is clear, as you read the article, that the author is not overtly pro-choice (using terms such as "late term" and "pro-life"), but unlike many in the mainstream media, Sarah Kliff looks at both Dr. Carhart's medical practice and his humanity.

Here's some of what she has to say in the article:

Carhart can't pinpoint how exactly he went from reluctant visitor to controversial abortion provider, why he chose a job that attracts death threats and protesters. Part of it is stubbornness; he won't be bullied out of what he sees as a legitimate medical specialty. "Abortion is not a four-letter word," he says. "I'm proud of what I do."

But if Carhart is proud of his practice, he seems equally burdened by it. He talks about being an abortion doctor not necessarily as a career choice, but as a job he had to take since few others would. "It's like that quotation: 'If not you, who? If not now, when?' That whole thing," he says, giving a modified version of a Hillel quotation ("If I am not for myself, who will be for me? And if I am always for myself, what am I?"). He won't take long vacations because "you can't leave the women waiting, or at least don't want to." He maintains medical licenses in seven states so that if another provider is "hurt, retired, or killed," he can step in. If women need this service, Carhart reasons, who is he to say no? If he won't provide these complex and challenging abortions, who will?

The article goes on later to say...

Friends have advised Carhart to stop appearing on television, that he's only making himself more of a target. But he doesn't believe in keeping quiet, especially when it comes to abortion. "That's the last thing Tiller would want," he says. "If we give in, they win, and that's unacceptable." A wave of anti-abortion violence in the 1990s—three doctors killed in five years—coincided with a dramatic drop in providers, from 2,680 in 1985 to 1,787 in 2005. Carhart worries that if he and other doctors retreat, Tiller will have the same legacy. Besides, he says, he's already done thousands of abortions—stopping now wouldn't do much to temper the anger of those who oppose him.

Click here to read the article in its entirety, and here to watch the accompanying video.

Photo courtesy of alexandralee on flickr.com.