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How pro-life advocates have waged a successful campaign to enact state laws regulating and limiting the availability of abortion services.

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00:00Judge Roberts, I do not intend to ask you whether you will overrule Roe vs. Wade.
00:19I will ask questions about precedents as they bear on Roe vs. Wade.
00:24As a new Supreme Court takes shape, the fate of Roe vs. Wade has drawn headlines once
00:31again.
00:32Why do we want a choice?
00:33But for the last decade, the Senate comes to order, a different abortion battle has been
00:38raging.
00:39We've had 20 states pass 27 bills that directly restrict abortion access.
00:44Tonight, Frontline examines the abortion wars.
00:48Women are being hurt.
00:49Women are suffering.
00:50And no one's speaking out.
00:52Being waged in states throughout the country.
00:54There is only one abortion clinic left in Mississippi.
00:59And we are hoping that that won't be here long.
01:01I love you, Mama.
01:02Please let me live.
01:03I want to see your face, Mama.
01:04I want to hear...
01:05I want to see your face, Mama.
01:06I want to hear...
01:07I want to see your face, Mama.
01:08I want to hear...
01:09I want to hear...
01:10I want to hear...
01:11I want to hear...
01:12Jonathan says,
01:16''The念下ee in Vegas who was born.
01:21Thanks to the Lord, our God and King, you sing
01:29His love endures forever
01:32For He is the music of our face
01:38His love endures forever
01:42Sing praise, sing praise
01:47On a hot July day in Jackson, Mississippi, over a hundred pro-life activists have gathered outside the city's abortion clinic.
02:02For He is the music of our face
02:06His love endures forever
02:10Sing praise
02:10The rally was organized by Pro-Life Mississippi, the most powerful right-to-life group in the state.
02:17One of our slogans for Pro-Life Mississippi is to make Mississippi the first abortion-free state in the nation.
02:26Terry Herring is the group's president.
02:29Since Pro-Life Mississippi was founded more than a decade ago,
02:33they've helped close down five abortion clinics across the state.
02:38Years ago, the group moved their offices to this building in Jackson, right next door to an abortion clinic.
02:44Last year, that clinic closed its doors for good.
02:52People have persistently and continually said that we do not want abortion in Mississippi.
03:03Herring's group has now focused their efforts on this clinic,
03:06the Jackson Women's Health Organization.
03:10The site of today's rally and protests every single day that it's open.
03:15It is the last abortion clinic in the entire state of Mississippi.
03:22People are faithful to be there when the doors are open,
03:25and it makes it very uncomfortable.
03:27And I think it should be uncomfortable to go in some place and kill your unborn baby.
03:33He wills every battle, say, he wills every battle.
03:37With their success in Mississippi,
03:40Herring and her group are seen as leaders in the Pro-Life movement.
03:44And their tactics reflect a dramatic change in that movement's strategy.
03:48During the 1980s and early 90s,
03:53the Pro-Life movement became known for the actions of extreme groups
03:57who firebombed clinics,
04:00held violent protests,
04:07harassed, and in some cases even killed doctors who performed abortions.
04:12While a few extremists still pursue these tactics,
04:17Herring's group in Mississippi distances itself from them.
04:22The Pro-Life movement has been perceived as being very radical.
04:27I think it did alienate people,
04:29and so I think we've had to backtrack from there and say,
04:31you know, we've got to do a lot more educating,
04:34we've got to do a lot more lobbying,
04:37we've got to do this legally the best way that we can.
04:40And that's exactly what Herring has done.
04:45Far from the sidewalk battles at abortion clinics,
04:48Herring wields her most effective power in the halls of the state capitol.
04:52She's considered the most powerful pro-life lobbyist in the state.
04:59Individuals such as Terry Herring and others across our state
05:02help to energize members of the legislature.
05:05It is extremely helpful and enlightening
05:08to have information from people who believe very strongly
05:11in the pro-life issues.
05:13Senator Tollison, you are recognized.
05:14Thank you, Madam President.
05:15Amy Tuck is the Lieutenant Governor of Mississippi
05:18and is a strong pro-life advocate.
05:21And ask the clerk read the title.
05:22Last year, Mississippi enacted more pro-life legislation
05:26than any other state in the country.
05:29It's passed overwhelmingly,
05:31and it's bipartisan support.
05:32It's Democrats and Republicans.
05:35It's the House of Representatives and the Senate.
05:38Senate stands in recess.
05:40Subject to call of the chair.
05:41Mississippi is truly a pro-life state.
05:44Thank you, Canada.
05:46Praise God.
05:48We thank you, Lord, that this clinic is closed down,
05:51that the last remaining abortion clinic in Mississippi
05:54cannot stand before the living God.
05:57Mississippi's success in regulating abortion
06:00has put them at the forefront
06:02of the latest battleground in the abortion wars.
06:05And we just thank you, Father, for blessing our efforts.
06:07This is the story of that battleground.
06:11And it begins 33 years ago,
06:15far from Mississippi,
06:17in the halls of the Supreme Court,
06:19with the landmark decision Roe v. Wade.
06:21One of the very, very biggest fights
06:25in abortion politics for 40 years
06:27has been what kind of deference
06:29do we give to local standards?
06:31That's what Roe v. Wade was about.
06:33Roe v. Wade wasn't about
06:34whether abortion is right or wrong.
06:36Roe v. Wade was about
06:37whether states were going to be allowed
06:38to write their own abortion laws or not.
06:41And in that decision,
06:43the court spoke clearly.
06:45Calling abortion a fundamental right,
06:48they imposed severe limitations
06:50on any state's ability to restrict it.
06:53Roe v. Wade said that
06:55states are not free
06:57to restrict abortion
06:58or impede a woman's ability
07:00to get an abortion
07:01in the first trimester.
07:04Catherine Colbert is a leading lawyer
07:06in the pro-choice movement.
07:08In the second trimester,
07:09states could restrict abortion,
07:12but they have to do so in a way
07:13that's really furthering women's health.
07:16They can't just willy-nilly
07:19enact restrictions
07:20that are intended
07:21to discourage her decision.
07:23And in the last trimester,
07:25that is, past the point of viability,
07:27states could ban abortion
07:29as long as there was an exception
07:31for the woman's life or health.
07:34From almost day one,
07:36after Roe was decided
07:37by the Supreme Court,
07:39legislators who opposed abortion
07:40came in and tried
07:42to pass restrictions.
07:43For nearly two decades,
07:47lawyers like Colbert
07:48were largely successful
07:49in overturning those restrictions.
07:52But in 1989,
07:54a Supreme Court decision
07:55known as Webster
07:56gave the pro-life movement
07:58a boost
07:58when four justices indicated
08:00they were ready to consider
08:02overturning Roe v. Wade.
08:03What Webster did
08:07is it emboldened those
08:09who wanted to push the question.
08:11And it said to them,
08:12OK, it's all right.
08:14There's four votes here
08:15on this court
08:16to overrule Roe.
08:17We can pass bans on abortion.
08:19Let's do that
08:20and get the question
08:22directly before the court.
08:25Among those emboldened
08:27to push the question
08:28was this man,
08:29former Pennsylvania state senator
08:31and longtime nemesis
08:33of the pro-choice movement,
08:34Stephen Friend.
08:37I'm not trying to make myself
08:38more important than I am,
08:39but whenever I ran,
08:41my races were followed nationally.
08:43I was the number one
08:44national target in 1990
08:46of the National Abortion Rights Action League,
08:48which, incidentally,
08:48I consider a very great honor.
08:51To the surprise
08:52of absolutely no one,
08:53the purpose of this news conference
08:56is to unveil
08:56the Abortion Control Act of 1989.
09:00Pennsylvania's
09:00Abortion Control Act of 1989
09:02challenged Roe directly,
09:05calling for restrictions
09:06on abortion
09:07during the first trimester.
09:08There are five major goals
09:10to the legislation.
09:12Among the restrictions
09:13was what's known
09:14as an informed consent law,
09:16which required a woman
09:17seeking an abortion
09:18to receive state-mandated information
09:20from her abortion provider,
09:22and then wait at least 24 hours
09:24before receiving the procedure.
09:26Legislation like this
09:29is a vehicle
09:30for a court
09:31to have the opportunity
09:33to overturn Roe v. Wade.
09:35If God himself
09:37came down
09:37to the nine justices
09:39and explained to them
09:40the error of their ways,
09:41and they were now
09:42100% against Roe v. Wade,
09:45100% pro-life,
09:46they couldn't do anything
09:48to change it
09:48until there were
09:49an appropriate case
09:50or controversy
09:51dealing with the abortion issue
09:53before that.
09:53By January 1992,
10:01Friend's Law
10:02had given the court
10:03such a case.
10:04I am Catherine Colbert.
10:06I am an attorney
10:07with the American Civil Liberties Union's
10:09Reproductive Freedom Project.
10:11Planned Parenthood,
10:12with Colbert as their lawyer,
10:13had challenged the law
10:15all the way
10:15to the Supreme Court.
10:16It is our view
10:17that the question
10:19before the court
10:20is whether or not
10:21Roe v. Wade
10:22remains the law
10:23of the land.
10:24The case would be known
10:25as Casey,
10:26named after the Pennsylvania
10:27governor who had signed
10:29Friend's Bill into law.
10:30Whether all women
10:31in this nation
10:32have a fundamental right
10:34to choose abortion.
10:35For all love,
10:36your name's a lie,
10:37you don't care
10:38when you die.
10:39The hype back and forth
10:40was could this be it?
10:42Could this be the ballgame?
10:43We're now on the verge
10:46of total victory,
10:47aren't we?
10:50And it may well be
10:52the Pennsylvania
10:53Abortion Control Act
10:54that puts Roe v. Wade
10:56where it belongs
10:57and that's in the trash can.
10:59We were ready.
11:01We had the bill
11:02almost completely drafted
11:03to be the first state
11:05in the union
11:05to not limit or restrict
11:07but to end the nightmare
11:08once in parole
11:09and at law abortion.
11:10It would have passed.
11:11We were pretty clear
11:17that there were five votes
11:18on the Supreme Court
11:19to overrule Roe.
11:21I was shocked
11:23at what happened.
11:28The ruling was decided
11:30by a five to four vote
11:31and neither side had won.
11:34The joint opinion,
11:36delivered by Justices
11:37O'Connor, Souter,
11:38and Kennedy,
11:39crafted a middle position.
11:40They upheld Roe
11:42but changed the standard
11:44by which abortion laws
11:45would be judged.
11:48Rejecting what they called
11:49Roe's rigid trimester framework,
11:52they established instead
11:53the Undue Burden Standard.
11:56A law would be invalid,
11:58they declared,
11:59if it placed substantial obstacles
12:01in the path
12:02of a woman seeking an abortion.
12:04In the scheme of what could
12:07have happened,
12:08this was a tremendous victory.
12:11We thought that the Supreme Court
12:13was ready to totally eliminate
12:15protection from abortion.
12:17So we won
12:19in the sense that
12:19that didn't happen.
12:20But what had happened
12:30would dramatically change
12:32the landscape
12:32of abortion politics.
12:35People got the impression
12:36that abortion was safe,
12:38Roe v. Wade was safe,
12:39all the pro-choice people
12:40went home.
12:42But what happened
12:42is pro-lifers
12:44started to pass legislation
12:45to test
12:46what exactly
12:47is an undue burden.
12:49Let's pass this bill.
12:50Is that undue?
12:50Let's pass that bill.
12:51Is that undue?
12:52And let's see
12:52where the courts
12:53draw the line.
12:58Hello,
12:59Americans United for Life.
13:01Americans United for Life
13:02is the oldest
13:04national pro-life group
13:05in the country.
13:06Richter was arguing
13:07on behalf of the state
13:08version of the Hyde Amendment.
13:09Headquartered in Chicago,
13:11AUL is a group
13:12made up primarily
13:13of lawyers.
13:15Their motto is
13:16changing law
13:17to protect human life
13:18state by state.
13:22Peter Samuelson
13:23is the group's president.
13:27We're always looking
13:27for new ideas
13:28that fit within the space
13:29that Casey said
13:30you can regulate abortion.
13:33We'll give advice
13:34as pro-lifers
13:35who have thought
13:35through these issues
13:36as to perhaps
13:37the ideal type of law
13:38that we would like to see
13:40that remains constitutional.
13:42AUL is very incremental.
13:43We want to see
13:43a law go into effect.
13:44We're not trying
13:46to get everything
13:46at once.
13:47We think we'd like
13:48to do what is possible
13:49and what the public
13:49will support.
13:52When we find those ideas,
13:54we take them out
13:55to legislators
13:56and we take them out
13:57to allied groups
13:57that we've worked with
13:58over the last several decades.
14:00In most states,
14:00we have a variety
14:01of relationships,
14:02three, four,
14:02half a dozen relationships
14:03of legislators
14:04and allied advocates
14:06who have been working
14:06on these issues
14:07year in, year out.
14:08And we'll start engaging
14:09in a conversation
14:10with them.
14:12In the months
14:13after Casey,
14:14one of AUL's
14:15first stops
14:15was the Mississippi
14:17State Legislature.
14:19The Casey decision
14:20opened the door
14:21for us
14:22to begin
14:23to figure out,
14:24okay,
14:24what can we do
14:25as Mississippians
14:26to reflect
14:28our values
14:29in our state laws?
14:32Alan Nunley
14:33is a senior
14:34state senator
14:34and chairs
14:35the Public Health
14:36and Welfare Committee.
14:37Working with AUL,
14:40he drafted
14:41an informed consent
14:42requirement
14:43that went even further
14:44than the one
14:45in Friends Pennsylvania law.
14:47We required
14:48the informed consent
14:49to be doctor
14:51to patient
14:51face to face
14:53to include
14:55a booklet
14:56of color pictures
14:57showing pictures
14:59involving fetal development
15:01and requiring
15:01the doctor
15:02to point out
15:03to this woman,
15:04okay,
15:04this is where
15:05your child fits
15:06into the spectrum
15:08of pictures.
15:10Also,
15:11the woman
15:11had to be informed
15:12of the risk
15:13and the dangers
15:14associated
15:14with the abortion procedure.
15:16The Senate
15:17comes to order
15:17if you would come
15:19to the Senate chamber.
15:20In the years
15:20since Casey,
15:22Mississippi
15:22has enacted
15:2310 laws
15:24regulating abortion,
15:26including one
15:27of the strictest
15:28parental consent laws
15:29in the nation.
15:30It requires
15:31both parents'
15:32permission
15:32before a minor
15:33can have an abortion.
15:34The eyes
15:36have it.
15:37Senate stands
15:37in recess
15:38until 2.
15:40Their tactics
15:40changed.
15:42They began
15:43to see
15:43we have
15:44political clout
15:45now.
15:46And so
15:46while we have
15:47this power,
15:48we're going
15:49to chip away
15:50at Roe
15:51versus Wade
15:52until
15:54the law
15:55is going
15:56to be
15:56on the books,
15:57but nobody
15:58will be able
15:59to access
15:59the service.
16:00Betty Thompson
16:02is the former
16:03director
16:03of the Jackson
16:04Women's Health
16:05Organization,
16:06Mississippi's
16:06last remaining
16:07abortion clinic.
16:09She now consults
16:10for the clinic
16:10part-time.
16:13Women are having
16:14the same type
16:15of obstacles
16:16placed before them
16:18in trying to
16:19access an abortion
16:21if they need one
16:22or if they choose
16:23to have one
16:24as they did
16:25before Roe
16:26versus Wade.
16:27Thompson says
16:33the problems
16:33with Mississippi's
16:34strict abortion
16:35regulations
16:36are compounded
16:37by a lack
16:38of access
16:38to abortion
16:39providers
16:40in the state.
16:42When we became
16:43the only
16:44abortion providers
16:45in the state,
16:46it was a heavy
16:47blow to women
16:49in Mississippi.
16:50I love you,
16:51Mama.
16:51Please let me live.
16:53I want to see
16:54your face,
16:55Mama.
16:55Please let me live.
16:57We're the only
16:58clinic there.
16:59It's going to hurt,
17:00Mama.
17:00It's going to hurt.
17:02So it's either
17:03go to Jackson
17:04Women's Health
17:04or go out
17:06of the state.
17:09The Jackson
17:10Clinic declined
17:11Frontline's request
17:13to film
17:13inside the facility.
17:17Instead,
17:18we traveled
17:18across the
17:19Mississippi border,
17:20as 60% of women
17:22seeking abortions
17:23in Mississippi
17:23now do,
17:25to a clinic
17:25in a neighboring
17:26state.
17:28Because of
17:28security concerns
17:29and as a condition
17:31of our filming,
17:32we agreed not
17:33to identify
17:33the location
17:34of the clinic,
17:35its name,
17:36or the names
17:37of the people
17:37who work there.
17:43This clinic
17:44has been open
17:44for over two decades.
17:46Good morning.
17:47How's it going so far?
17:49Its owner started it
17:50in the years
17:51after Roe
17:52when access
17:52to abortion
17:53was virtually
17:54non-existent
17:55in the South.
17:5514 doc sessions,
17:57one Mifeprex schedule.
17:58As abortion providers,
18:00particularly in the
18:00Deep South,
18:01we feel very,
18:02very isolated.
18:03One of the most
18:04difficult things
18:05about providing care
18:06out in the hinterland
18:09is that it does seem
18:10that people are very
18:11unaware of what's going
18:12on and how women
18:14are suffering.
18:16With clinics closing
18:17throughout the South,
18:19this one sees women
18:20from all over the region.
18:21The clinic serves women
18:25from approximately
18:26a 200-mile radius.
18:28Because Mississippi
18:29is so restrictive,
18:31because there's only
18:31one clinic left,
18:33we do see women
18:34traveling from Mississippi.
18:39The clinic only offers
18:41abortions three days a week.
18:43Their schedule
18:43is always full,
18:45but they can't find
18:46enough doctors
18:46willing to perform
18:47the procedure.
18:50One of the problems
18:51is that so few doctors
18:52are trained,
18:53it's not considered
18:54a part of standard
18:55medical care.
18:56I'm going to get you
18:57to lay on back
18:58and get you
18:59as comfortable as possible.
19:00Okay.
19:01And there is such
19:03a level of harassment
19:04and discrimination
19:05around doctors
19:06providing abortion care
19:08that it makes it
19:09really difficult
19:10to find physicians
19:11that are brave enough
19:12and willing to provide care.
19:17Okay.
19:18First of all,
19:19you know that basically
19:20you can have the baby
19:22and put it up
19:24for adoption.
19:25Every day,
19:26the clinic receives
19:27hundreds of calls
19:28from women inquiring
19:29about the procedure.
19:30I think that probably
19:31you were thinking
19:32about emergency contraception,
19:33but that doesn't work
19:35for you if you're
19:36already pregnant.
19:37Okay.
19:38What religion are you?
19:39What's your denomination?
19:42Okay.
19:43And does your church
19:44have strong opinions
19:45against abortion?
19:47Some?
19:48A little?
19:50I agree.
19:51I think you should pray.
19:52Tracy?
19:53You'll come in here with me.
19:56I just want you
19:56to know this,
19:57that terminating the pregnancy
19:59requires strength
20:00and courage, okay?
20:02And that's something
20:03that you need
20:04to give some thought to.
20:05If you decide
20:06that this is
20:07the right decision
20:08for you
20:09and your family,
20:10it sounds like
20:11it is going to require
20:12strength and courage
20:13on your part, okay?
20:16How are you?
20:17Okay.
20:17Assuming you'd rather
20:19be anywhere
20:19back here right now.
20:21Tracy is 27 years old
20:24and has come here today
20:25seeking an abortion.
20:26When did you find out
20:27about the pregnancy?
20:28I found out
20:29about three weeks ago.
20:30Okay.
20:31Tell me a little bit
20:31about what's going on
20:32since then.
20:33Well, since then,
20:36well, my boyfriend
20:37was killed
20:37in a car accident.
20:39And so I have a lot
20:41going on with me.
20:42I pretty much have
20:44taken my son.
20:47I mean, I have
20:47one little boy.
20:48It's been really hard.
20:49He's two and a half.
20:51And so he's just
20:52old enough
20:52to miss his daddy
20:53and, you know,
20:54I have to do
20:55everything by myself.
20:57So I pray
20:59about this decision
21:00and I finally
21:02got my answer
21:02from God.
21:04Okay, good.
21:05And I'm very confident
21:06in what I'm coming
21:07to do.
21:08You know,
21:09I have a very good
21:09piece about it.
21:10Okay.
21:12Have you given
21:13any thought
21:13to when you actually
21:14want to come back
21:15in for this procedure?
21:16I'd like to
21:16as soon as possible.
21:18I have openings
21:18tomorrow evening.
21:19Tracy must wait
21:20at least 24 hours
21:21before she can come
21:22back for the actual
21:23procedure.
21:24We've got some
21:25instructions on the back.
21:26This state,
21:27like Mississippi,
21:28has an informed
21:29consent law.
21:30Meeting with this
21:31counselor is just
21:32the first step
21:33for Tracy.
21:34Yes, ma'am.
21:35You have to speak
21:35with the doctor
21:36at least 24 hours
21:37before.
21:38It can be even
21:39a week or two before,
21:40but it has to be
21:4124 hours before.
21:43Women have to come in
21:44and sit in person
21:45and receive
21:46the state-mandated
21:47information.
21:48There are two publications
21:49that the state
21:51put together.
21:52So this requires
21:53that women come
21:54into the clinic
21:55at least twice.
21:56It discusses
21:57how abortions
21:58are performed,
21:59both the medical
21:59procedure
22:00and the surgical
22:00procedure.
22:02What happened
22:02was that everyone
22:03thought,
22:04what's wrong
22:04with giving women
22:05some information
22:06and letting them
22:07think about it?
22:08And that seems
22:09perfectly okay
22:10until you start
22:12looking at issues
22:13of distance.
22:14Okay, tomorrow
22:14we have appointments
22:15at 10, 10.30 or 11
22:17or Friday is 12
22:18through 1.30.
22:19Do either of those
22:20times work for you?
22:21Trying to get
22:22child care,
22:23two days.
22:24What city are you in?
22:25Trying to get a day
22:28off from work.
22:29Do you know,
22:29what about Saturday?
22:30Would Saturday
22:31be better?
22:34Okay, I'll tell you
22:35what, go ahead
22:36and try to get
22:36yourself set up
22:37as soon as you can
22:38for that first visit,
22:39okay, so we can do
22:40the ultrasound
22:41and tell you
22:41how long you have.
22:42It looks like
22:43the fee right now,
22:46she hung up.
22:49Part of the problem
22:49that we have
22:50with folks that are
22:51coming, that are
22:51rural and traveling
22:52long distances,
22:54the issue that she
22:55has is transportation.
22:57She said that,
22:58you know, she said
22:59she wanted to come
23:00in on Thursday
23:00or Friday,
23:02but then in giving
23:02her the times,
23:04she said she
23:04couldn't come in
23:05and when I asked
23:06her if transportation
23:07was the problem,
23:08she said yes
23:09and then she said,
23:09I'll just call you
23:10back.
23:11So, and it's very hard,
23:13I mean, part of the
23:14issue that we have
23:15here with how the
23:17waiting period affects
23:18women is that often
23:20we don't have the
23:21opportunity to really
23:22talk with women
23:23who, where this is
23:25really an extreme
23:25burden for them.
23:26basically they fly
23:28below radar
23:29and there's no
23:30real way of knowing
23:31if this woman
23:32will ever call us
23:32back and transportation
23:34potentially is the
23:35issue that's blocking
23:36her.
23:37Okay.
23:38What day are we
23:38interested in coming
23:39in for that first
23:40visit?
23:42There are now
23:43fewer abortion
23:43providers in America
23:45than at any time
23:46since Roe v. Wade
23:47was decided in 1973.
23:4987% of counties
23:53throughout the country
23:54do not have one.
23:56And this lack of
23:57providers impacts
23:58rural communities
24:00the most.
24:01No, it's not
24:03my city.
24:08In one of the most
24:09rural parts of
24:10Mississippi, near the
24:11banks of the
24:12Mississippi River,
24:13lies the city of
24:14Clarksdale.
24:14Part of the region
24:24known as the
24:25Delta, Clarksdale
24:26is one of the
24:27poorest cities in
24:28the state.
24:36More than a third
24:40of the city's
24:40population lives
24:41in poverty.
24:42The infant mortality
24:44rate here is almost
24:45two times the
24:46national average.
24:48And 75% of
24:50babies born here
24:50are born to
24:51single mothers,
24:53many of whom
24:53are teenagers.
24:56Teen pregnancy
24:57rate here in
24:58Mississippi is high
24:59compared to the
25:00national average.
25:02I think we're
25:02probably in the
25:03top five.
25:05And in Mississippi,
25:07Cahoma County,
25:08which is here in the
25:08Delta, we're number
25:10three in the state.
25:11Patricia White has
25:14worked in the Delta
25:15for over 30 years.
25:17She's a nurse
25:18midwife at this
25:19public health
25:19clinic.
25:19I saw you before
25:21with your last
25:21baby, didn't I?
25:22That's me, okay.
25:23With both of them?
25:24With both of them?
25:26A lot of the girls
25:27come in pregnant
25:28because they didn't
25:29have access to
25:31birth control.
25:32Do you have
25:32insurance?
25:33No.
25:34And most of the
25:35girls just are
25:37of the mind that
25:38once they become
25:38pregnant, that there
25:40are no options
25:41except for to have
25:42the baby.
25:46With the cost of
25:47an abortion often
25:48out of reach,
25:49at the Jackson
25:50Clinic over three
25:51hours away, the
25:52options for these
25:53women are limited.
25:56In the Mississippi
25:57business, it's not
25:58realistic.
25:59Stuff like that
25:59don't have here.
26:02We don't have
26:03clinics like that
26:04here.
26:05Rita Turner has
26:07lived in Clarksdale
26:07all her life.
26:10I know young
26:10girls have
26:11three-fourths
26:11children because
26:12they can't afford
26:13abortion.
26:14If you don't have
26:15money, if you're
26:16living on welfare
26:17or Medicaid, you
26:19have to deal with
26:20it.
26:20You have to deal
26:21with that balance.
26:23In Mississippi,
26:25Medicaid can rarely
26:26be used to pay for
26:27an abortion.
26:29In 2002, the state
26:31barred the use of
26:32government money to
26:33pay for the procedure,
26:34except in the case
26:35of rape, incest, or
26:37risk of death.
26:39In addition, medical
26:41facilities that receive
26:42state money are
26:43prohibited from
26:44performing abortions.
26:46Not one red cent, no
26:48taxpayer money, could be
26:50spent on funding
26:51abortions.
26:52Not one penny could be
26:53spent on funding
26:54abortions.
26:55This sent a very
26:55strong message across
26:57our state and across
26:59the nation for other
26:59states to look at
27:00passing similar
27:01legislation.
27:0133 states across
27:04the country have
27:05passed similar laws,
27:07all deemed
27:08constitutional by the
27:09Supreme Court.
27:11The Supreme Court has
27:12said that it's okay
27:13for the U.S.
27:14government to say,
27:16we're not going to
27:16spend our money on
27:17abortion.
27:19How can the
27:20government decide not
27:21to pay for something
27:22that's a perfectly
27:23legal procedure?
27:26These women really
27:28don't have a choice.
27:30We are making
27:30decisions for them.
27:32It's like even
27:33before Roe v.
27:34Wade for these
27:36poor women.
27:37Nothing's changed
27:38for them.
27:41So today, I see
27:42your last period
27:43was February 10th.
27:46That's right.
27:46Many of the women
27:47white sees come to
27:48her with unplanned
27:49pregnancies.
27:50Just look at this
27:51wheel here and see
27:52how far along you
27:53should be using
27:54this gestational
27:55wheel.
27:56February 10th.
27:57And this is July 30th.
28:04Are your periods
28:06regular?
28:06Mm-hmm.
28:07This would make you
28:08be six months
28:09pregnant.
28:09Really?
28:10Mm-hmm.
28:11Is that true?
28:12All right.
28:13Are you feeling
28:14movement?
28:15Yeah, I could feel
28:15a little movement.
28:16Oh.
28:17So you're starting
28:18so late.
28:19A lot of these women
28:20do not want to be
28:21pregnant.
28:21Was this a planned
28:23pregnancy?
28:23Was it planned?
28:24It was not planned.
28:24No, it was not planned.
28:25But...
28:26And if you don't
28:27want to be pregnant
28:27then you're in denial.
28:29Well, I took it
28:29from February to...
28:31To be honest.
28:32July to come in.
28:33I really don't.
28:35Yeah?
28:35I mean, thank you.
28:36I didn't really think
28:37it for like, I said,
28:38the first three months.
28:39I never did really
28:41pay attention.
28:41And then, after I started
28:43paying more attention
28:44to you because I was
28:45working more.
28:45Mm-hmm.
28:46Just having the ability
28:49to make the choice
28:51to say whether or not
28:53this is something
28:54that she wanted
28:55to continue with
28:56is going to make
28:57all the difference
28:58in terms of the outcome
28:59of the pregnancy.
29:02As you know,
29:03the later you come in
29:04before you get
29:04to prenatal care
29:05the more likely
29:06you ought to have
29:06problems in the pregnancy.
29:08Okay.
29:09Just going to pull this up.
29:11We don't feel bad
29:13that people in the Delta
29:14can't have an abortion.
29:16To say that poor women,
29:19we want to be sure
29:19that poor women
29:20can get their abortions,
29:22like we're doing them
29:22a favor by helping
29:24them kill their baby,
29:25is just not okay with me.
29:27It's not acceptable
29:28to make that
29:29to seem something so bad.
29:32You know,
29:32we see women all the time.
29:33And again,
29:34I was a young,
29:36poor, white woman
29:38in trying to go to college
29:40when I was pregnant
29:41with my first child.
29:43So, I mean,
29:44I didn't live in the Delta,
29:45but I did not have
29:47the means at that time
29:48to, you know,
29:50completely take care of
29:52everything that I needed.
29:53And yet,
29:54God made a way for me.
29:56All right.
29:57Let me make you
29:57up here.
29:59The women in the Delta
30:00that are having their babies,
30:02you know,
30:02they deserve our help
30:03and our support.
30:04But helping and supporting
30:06poor women
30:07is not helping them
30:08kill their babies.
30:09The state of Mississippi
30:14does fund
30:15what they consider
30:16an alternative service
30:17for women
30:18with unplanned pregnancies.
30:21Three years ago,
30:23the state DMV
30:24began offering
30:25Choose Life license plates
30:27for an additional fee
30:28of $31.
30:30Proceeds raised
30:31from the license plates
30:32help fund
30:33what are known
30:34as crisis pregnancy centers
30:35throughout the state.
30:39You have a young woman
30:40who's pregnant
30:41and she doesn't know
30:44where to turn.
30:46She feels
30:46she is in a crisis.
30:50Fortunately,
30:51she has a place
30:52to go in our state
30:53and they can explain
30:54to her her options.
31:00CPC,
31:00may I help you?
31:02Barbara Beavers
31:02is the director
31:03of the Center
31:04for Pregnancy Choices
31:05in Jackson, Mississippi.
31:06We're a pregnancy
31:07resource center.
31:09Just down the road
31:10from Mississippi's
31:11last abortion clinic,
31:12this is one of the largest
31:13of the 26 crisis pregnancy centers
31:16in the state.
31:16We have free pregnancy testing,
31:18confidential counseling.
31:20Part of a growing movement,
31:21there are more than
31:222,000 such centers nationwide.
31:25We try to get
31:25what we have
31:26with your needs.
31:27What are you calling about?
31:29The purpose of the center
31:31is to deal with a woman
31:32who has an unplanned pregnancy
31:35and her choices are
31:37abortion,
31:39adoption,
31:40parenting.
31:41She has basically
31:42those three choices.
31:43So we'll do
31:44a transvaginal ultrasound
31:45today.
31:47Have you ever had
31:48one of those before?
31:49No.
31:5024-year-old Sheneen
31:51has come in today
31:52for a free pregnancy test.
31:54I'm going to use
31:54this wand right here.
31:56As part of the center's
31:57standard services,
31:58they also offer women
31:59a free ultrasound
32:00or sonogram.
32:02I'm going to be looking
32:02for your uterus.
32:03I'm going to be looking
32:04for the baby.
32:05The sonogram machine
32:06is a wonderful addition
32:10to our services.
32:13All right, Sheneen,
32:14I'm going to look around
32:15a little bit now.
32:16Get those measurements
32:17that I was telling you about,
32:18okay?
32:19Mm-hmm.
32:20It's hard for her
32:21to realize what is going inside
32:23and that sonogram
32:24opens a window to the womb
32:26and lets her see
32:27what's going on inside.
32:30How's that make you feel, dear?
32:35I just can't believe
32:36it's a baby inside, dear.
32:40Sheneen had never considered
32:42terminating her pregnancy.
32:44But for beavers,
32:46the sonogram has been
32:47an effective tool
32:48for women who are.
32:50It personalizes the baby
32:53for the mama.
32:54And it makes the baby
32:56not just a baby.
32:58It makes it her baby.
33:01Hello, can I speak
33:02to Jada, please?
33:04Jada, this is Marlene.
33:06I'm calling from
33:07the Center for Pregnancy Choices.
33:10Have you decided
33:11whether or not
33:11you're going to keep your baby?
33:13We do have girls
33:14that come to us.
33:15And after all the said and done
33:19and we have
33:20even seen the baby,
33:25you know,
33:26and they have
33:28gotten all the information.
33:30They say,
33:30okay, where can I go
33:31for an abortion?
33:33And we don't refer
33:34for abortions.
33:36We don't give them
33:37the numbers of the clinic
33:38because that to us
33:43would be harmful
33:44to her health.
33:48Instead,
33:50this center offers
33:50free parenting classes,
33:52prenatal vitamins,
33:54baby clothes,
33:55and other donations
33:56from people who believe
33:57in the center's mission.
34:00They offer
34:01abstinence-only
34:02education courses,
34:04but do not provide
34:05information on birth control
34:06or the morning-after pill.
34:11Nor do they offer women
34:12pre- or postnatal
34:14medical care.
34:16The whole thing
34:17that is really problematic
34:18for me
34:19is the disconnect
34:20between
34:21the pre-born
34:23and the post-born.
34:26Some baby clothes
34:27and formula
34:29and even a stroller
34:30isn't going to help
34:31for that long.
34:32That's just not
34:33what's required
34:34to raise a child.
34:36So many of these groups,
34:38so many of the hardliners,
34:40when they say
34:41I'm pro-life,
34:43they mean
34:43I support
34:44the pregnancy
34:45in utero,
34:46in the uterus.
34:48But I see
34:49so little sustenance
34:50and support
34:51for women and children,
34:53particularly
34:53poor women
34:55and children.
34:55Father,
34:57we thank you
34:58for Shanine.
34:59We thank you
35:00for this little one
35:01that you've given to her.
35:02The center's efforts
35:03to reach out
35:04to pregnant women
35:05have been part
35:06of a broader shift
35:07inside the pro-life movement
35:09to focus more
35:11on the woman,
35:11they say,
35:12and not just
35:13on saving the pregnancy.
35:14That's it.
35:15Keep us in touch.
35:17We've got your number.
35:18At some point,
35:19for pro-life people
35:21who think about strategy
35:22that's really going to work,
35:23it has become clear
35:25that we need
35:26to protect
35:26all the unborn,
35:28a terrible thing
35:28is happening
35:29in the U.S.,
35:31is not going to fly
35:32as a tactic
35:34for legislation.
35:36It just doesn't
35:37have enough
35:37overall support.
35:39That doesn't mean
35:41that if you're
35:42of that persuasion
35:43you stop believing it.
35:44It means that you go
35:45back to the drawing boards,
35:46you sit around
35:47and you say,
35:47okay, what is going to fly?
35:49What's a message
35:49that we'll be able
35:50to get lots more people
35:52to vote for
35:53and where the public
35:54won't rise up
35:55and get upset?
35:56Women's health.
35:58Everybody likes
35:59women's health, right?
36:01We left off yesterday.
36:03We're talking about
36:03significant legislation
36:04in the states
36:05and we're going to pick up
36:07with abortion clinic regulations.
36:09About 26 states
36:10right now
36:11have some degree
36:12of abortion clinic regulation.
36:13One of the major
36:14legislative efforts
36:15being undertaken
36:16by Americans
36:17United for Life
36:18has been to help states
36:19pass abortion clinic regulations
36:21with the goal,
36:23they say,
36:24of protecting the health
36:25of the women
36:26who go there.
36:27If abortion
36:28is going to be legal
36:29and it's going to be
36:30for the near term,
36:30we want to make sure
36:31that when the woman
36:32goes in for an abortion,
36:33that clinic,
36:34like any other
36:35outpatient clinic,
36:36has the right equipment
36:37and the right
36:38trained personnel
36:38to handle any
36:39emergency medical situations
36:41that might arise.
36:42Popular opinion
36:43must be 70-80%
36:44for chronic alcohol.
36:45Public support
36:45is there for it.
36:47There's not
36:47the political will
36:48often times
36:49because abortion clinics
36:50will come in and argue,
36:52you're going to put us
36:52out of business.
36:53That's what you're trying to do.
36:54And that's not
36:55what we're trying to do.
36:56We're trying to protect
36:57women's health.
36:59That's what Mississippi
37:00lawmakers said
37:01they were trying to do
37:02last spring
37:03when they passed
37:04a new requirement
37:05for abortions
37:06performed after
37:07the first trimester.
37:09With the aid
37:10of Americans
37:11United for Life,
37:13Senator Nunley
37:13helped draft legislation
37:15that would require
37:16any clinic
37:16that performs
37:17such abortions
37:18to meet the standards
37:19of an ambulatory
37:20surgical facility.
37:23Mississippi said,
37:24okay, clinic operators,
37:26if you're going to
37:27perform second
37:27and third trimester
37:28abortions,
37:29then we're going
37:30to raise the level
37:31of medical care
37:32that you're required
37:33to give to your patients.
37:36Under this new law,
37:37the Jackson Women's
37:38Health Organization
37:39is required to meet
37:4036 pages of regulations
37:42from hallways
37:44that must be
37:45at minimum
37:46six feet wide
37:47to a requirement
37:48that the building
37:49be located in what
37:50the regulations call
37:51an attractive setting.
37:54The ambulatory
37:55surgical facility standards
37:56impose extensive,
37:58completely unnecessary
37:59requirements
38:00that are largely
38:03unrelated to the safety
38:04of the procedure itself.
38:06So we're going to
38:07go over the media report.
38:08Bonnie Scott-Jones
38:09is a lawyer
38:10who represents
38:11the Jackson Clinic.
38:12You can tell me
38:13what areas
38:13you need more information
38:14in.
38:15She works with a group
38:16called the Center
38:17for Reproductive Rights
38:18in New York City.
38:19We've had 20 states
38:20pass 27 bills
38:22that directly restrict
38:23abortion access.
38:25These lawyers
38:26have another name
38:27for the type of
38:28clinic regulation
38:28Mississippi passed.
38:30Bonnie,
38:30would it be helpful
38:31for you if I went
38:32into the details
38:33of the trap bills?
38:34Sure.
38:35That would be great.
38:35They call laws
38:36like these
38:37trap bills,
38:39short for
38:39targeted regulation
38:41of abortion providers.
38:44I use the term
38:45trap law to refer
38:46to a law
38:46that singles out
38:47abortion
38:48from all other
38:49medical procedures
38:49that are in every
38:50respect the same
38:51and treats them
38:52differently
38:52and burdens them.
38:54I mean,
38:54it's basically like
38:54let's pick on abortion
38:56and it's okay.
38:58You know,
38:58the Constitution
38:59seems to allow it.
39:03Among the new
39:04regulations
39:05the Jackson Clinic
39:06faces is a requirement
39:08that clinic doctors
39:09have admitting
39:10privileges at a local
39:11hospital in case
39:12of an emergency.
39:14According to Jones,
39:16this requirement
39:17amounts to a trap
39:18for the clinic.
39:20The reason that
39:20that's so difficult
39:21is that generally
39:23it is virtually
39:24impossible,
39:25if not impossible,
39:26to get admitting
39:26privileges in a state
39:28in which a person
39:29does not reside.
39:30The hospitals
39:30don't want to give
39:32admitting privileges
39:32to doctors that
39:33don't live there.
39:34I mean,
39:34part of what they
39:35want in terms
39:35of getting
39:35admitting privileges
39:37is to have the
39:38doctors serve
39:39the hospital
39:40in some way,
39:40whether it's
39:41doing emergency
39:42room rotations
39:43or things like that.
39:44The bulk of our
39:45doctors come from
39:46out of state.
39:48They fly in
39:49and they fly out.
39:51There's lightning
39:51in light of the world.
39:53It's quite difficult
39:53for a physician
39:54to live here
39:56in the state,
39:57in the city,
39:58and not be harassed.
40:01It's just a caretank.
40:02It is already used.
40:03It's not a caretank.
40:05There's no options
40:07over than trying
40:07to take the life
40:08of this unborn child.
40:09Your parents gave you
40:10the option.
40:10The striking thing
40:11about the admitting
40:11privileges requirement
40:12is that it really
40:13serves no function
40:15because the clinic
40:16is already required
40:18to have a transfer
40:19agreement with a
40:20hospital 15 minutes
40:21away under which
40:23the hospital will
40:23accept the patients
40:25of the clinic
40:26in an emergency
40:26and treat them.
40:27And the clinic
40:28has this transfer
40:29agreement.
40:29So there already
40:30is in place
40:31a mechanism
40:32to deal with
40:33emergencies.
40:35Madam President,
40:36we have a quorum.
40:37Thank you so much.
40:38Would you please rise?
40:39These same people
40:40that claim that
40:41they want the best
40:42facility for women
40:43are doing everything
40:44they can to make
40:46any facility
40:47that they can control
40:48not provide abortions.
40:50For what purpose?
40:52The state of Mississippi
40:52really thinks that
40:54abortions would be
40:54safer in hospitals?
40:56Well, it could
40:56fund abortions.
40:57We could fund
40:57abortions in the
40:58state hospitals
40:59so that when women
41:00sought abortions,
41:01that's where they
41:02would go.
41:03Obviously, they're
41:04not doing that.
41:05The anti-choice
41:05activists aren't
41:06doing that.
41:07The state's not
41:07doing that because
41:08their motive is not
41:09to provide an abortion
41:10in the environment
41:11they believe is safe.
41:12It's simply to
41:12stop abortion.
41:14The issue involving
41:16being prepared to
41:17take care of the
41:19complications resulting
41:20from the procedure
41:21is far greater than
41:23the political debate
41:24that occurs around
41:26the argument as to
41:27whether the doc can
41:28or cannot get
41:29admitting privileges.
41:30But you understand
41:31this little problem
41:32they have, right?
41:33I understand it.
41:34What do you think
41:35about their problem?
41:37I think that these
41:39doctors should quit
41:42doing the procedures
41:42on children over 12
41:43weeks of age.
41:47Another theme that
41:48we're seeing this
41:49legislative session is
41:51for the regulation of
41:53laws that are already
41:53on the books.
41:55Since the Casey
41:56decision opened the
41:57door 13 years ago,
41:59over 200 abortion
42:00regulations have been
42:01passed throughout the
42:0350 states.
42:0344 states have
42:04parental involvement
42:05laws on the books.
42:06And according to the
42:07lawyers at the Center
42:08for Reproductive Rights,
42:10more are coming.
42:11For example, in Indiana,
42:13they already have a state
42:14mandated informed
42:16consent script that has
42:18to be given to all
42:19women 24 hours before
42:20they have an abortion.
42:21But now what's been
42:23added to the script is
42:24they must also have
42:25an ultrasound and be
42:27given the opportunity
42:28to see the ultrasound
42:29image 24 hours before
42:30the abortion, as well as
42:32to hear the fetus's
42:33heartbeat.
42:34And one of the concerns
42:35is who's paying for
42:36this?
42:37And in Michigan,
42:39there's a list that's
42:40on their state mandated
42:41site saying that these
42:44are places where you can
42:45get free ultrasounds.
42:47However, all of those
42:48places are crisis
42:49pregnancy centers.
42:50So when you go there,
42:51you'll be able to get
42:52an ultrasound, but they
42:54don't provide abortions.
42:56The problem with these
42:57endless procedural hoops
42:58and hurdles that women
42:59have to go through to
43:00get an abortion, these
43:01are real obstacles and
43:02they are not always
43:03surmountable.
43:05And it's not at all
43:06clear what kind of
43:07burdens one has to show
43:09to be able to convince
43:10a court that this, that
43:12the law is going to be
43:13harmful enough to
43:14enough women that
43:15finally the court will
43:16say, okay, enough, you
43:18can't impose this
43:19particular burden.
43:29As both sides of the
43:31abortion war look to the
43:33future, the focus is
43:35back on the Supreme
43:36Court.
43:37With its new Chief
43:39Justice John Roberts
43:40and Justice O'Connor's
43:42replacement still looming,
43:43this month, the court
43:45will have its first
43:46chance in five years to
43:47shape abortion policy.
43:50On November 30th, they
43:52are expected to hear
43:53arguments about a New
43:54Hampshire law that
43:55requires abortion
43:56providers to notify a
43:57parent of a minor at
43:59least 48 hours before
44:01performing an abortion.
44:03The case is known as
44:04Ayotte, named after the
44:06Attorney General of New
44:07Hampshire.
44:08It is only the second
44:10major abortion rights
44:11case the Supreme Court
44:12has heard since Casey.
44:14And like Casey, Ayotte
44:16has the potential to
44:18transform the abortion
44:19war yet again.
44:21The strategy of the
44:23pro-life forces in the
44:24New Hampshire case is
44:25another masterful way of
44:27getting to where they
44:27want to go.
44:29The Supreme Court picked
44:30two questions to decide
44:31in that case.
44:32The first question they
44:33picked to decide was,
44:35when you have a parental
44:36notification statute, is
44:38there an exception if the
44:40minor's health is
44:43endangered?
44:44In the New Hampshire
44:45law, there is no such
44:47exception.
44:48The only way a doctor can
44:49avoid waiting 48 hours
44:51after notifying a girl's
44:52parent is if the girl's
44:54death is imminent.
44:56The law allows for no
44:57other health or medical
44:58emergency exception.
45:01And this health exception
45:02is the first issue that is
45:04being fought over in this
45:05case.
45:06For 30 years, the court
45:08has held firm to the view
45:10that you have to protect
45:11women's health, and it
45:12would surely be a sign of
45:13what's to come if the
45:14court changes its view on
45:15that.
45:17Louise Melling is on the
45:18team of lawyers from the
45:19American Civil Liberties
45:20Union, which is arguing
45:21this case.
45:23They argue that the
45:24exception in the New
45:25Hampshire law is too
45:26narrow, and that the
45:28court needs to allow for
45:29an exception in the event
45:31of other medical
45:31emergencies short of
45:33imminent death.
45:34What the court has always
45:36said is that where any
45:37kind of delay or where an
45:39abortion restriction risks
45:40a woman's health in this
45:42fashion, you need to have
45:43an exception.
45:44And you need to have an
45:45exception because you want
45:46the doctor to be able to
45:47take care of the patient.
45:48You want the doctor to be
45:50able to avert harm.
45:52That's been the rule.
45:54It's a radical proposition
45:55to say that that shouldn't
45:57be true.
45:57The point here is that the
46:00medical emergency exception
46:01is a loophole that allows
46:04the doctor to ignore
46:07parental notice.
46:09It allows the doctor to
46:10ignore the statute and just
46:12go ahead and give the
46:13abortion.
46:14Miley and I wrote the
46:16brief a couple of months
46:17ago.
46:17Clark Forsyth is a senior
46:19attorney with Americans
46:20United for Life and is one
46:22of the lawyers advising
46:23New Hampshire Attorney
46:24General Ayotte.
46:25In his brief to the
46:27court, he argued that a
46:29broad health exception for
46:31medical emergencies would
46:32act to destroy the
46:33requirement of parental
46:35notice.
46:37It sounds like an easy
46:38thing to just put a health
46:40exception in, right?
46:41Well, the answer to that
46:42from the right to life
46:43perspective is health
46:44doesn't mean what you
46:45think it means.
46:47And the reason is that one
46:49of the things the Supreme
46:50Court did in Roe and the
46:52companion case that came
46:53out the same time as Roe v.
46:55Wade is that the Supreme
46:55Court was to define health
46:57as meaning, let's take the
47:00right to life articulation
47:02of it, anything the doctor
47:03and the patient want it to
47:04mean.
47:05Now, that's a loaded way to
47:06say it.
47:06But the court said health
47:08doesn't necessarily just
47:10mean physical health.
47:11It can mean emotional health,
47:13psychological health.
47:14That's why the two sides are
47:15fighting over the scope of
47:16the health exception.
47:17And what the Supreme Court
47:18says about the health
47:19exception in the New
47:20Hampshire case, Ayotte, could
47:22be transferred to a whole
47:23series of other cases in which
47:26health is also an issue.
47:28I'm pleased that all of you have
47:30joined us as the Partial Birth
47:33Abortion Ban Act of 2003
47:35becomes the law of the land.
47:39Just this summer, a federal
47:41appeals court struck down the
47:42federal partial birth abortion
47:44ban.
47:44And in so doing, it said
47:46explicitly in its ruling,
47:47because the act does not contain
47:50a health exception, it is
47:51unconstitutional.
47:53Period.
47:55Pro-lifers could go back and put
47:56in a health exception, or they
47:58could do what they've tried to
47:59do, which is to gamble that
48:01there will be a change on the
48:02Supreme Court and that the new
48:03justice won't care about the
48:04health exception.
48:05So we might find out in the
48:07parental notification case that
48:09John Roberts doesn't care about
48:11the health exception, in which
48:12case perhaps he will uphold the
48:14federal partial birth abortion
48:15ban as is.
48:16The center of that case is all
48:18about the fact they don't have
48:19the health exception, right?
48:20So if they lost on those
48:21grounds...
48:22Well, actually, kind of a more
48:23important issue is what level
48:26of deference the courts are
48:27going to give abortion
48:28regulations, because it's a
48:29court...
48:30Besides the health exception,
48:31there is another big question
48:33being decided in the Ayotte
48:34case, one that could have even
48:36deeper implications for the
48:38future of abortion rights.
48:40The other issue is highly
48:43technical, but it turns out
48:45it's crucial, it's far more
48:47important than the health
48:48issue.
48:48The Ayotte decision is the
48:50first case since Casey, where
48:51the court has agreed to take a
48:53look at the standard of review.
48:55The issue is, what do you have
48:57to show to a court in order to
49:00get an entire abortion law
49:02struck down?
49:04The way it usually works, until
49:07now, is plaintiff goes to court
49:09and says, this restriction here
49:11imposed an undue burden on a lot
49:13of women, this statute here will
49:15impose an undue burden on a lot
49:17of women, and if they convince
49:18the court that's so, then the
49:21court issues an injunction, and
49:22the statute cannot be applied by
49:24anyone.
49:26In this case, the pro-life side
49:29is arguing that even if the court
49:31finds the parental notice law to
49:33be an undue burden for some
49:34minors, the law should still stay
49:37on the books, and the court should
49:38only make exceptions to it on a
49:40case-by-case basis.
49:44If that's the rule that the
49:46Supreme Court adopts, it means
49:48that over time you have to bring a
49:50whole series of different
49:51plaintiffs in, each of which goes
49:53before the court and says, this law
49:54is unconstitutional as to me.
49:58The practical effect is to allow
50:00states to pass much more
50:02restrictive laws affecting abortion
50:05than they ever could before.
50:07So I think that is actually the
50:08more key issue that's going to come
50:09out of IOP.
50:10It's like Casey. Casey opened up a
50:11whole range of them eventually, and
50:13this one could either open up
50:14further or shut it.
50:15It could be very beneficial to us,
50:17or they could say, well, no, we're
50:19going to take you back a step, which
50:20was kind of where we were after
50:22Roe.
50:22Whether substantial change is in the
50:25offing or not remains to be seen,
50:27but the substantial change that
50:29should take place is that the issue
50:31of abortion should be returned to
50:32the people.
50:32The court should return the issue
50:35to the people to decide and
50:37determine through their elected
50:39representatives.
50:42As with Casey, the likely outcome
50:45of the New Hampshire case is not
50:48Roe versus Wade were first.
50:51But for some women, for some
50:53category of women, the world really
50:56did change when Casey changed the
50:58standard, and Ayotte has the
51:01potential, again, to really change
51:03the world for some group of women.
51:06The right will remain, but for whom
51:11does it remain, and in what
51:13circumstances?
51:14Father God, we just come before you now,
51:22Father.
51:23We invite your Holy Spirit, Father God,
51:25to empower us, dear Lord, today.
51:27We surround this clinic, dear Lord, with
51:29every prayer of every person, Father God.
51:32We speak out.
51:33Back in Mississippi, the Jackson Clinic
51:35has until January to meet the ambulatory
51:38surgical standards.
51:39We pray that these doors will be
51:41shut, Father.
51:42If they do not, there will be no
51:45abortion clinic in Mississippi that
51:46can perform abortions after the first
51:49trimester.
51:50In Jesus' name, amen.
51:51Amen.
51:52Thank you, Lord.
51:54In closing today...
51:56Terry Herring says pro-life Mississippi
51:58is not currently lobbying for any further
52:00abortion regulations, but hopes that
52:03rulings from a new Supreme Court will
52:06permit more restrictive legislation in her state.
52:08Our goal is to be a pro-life Mississippi
52:12and to build a pro-life America.
52:17My personal goal is to be instrumental in the
52:20overturn of Roe v. Wade and to be
52:22instrumental in ending abortion in my
52:24lifetime.
52:25For the sake of his sorrowful passion...
52:33Sometimes I fantasize about Roe being
52:36overturned, because then I think that there
52:41would be this real threat, this real enemy.
52:47As long as everything flies below the radar,
52:50never an all-out attack, I think that most
52:54women and men are asleep.
52:56I don't think they realize what's going on.
52:58The assault on abortion rights is very clever.
53:02It's very smart.
53:03And we are losing.
53:04In January, the Supreme Court upheld New Hampshire's parental notification law, but also reaffirmed the need for an exception from medical
53:20emergencies.
53:21Then, South Dakota became the first state to outlaw all abortions except to save a woman's life, a law that may eventually provide the court with another chance to revisit Roe v. Wade.
53:33Next time on Frontline, the pictures shocked the world.
53:51It was certainly not authorized.
54:04It was Animal House on the night shift.
54:06But was Abu Ghraib an isolated incident?
54:09There is a direct connection between the abuses and decisions at the top of the Pentagon.
54:14And did the Bush administration create an atmosphere that led to torture?
54:21The Torture Question on Frontline.
54:27Frontline's The Last Abortion Clinic is available on videocassette or DVD.
54:33To order, call PBS Home Video at 1-800-PLAY-PBS.
54:44The hare.
54:45auf Ferwer собственно금i und religte vor Totara und Jéza Mes bounden A.
54:51Nach亞.
54:59In awhile.
55:03The east to the right row.