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Julie Tulbert

Author ››› Julie Tulbert
  • Abortion opponents were reassured by Kavanaugh's comments on Roe v. Wade

    Anti-abortion outlets and groups attacked Democrats, pro-choice protesters for highlighting the risk Kavanaugh poses to abortion access

    Blog ››› ››› JULIE TULBERT


    Melisa Joskow / Media Matters

    Judge Brett Kavanaugh’s Supreme Court confirmation hearing demonstrated that he will be a threat to abortion rights and would likely vote to overturn or curtail protections stemming from Roe v. Wade -- despite previous claims by right-wing media to the contrary. Abortion opponents reacted to the hearing by praising Kavanaugh’s position on abortion and reproductive rights, and by attacking pro-choice protesters and Democratic senators.

    This week, Kavanaugh participated in a confirmation hearing for his nomination to the Supreme Court, which reaffirmed that he will be a threat to abortion rights. Rewire.News’ Jessica Mason Pieklo wrote that Kavanaugh’s references to “Roe as Supreme Court precedent and even ‘super-precedent’” served as a consistent talking point for the judge who was seemingly shielding his views on abortion rights. As Mason Pieklo explained, Kavanaugh’s invocation of precedent meant little because “precedent can be ‘unsettled’ by the Supreme Court.” In particular, “Kavanaugh reminded us of that time and time again by invoking Brown v. Board of Education,” a case that anti-abortion activists use “as an analogy” to describe a “pathway to overturn Roe.” Kavanaugh “also called birth control an abortifacient, … echoing another anti-choice talking point that dangerously conflates contraception with abortion.” Mason Pieklo also pointed to an email released during the hearing “where Kavanaugh says that many legal scholars do not see Roe v. Wade as settled law.”

    Kavanaugh’s record also suggests he would vote in favor of overturning Roe, or otherwise support further curtailing abortion rights. For example, in 2017, Kavanaugh opposed allowing an unaccompanied pregnant immigrant teen [called Jane Doe] who was in federal custody to have an abortion -- using language like “abortion on demand,” an inaccurate phrase frequently used by abortion opponents, to explain his decision. Kavanaugh also praised the late Chief Justice William Rehnquist’s dissent in Roe during a speech in 2017 -- which Mason Pieklo noted made sense, given that Rehnquist’s dissent in Roe and Kavanaugh’s dissent in the Jane Doe case both “fundamentally [deny] reproductive autonomy all while purporting to be respecting the bounds of the law.” New York magazine’s Irin Carmon pointed to Sen. Richard Blumenthal’s (D-CT) question about whether Kavanaugh’s language in the Jane Doe case “was a signal” to conservative organizations “that you were prepared, and you are, to overturn Roe v. Wade.” Carmon also indicated that Kavanaugh’s 2017 speech was another “signal” of the same sort.

    As the hearing progressed, abortion opponents reacted with glee at Kavanaugh’s answers on abortion rights, and attacked pro-choice Democrats and activists who opposed his likely views on Roe. Here are a few examples:

    During the hearing, anti-abortion outlet LifeNews celebrated Kavanaugh’s answers

    • Anti-abortion organization Americans United for Life tweeted one of the celebratory LifeNews articles, writing, “In yesterday's Judiciary Committee hearings, Judge Kavanaugh confirmed that there is no right to abortion in the Constitution.” Catherine Glenn Foster, president of Americans United for Life, told the San Francisco Chronicle that Kavanaugh’s answers about precedent were "simply recognizing the fact that discussion of the principles of stare decisis has become recognized as a leading decision in that area,” meaning that judges tend to talk about the decision in Roe as a matter of “settled law.” She also added that she believed “there is no reason to follow the precedent of Roe.”

    Abortion opponents reacted to Kavanaugh's demurring about Roe's precedent with reassurances that it could be overturned

    • Ryan Bomberger, founder of the anti-abortion organization Radiance Foundation tweeted about Kavanaugh calling Roe “settled law”:

    • Anti-abortion organization Students for Life of America reassured followers about Kavanaugh’s position on Roe, tweeting, “Any Court ruling can be overturned.”
    • Right to Life of Michigan downplayed the impact of overturning Roe, tweeting, “When Roe v. Wade falls, it simply puts the voters and elected officials back in the drivers (sic) seat. What happens will be up to you, the voter, not five unelected, unaccountable politicians acting as judges.” In reality, overturning Roe will have devastating consequences for abortion rights at the state level.

    Anti-abortion activists and outlets also attacked pro-choice activists and protesters

    • LifeNews tweeted, “More abortion activists arrested after pro-abortion outbursts because they don't care about civility.”
    • Radiance Foundation tweeted:

    • During one protest, Ryan Bomberger tweeted, “No irony here at all. While talking about mental illness court case, unhinged pro-abortion protesters resume their crazy outbursts.”
    • Father Frank Pavone of the anti-abortion group Priests for Life tweeted:

    • Anti-abortion organization Pro-Life Action League tweeted an anti-abortion myth about abortion safety, claiming that while pro-choice activists are “making a whole lot of noise about the supposed need to ‘keep abortion #safeandlegal.’ The problem for them, though, is that legal abortion isn't actually very safe.”
    • Commenting on a protest, LifeNews tweeted, “The latest shouter: ‘Save Democracy Save Roe.’ How does killing a baby in an abortion without due process serve a democracy?”
    • LifeNews responded to pro-choice activists’ concern over Kavanaugh’s use of the phrase “abortion inducing drugs,” with an inaccurately-titled article: “No, Brett Kavanaugh Didn’t Call True Birth Control ‘Abortion Drugs.’ Plan B Can Cause Abortions.”

    Anti-abortion activists and outlets used the hearings as an opportunity to attack Democratic senators on the committee

    • In response to a question from Sen. Kamala Harris (D-CA) about whether there are any laws that explicitly regulate men’s bodies, LifeNews ran an article titled:

    • David Daleiden, founder of discredited anti-abortion organization Center for Medical Progress, tweeted about Sen. Cory Booker (D-NJ) while also promoting an upcoming anti-abortion movie:

    • Fox News’ Todd Starnes tweeted, “It is deeply chilling to watch people like @SenFeinstein defend the killing of unborn babies. #evil.”
    • National Right to Life tweeted that Sen. Dianne Feinstein (D-CA) was “severely misguided about” Roe, because “it's not about ‘privacy rights,’ Senator. It's about depriving an entire class of human beings the fundamental right to life.”

    Correction: This post originally include an inaccurate link. In the sentence "David Daleiden, founder of discredited anti-abortion organization Center for Medical Progress, tweeted about Sen. Cory Booker (D-NJ) while also promoting an upcoming anti-abortion movie," it linked to a piece about the in-production Roe v. Wade movie, which is distinct from the soon-to-be-released film Gosnell.

  • The state-by-state impact of overturning Roe with Kavanaugh on the Supreme Court

    Right-wing media claim that letting states regulate abortion isn’t a threat for reproductive rights -- it is.

    ››› ››› JULIE TULBERT

    Following President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court, right-wing media downplayed the impact that Kavanaugh -- who has a stamp of approval from the conservative Federalist Society -- would have on abortion rights in the United States. Some media outlets and figures claimed that if Roe v. Wade was overturned, it would merely return abortion regulation “to the states” and have a minimal impact on abortion rights. Here’s a state-by-state guide to what a world without Roe would look like, as reported in the media, if and when Kavanaugh casts the deciding vote.

  • PBS NewsHour provides a model for how media should cover Brett Kavanaugh's threat to Roe​

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    As right-wing media insist that President Donald Trump’s latest Supreme Court nominee Brett Kavanaugh won’t threaten abortion rights if he’s confirmed, PBS NewsHour modeled how outlets should report on Kavanaugh and contextualize his anti-abortion stances.

    After Kavanaugh met with Sen. Susan Collins (R-ME) -- regarded as a key vote for his confirmation -- Collins told reporters and released a statement that she was reassured about Kavanaugh’s stance on Roe v. Wade because he told her he agreed with Chief Justice John Roberts’ statement that Roe was “settled law.”

    Although some outlets quickly explained why Collins should certainly not be reassured by Kavanaugh’s comments on Roe, PBS NewsHour’s August 23 segment was a particularly good model for how outlets should report on Kavanaugh's "settled law" comments, as well as demonstrate how his confirmation will be a threat to abortion rights.

    From the August 23 segment:

    1. Debunk the inaccurate point that calling Roe “settled law” means abortion access is safe

    During the segment, CNN Supreme Court analyst Joan Biskupic said that, with his comments about Roe being “settled law,” Kavanaugh is “trying out some lines” used by previous Supreme Court nominees. “When he meets with a senator,” Biskupic said, he “might experiment with what would be said. And we could see how Susan Collins received that quite positively.” Biskupic continued that it was possible Kavanaugh was “rehearsing his answers to try to satisfy senators enough to get the majority vote.” She warned that even if Kavanaugh talks about his “regard for precedent, … once he gets up there in a lifetime position, all bets are off.”

    Besides emphasizing that Kavanaugh’s comments were not reflective of his likely jurisprudence, Biskupic further debunked his invocation of Roberts’ position on Roe. As Biskupic explained, although “Chief Justice John Roberts did talk about the importance of precedent and of Roe v. Wade being settled” there are actually “two rulings on abortion from Chief Justice John Roberts, one in 2007, and then more recently, where he did undercut the right.” During the segment, PBS NewsHour correspondent Lisa Desjardins also mentioned that Democratic senators said “Justice Gorsuch used the same standard, saying that he saw Roe as settled law. But Democrats like Chris Coons today point out that Justice Gorsuch recently voted to overturn a 41-year precedent, a court case from the Supreme Court in 1977, about labor law. That in that venue, it seems sort of as a Roe v. Wade of labor, Gorsuch did vote to overturn that. So Democrats are concerned that whether it’s settled law, these justices could be willing to overturn them.”

    2. Provide context about Kavanaugh’s record on abortion rights

    Kavanaugh is a threat to abortion access -- a fact Biskupic underscored in the PBS NewsHour segment by providing necessary context about his record on abortion rights and previous comments about Roe.

    For example, in a 2017 case, the Trump administration stopped an unaccompanied pregnant immigrant teen (referred to as Jane Doe) in federal custody from having an abortion. The D.C. Court of Appeals eventually ruled that the government could not stop Doe from having an abortion. But Kavanaugh dissented in the case, arguing that the government should be able to block her decision to obtain abortion care while she’s in custody. In the segment, Biskupic explained that Kavanaugh’s dissent argued that “the government has an interest in fetal life here. … He said Roe is settled law. But he stressed that it wouldn’t have been a burden on this woman to have waited and gotten a sponsor, the government was right to try to make her wait and consider it.”

    Similarly, Biskupic noted that we can tell a lot about Kavanaugh’s opinion on abortion rights from the way he has “talked about his judicial heroes. The first one when he was a young law student was former Chief Justice William Rehnquist. And he cited Rehnquist’s dissent in Roe v. Wade back in 1973. … And he’s done the same with the late Justice Antonin Scalia, who was also an opponent of abortion rights.”

    The PBS NewsHour segment shows the kind of coverage needed about Kavanaugh, especially considering Collins has voted for every Supreme Court nominee since she’s been a senator, including Roberts, Gorsuch, and Samuel Alito.

  • Mississippi's Clarion Ledger explains the deceptive nature of anti-abortion fake health clinics

    In states with only one abortion clinic, the tactics of fake health clinics can have particularly dangerous consequences for abortion access

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    In an August 18 article, Clarion Ledger’s Sarah Fowler highlighted the deceptive tactics deployed by Mississippi’s crisis pregnancy centers -- called CPCs or anti-abortion fake health clinics -- and explained how they can be particularly problematic in a state like Mississippi that now has only one abortion clinic.

    Nationwide, fake health clinics are known for relying on underhanded tactics, including deceptive advertising and imitating medical facilities, in order to scare or persuade individuals against obtaining an abortion. An attempt to regulate these clinics by California fell flat this year when the Supreme Court ruled that a state law regulating fake health clinics was likely unconstitutional. The law requires the clinics to disclose either their non-medical facility status or the fact they do not offer comprehensive reproductive health services.

    As a result, anti-abortion fake health clinics have been able to continue their deceptive practices. Many of these fake health centers falsely list abortion on their website as a service they provide. Fowler pointed to a Mississippi clinic called the Center for Pregnancy Choices as an example:

    Their website ... describes both surgical and non-surgical abortions. Under the description of non-surgical abortion, the center clearly states they do not perform that procedure. But when the reader clicks on surgical abortions, they are directed to make an appointment.

    In addition to this deception, many anti-abortion groups like Human Coalition and Heartbeat International use search engine marketing to target those seeking abortions on Google and redirect them to these fake health clinics. As Shannon Brewer, the director of Mississippi’s only abortion clinic -- Jackson Women’s Health -- told Fowler, “When you Google abortion, CPCs pop up.” Beyond manipulating search terms, fake health clinics also attempt to deceive people by imitating abortion providers. For example, a website for an anti-abortion clinic in Massachusetts contained “a near-verbatim repetition of the stated mission of the abortion clinic nearby,” according to Rewire.News. Felicia Brown Williams, the director of Planned Parenthood Mississippi, explained aspects of this tactic to Fowler, stating:

    “Historically, what we have seen is that many crisis pregnancy centers intentionally use names that are close to either Planned Parenthood or could be easily construed as abortion providers. … They do that in an attempt to, for lack of a better word, trick people into believing that they'll be provided with a full scope of options or at least information on the full scope of options available to them. Often that is not what people receive once they enter inside.”

    Many anti-abortion clinics have also located next to abortion clinics in the hopes of confusing those seeking abortions by having them enter the CPC by mistake. Fowler pointed to a Center for Pregnancies Choices clinic that “is one block away from Jackson Women's Health Center.” She noted, “Volunteers or protestors often stand outside Jackson Women's Health Center and attempt to direct women visiting the clinic to the Center for Pregnancy Choices, telling them they can get a free ultrasound.”

    Fake health clinics offer things like ultrasounds to bolster their appearance as a legitimate medical facility. However, as Fowler explained, because “CPCs are not held to any state or federal standard,” there is no requirement that centers have trained medical professionals on staff. In fact, as Fowler wrote, the pregnancy tests provided at these clinics “are similar to tests found in drugstores and many are self-administered, according to Kimberly Kelly, director of Gender Studies and associate professor of sociology at Mississippi State University.”

    In contrast, as Fowler explained, abortion clinics and Planned Parenthood clinics “are staffed by doctors, nurses and other professionally trained staff.” In Mississippi, she noted, “Jackson Women's Health Center and Planned Parenthood in Hattiesburg offer a range of health care options including pap smears, annual exams, cancer and STI screenings and access to contraception. They are bound by the national Health Insurance Portability and Accountability Act that protects patient privacy.”

    Beyond calling out the deceptive tactics of fake health centers, Fowler also elevated the personal experience of a woman going by the name “Liz” who was tricked into accidentally visiting an anti-abortion clinic after a search engine result suggested she could get an abortion there. Fowler wrote:

    When Liz became pregnant unexpectedly, she turned to Google. After finding a listing for what she thought was an abortion clinic, she scheduled an appointment and made the hour drive from Columbus to Tupelo. She drove to the center with the intent of having an abortion.

    ...

    Her appointment took an unexpected turn. Instead of being able to talk about terminating her pregnancy, Liz was given a baby's bib with a Bible verse on it and sent home.

    She began to cry.

    “My heart felt heavy and my eyes filled with tears,” she said. “I actually had my 15-month-old with me. It stung.”

    Once home, the bib “laid on my deep freezer near my kitchen and was a constant physical reminder of my already difficult decision.”

    “I went to that clinic for help, an open ear,” she said, “not for someone to make me feel like I was going to rot in hell.”

    Shortly after, Liz traveled out of state to get an abortion.

    ...

    “When I walked in that clinic in Memphis, I knew I was in the right place. Those women were there to do a job. They were there to give me a service and to help me, woman to woman, with a hand out instead of a bib.”

    In a state with one abortion clinic and, as Fowler noted, “more than 30 organizations that identify along the lines of a crisis pregnancy center,” stories like Liz’s are common. It is thus critically important that outlets like Clarion Ledger continue to highlight those experiences and call out fake health clinics’ deceptive tactics.

  • How one host on far-right network OANN is pushing conspiracy theories about Planned Parenthood

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    On One America News Network’s Tipping Point with Liz Wheeler, host Liz Wheeler’s segments are light on news, but full of outrage -- with Wheeler frequently alleging that liberals are ignoring right-wing anti-abortion conspiracy theories about Planned Parenthood misusing federal funds, promoting abortion for profit, or engaging in the cover-up of sexual abuse of minors.

    OANN premiered in 2013, established, at least in part, to “provide a platform for a broader spectrum of voices on the right than Fox now offers.” During the 2016 presidential election, the network pushed pro-Trump stories and secured interviews with then-candidate Trump. Since the election, the network has also received some preferential treatment from the Trump administration at press events.

    The Washington Post reported in 2017 that, besides giving positive coverage of Trump during his campaign, one of OANN’s owners also “directed his channel to … encourage antiabortion stories,” including those “about Planned Parenthood’s purported promotion of abortion” that the owner saw on other right-wing media sites. The results of this strategy are nowhere more obvious than on the network’s prime-time show The Tipping Point with Liz Wheeler. Often, host Liz Wheeler’s segments on abortion center on her complete disbelief that liberals don’t buy the latest right-wing conspiracy theories about Planned Parenthood.

    Right-wing media, in general, love to attack Planned Parenthood, making a number of false accusations such as that it sells fetal body parts, that the federal money it receives goes to support abortion care, or that it could be easily replaced by other, noncomprehensive health care centers that actually don't provide a full suite of reproductive health care services. Wheeler has frequently contributed to this echo chamber of misinformation about Planned Parenthood, which is facing possible deep cuts to its federal funding pending potential adoption of new Title X rules. For example, even though the Hyde Amendment prohibits taxpayer funding for abortion, Wheeler claimed in a May 18 segment that as a member of the so-called “abortion lobby,” the organization’s “only goal, politically, is to get taxpayer funding for abortion” and that its “profits are blood money.” Wheeler continued that Planned Parenthood’s “agenda is, as it always has been, unlimited, unrestricted abortion for profit” and that it is opposed to the proposed Title X rules because “they will not give up this money because all they want is unrestricted abortion.”

    Wheeler has also repeatedly elevated a recently resurrected anti-abortion conspiracy theory from 2011 alleging that Planned Parenthood covers up sexual abuse suffered by minors who come to its facilities for abortions. On a June 4 episode, Wheeler accused her guest -- a Democratic strategist -- of being “willing to brush aside the cover-up of sexual assault of children” because he was concerned that “abortion would be targeted, that Planned Parenthood would be targeted” by potential funding cuts.

    Wheeler pushed her position in two subsequent interviews with congressional Republicans who had signed on to a letter calling for an investigation into Planned Parenthood as a result of these allegations. In an interview with Rep. Mike Kelly (R-PA), Wheeler said, “I don’t know where your Democratic colleagues in the House of Representatives are -- why their signatures are missing from this letter?” and said that she felt “disgusted” by “Democrats in Congress” for not signing on. Wheeler similarly opined before an interview with Rep. Vicky Hartzler (R-MO) that “not a single Democrat thinks covering up the abuse of children is worth an investigation. At least not when a Democratic ally like Planned Parenthood is responsible for the cover-up.” According to her, this supposed scandal should “be an issue that would just obliterate party lines.”

    Wheeler also has a knack for tying stories dominating the news cycle to so-called liberal hypocrisy on abortion and Planned Parenthood -- no matter how far-fetched the connection.

    Following the February 14 mass shooting in Parkland, FL, and calls from many for closer scrutiny of the National Rifle Association’s political donations, Wheeler said that not only was it a “hideous lie” that the “NRA buys off politicians in an effort to push a pro-gun agenda that costs the lives of millions of children,” but also that it was “ironic because liberals have no problem with another organization that also donates to politicians and actually does kill millions of children -- Planned Parenthood.”

    Wheeler -- and other right-wing media figures -- also used reactions to the Trump administration’s family separation policy as an opportunity to rail about abortion. Addressing liberals, Wheeler argued, “If you care so much about exploited and abused children, where’s your outrage about the 1 million unborn children who are aborted every single year in our country?” Wheeler then pivoted to the made-up story of Planned Parenthood’s cover-up of sexual abuse to hypothetically ask, “Where is your outrage that Democrats in Congress refuse to call for an investigation into this pattern of Planned Parenthood covering up the sexual abuse of children?”

    In the most bizarre example, Wheeler attempted to downplay the contents of a tape obtained by CNN of a conversation between Trump and his former lawyer Michael Cohen. She tried to draw a parallel between outrage over the tape with what she perceived as a lack of liberal interest in supposed scandals about Planned Parenthood. Wheeler said the tape was “A-OK with the left,” but “secret recordings inside Planned Parenthood exposing law-breaking activity are taboo to the left?” Wheeler was referring to the discredited videos from the Center for Medical Progress falsely purporting to show Planned Parenthood profiting off the sale of fetal body parts.

    Watch this bizarre segment for yourself here:

  • A study about so-called abortion reversal just got pulled because of ethical concerns

    BuzzFeed news reported that a study about the scientifically unproven method to stop an abortion -- championed by anti-choice activists -- lacked "formal ethical approval"

    Blog ››› ››› JULIE TULBERT


    Sarah Wasko / Media Matters

    On July 17, BuzzFeed News reported that a published study about the practice of so-called abortion reversal had been pulled from a scientific journal due to ethical concerns, further proving that one of right-wing and anti-abortion media's favorite talking points is nothing more than harmful junk science.

    BuzzFeed News’ Azeen Ghorayshi wrote that the study by well-known anti-choice personality George Delgado had “been temporarily withdrawn from” the April edition of the Issues in Law & Medicine journal “because [the study] falsely claimed to have received formal ethical approval.” The study hinges on Delgado’s belief that people seeking medication abortions can reverse the procedure by taking only the first pill required in the two-pill regime. The person would then be injected with “a large dose of progesterone to—in theory—reverse the effects of mifepristone” in the first pill. To prove this theory, Delgado set up a hotline in 2012 for people who were seeking abortion reversals and published a limited study about the procedure that same year.

    Delgado’s theory caught fire in right-wing and anti-abortion media, with outlets including The Daily Wire and Live Action publishing accounts from people who had supposedly successfully reversed their abortions. When pro-choice organizations warned that abortion reversal was both scientifically unproven and potentially dangerous, outlets including The Federalist attacked these organizations as “anti-science” and said they were ignoring “the scientific reality of abortion pill reversal for a more ideological reason.” Anti-abortion site Life News inaccurately claimed that opposition to abortion reversal stemmed from a financial incentive for providers to continue performing abortions. Meanwhile, The Weekly Standard alleged that pro-choice advocates didn’t “really want women to choose to change their minds.”

    Then, in April 2018, Delgado and several co-authors published another study alleging the efficacy of the practice in the Issues in Law & Medicine journal. As Ghorayshi reported after publication, “the University of San Diego — which employs two of Delgado’s coauthors — launched an investigation into the study’s ethical approval.” The university then “asked for the paper to be withdrawn, spokesperson Pamela Payton told BuzzFeed News, because it had ‘ambiguous’ wording regarding the university’s ethics board, ‘leading many readers to incorrectly conclude that the [school] reviewed and approved the entire study.’”

    According to Delgado, the issue was “just a technical problem,” and that his team would “redo” the ethics review (although, as BuzzFeed noted, it’s not entirely clear how such a “redo” would work.) However, there is ample reason to believe that even if Delgado could “redo” the ethics review, the outcome would be largely the same because of his ideological viewpoint and the proven structural flaws of his studies.

    As Diane J. Horvath-Cosper, a reproductive health advocacy fellow at Physicians for Reproductive Health, explained to Marie Claire, Delgado appears to have done his work “backwards, with a desired result in mind—one that would support an ideological agenda.” Marie Claire noted that Delgado has previously labeled abortion "a scourge and a plague on our society” and told a caller on a radio show during a 2013 guest appearance that even though the caller had AIDS, “it wasn’t acceptable to use condoms ever.”

    Delgado’s studies in 2012 and 2018 also suffered from several technical flaws. According to The Guardian, the 2012 study was “not done with the oversight of an ethical review committee.” Jezebel similarly reported that it also relied on an extremely small sample size of seven cases -- and Delgado considered only four of these cases successful. Although the April 2018 study had a larger sample size, it still relied on limited case studies, which HuffPost said are “the weakest form of scientific evidence because they lack control groups.” Newsweek further reported that the study “used a wide variety of injected progesterone protocols, ranging from one to more than 10 injections of unknown doses” and did not assess previous levels of progesterone in the subjects’ blood -- further skewing the reliability of the results.

    In general, anti-choice extremists like Delgado are making claims about “abortion reversal” as a tactic to promote the myth that abortion is pathologically linked to regret. In reality, this idea of abortion regret or, as some anti-abortion activists call it, “post-abortion syndrome,” has been widely discredited. To debunk claims that abortion reversal procedures are widely sought by patients who regret their decision, Rewire.News’ Sofia Resnick spoke to abortion provider Gabrielle Goodrick, who estimated “that she has seen six patients out of about 10,000 who did not want to continue their medication abortions after initiating the process” in the 16 years she has been a provider.

    Medical organizations have also weighed in to say that the science doesn’t back claims about reversal. The American Congress of Obstetricians and Gynecologists (ACOG) submitted a report in August 2017 about alleged abortion reversal procedures, stating, “Claims regarding abortion ‘reversal’ treatment are not based on science and do not meet clinical standards.” The report concluded that ACOG “does not support prescribing progesterone to stop a medical abortion.” Dr. Daniel Grossman, director of Advancing New Standards in Reproductive Health at the University of California, San Francisco, told Refinery29, if a person simply decided not to take the second pill for a medication abortion, “there’s a good chance that the pregnancy would continue,” but “there’s no evidence” that injections of progesterone would work to “reverse” an abortion.

    Despite these issues, the junk science of abortion reversal has made its way into state laws in Idaho, Arkansas, South Dakota, Utah, and Arizona, where abortion providers are required to inform patients seeking an abortion that there is an option to reverse it.

    Right-wing media, anti-abortion activists, and some lawmakers may continue to spread misinformation about the dubious efficacy of so-called abortion reversal procedures, but as BuzzFeed’s report demonstrates, the facts are piling up: This practice is based on junk science that is more likely to hurt than help.

  • Trump pushes false anti-abortion talking point claiming there's a lack of public support for Roe​

    ››› ››› JULIE TULBERT

    In a recent interview, President Donald Trump repeated a right-wing, anti-abortion talking point alleging that Americans’ support for abortion is evenly divided. This talking point -- and Trump’s comment -- has emerged as part of the push to confirm Trump’s Supreme Court nominee Brett Kavanaugh and to paint any warnings about his likelihood of overturning of Roe v. Wade as overblown.

  • Don't buy right-wing media's gaslighting: Brett Kavanaugh is a threat to abortion access

    Blog ››› ››› JULIE TULBERT


    Melissa Joskow / Media Matters

    Following President Donald Trump’s nomination of Brett Kavanaugh to the Supreme Court, right-wing media have attempted to downplay the odds that, if confirmed, Kavanaugh would cast a deciding vote on abortion rights. In reality, Kavanaugh’s background demonstrates that he will most likely be key to overturning or further gutting Roe v. Wade -- and such an outcome would have devastating consequences for abortion access in the United States.

    On July 9, Trump nominated D.C. Circuit Court of Appeals Judge Brett Kavanaugh for the Supreme Court to fill a vacancy left after Justice Anthony Kennedy announced his retirement in late June. Kavanaugh’s name was included on a list put out by the White House that was “preapproved by the Federalist Society and the Heritage Foundation.” According to New York magazine, this list was “extremely important to Trump’s relationship with the conservative movement and particularly with conservative Christian leaders.” Subsequently, anti-abortion groups praised Kavanaugh’s nomination as an opportunity to finally overturn Roe v. Wade and put an end legal abortion. And despite right-wing media’s gaslighting, Kavanaugh's record demonstrates that he will likely do just that.

    Kavanaugh’s record on abortion suggests he’ll gladly overturn Roe or further curtail abortion rights

    In 2017, Kavanaugh dissented in a case involving an unaccompanied pregnant immigrant teen (called Jane Doe) who was in federal custody and wanted to have an abortion. The Department of Health and Human Services’ Office of Refugee Resettlement was prohibiting Doe from leaving the facility to have an abortion because the agency did not want to “facilitate” the practice.

    • As BuzzFeed News’ Zoe Tillman explained, Kavanaugh said in his dissent that the original order stopping the abortion was “in line with Supreme Court cases that said the government could have an interest in ‘favoring fetal life’” and “that it was not an ‘undue burden’ for the US government to say it wouldn’t ‘facilitate’ abortions for teens in custody.”
    • ThinkProgress’ Ian Millhiser further argued that “Kavanaugh’s approach” in the case, which would have required Doe to obtain a sponsor in the United States, “very well could have let the Trump administration run out the clock until she could no longer obtain a legal abortion” if the search lasted past Texas’ 20-week cut-off after which abortions are impermissible.

    Beyond the substance of his opinion in the Jane Doe case, others have pointed to Kavanaugh’s reliance on “coded language” as evidence of his underlying intentions about abortion rights.

    • HuffPost’s Laura Bassett pointed out that in his decision, Kavanaugh used “coded language that’s only ever employed by anti-abortion activists” by referring to “abortion on demand.”
    • NBC’s Heidi Przybyla also noted that “code” words like “abortion on demand” are “widely understood to be a signal for … views on Roe.” This language also mirrors that used frequently by right-wing media to fearmonger about abortion and to spread misinformation.

    Kavanaugh’s decision in Doe’s case, as well as his previous comments on abortion-related matters, also demonstrate that he might leave Roe on the books while still obliterating abortion rights.

    • As Slate’s Mark Joseph Stern explained, Kavanaugh has already proved that “he can pretend to adhere to Roe while hollowing out its core holding” as evidenced by his finding that the Trump administration did not place an “undue burden” on Doe’s ability to obtain an abortion.
    • Kavanaugh also praised former Chief Justice William Rehnquist’s dissent in Roe during a speech in 2017 -- which Rewire.News’ Jessica Mason Pieklo noted made sense, given that Rehnquist’s dissent in Roe and Kavanaugh’s dissent in the Jane Doe case both “fundamentally den[y] reproductive autonomy all while purporting to be respecting the bounds of the law.”

    Here’s what abortion access will probably look like with Kavanaugh on the Supreme Court

    Even before Kavanaugh was officially nominated, right-wing media were already claiming that a Trump-nominated justice wouldn’t be that bad for abortion access. However, with Kavanaugh on the court, a decision gutting or overturning of Roe is likely and would have devastating consequences.

    Although some (including Trump) have argued that overturning Roe will only return abortion regulations “back to the states,” this would functionally outlaw abortion across large parts of the country.

    • As the Center for Reproductive Rights’ Amy Myrick told Kaiser Health News’ Julie Rovner, “We think there are 22 states likely to ban abortion without Roe” due to “a combination of factors, including existing laws and regulations on the books and the positions of the governors and state legislatures.”
    • Reva Siegel, a professor at Yale Law School, wrote for The New York Times that returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free rein.

    Independent of how abortion is regulated, economic and logistical barriers that already impede access will only grow worse in a world without Roe. As Carole Joffe, a professor in the Advancing New Standards in Reproductive Health program at the University of California, San Francisco, explained:

    Geographic areas without access to abortion place an extreme burden on the disproportionate number of abortion patients who are poor (50 percent are below the official poverty line and another 25 percent are classified as low income). Besides having to pay for the procedure, they need the funds to pay for lodging (some states have waiting periods of 24 hours or more, necessitating overnight stays), child care (about 60 percent of abortion patients are already parents) and of course for the travel itself. And this journey also involves confronting one or more days of lost wages as well.

    • Historian Rickie Solinger wrote for Vox that people seeking abortions “will be forced to flout the law to achieve personal dignity and safety,” but those “with economic resources will continue to have more options and access than others.”

    Regardless of state regulations, conservatives have recently attempted to push federal regulation on abortion. As author and lecturer Scott Lemieux explained for Vox, “a Republican government with slightly larger Senate majorities than it has now would be able to pass national abortion regulations” that could outright or effectively ban abortion.

    Yet right-wing media are acting like Kavanaugh’s nomination is not a big deal for abortion access and attacking those who are concerned as “overreacting”

    Despite the threat that Kavanaugh poses to abortion rights, right-wing media have been busy gaslighting viewers in an apparent attempt to paint Kavanaugh as a “moderate” or otherwise suggest he wouldn’t overturn Roe:

    • Fox News contributor Katie Pavlich said on Fox News’ Outnumbered she was not “as a woman … worried about” Roe being overturned or losing access to contraceptives, and called such fears “scare tactics.”
    • Fox News contributor Byron York claimed on America’s Newsroom that because Kavanaugh “talked a lot about the role of women in his life” and “has two daughters,” he wouldn’t pose a threat to women’s rights.
    • Fox News host Brit Hume said on Tucker Carlson Tonight that “if Roe v. Wade were reversed, it would not mean that abortion would become illegal across this country.” He argued that saying otherwise “is hysterical and overstated.”
    • The Federalist’s Margot Cleveland wrote that “overturning Roe v. Wade will not criminalize abortion,” but instead would mean that “the question of abortion, and any limits on abortions, would return to the states and in most cases the legislative branch.”
    • The Wrap reported that Fox News host Jeanine Pirro said that she thinks Kavanaugh “will follow precedent” in any decision impacting Roe v. Wade.
    • On Fox News Channel’s Hannity, host Sean Hannity mentioned the “fearmongering has already begun” around Kavanaugh’s nomination. Fox’s Gregg Jarrett agreed, saying that “the left is already conjuring up the hysteria, claiming that this means abortion will be outlawed in America,” which he called a “lie perpetuated by the left.”
    • The Heritage Foundation’s John Malcolm said on Fox Business Network’s Lou Dobbs Tonight that Democrats were “trotting out, as they always do, scare tactics with respect to Roe versus Wade.”
    • American Constitution Union’s Matt Schlapp told Stuart Varney on Fox Business Network’s Varney & Company that “most conservatives and constitutionalists believe” that without Roe, abortion regulation “goes to the states,” which he claimed was just a continuation of what is “already happening” with abortion regulations.
    • On Fox News Channel’s The Daily Briefing with Dana Perino, Judicial Crisis Network’s Carrie Severino downplayed Trump’s promise during the 2016 presidential campaign that he would appoint “pro-life justices” as only “shorthand” used “during the campaign” and that he “can’t actually ask any nominee … how they would rule on a specific issue.”
    • During a segment on Fox News Channel’s Your World with Neil Cavuto, the Federalist Society’s Leonard Leo, who also serves as Trump’s judicial nominations adviser, pointed to a book Kavanaugh wrote about the principle of stare decisis -- the idea that Supreme Court’s previous rulings should be followed -- and said that Kavanaugh’s record shows “he does believe that the courts need to consider precedent.”
    • Responding to a clip of Sen. Kamala Harris (D-CA) talking about the danger Kavanaugh poses for women’s rights, Fox News host Laura Ingraham said, “So, Brett Kavanaugh is essentially -- we’re supposed to believe … -- standing at a Planned Parenthood abortion clinic and barring women from going in.” Guest Rep. Sean Duffy (R-WI) argued that if there was a concern about women’s rights, “how about protecting a woman when she’s in the womb as an infant?”
    • On Fox News’ Fox & Friends, National Rifle Association spokesperson Dana Loesch characterized concerns about abortion access as advocates claiming that Kavanaugh’s nomination “means that women by some magical force field are going to be prevented from going and seeking health care.” She continued that “abortion is not health care, nor is it a constitutional right.”
  • The Supreme Court could overturn Roe v. Wade. Don’t buy these right-wing excuses that it’s not a big deal.

    Blog ››› ››› SHARON KANN & JULIE TULBERT


    Melissa Joskow / Media Matters

    Following the announcement of Supreme Court Justice Anthony Kennedy’s retirement, media have been speculating about the possibility of a nominee selected by President Donald Trump casting the deciding vote overturning Roe v. Wade.

    While some mainstream outlets have rightly warned about the likelihood and negative impacts of overturning, or even further hollowing out, Roe’s protections, many conservative outlets and figures deployed a variety of excuses either to suggest that Roe is not at risk or to downplay any potential negative effects such a move would have. But make no mistake -- the Trump administration and its anti-abortion allies haven’t been shy about their goal: making abortion inaccessible or even illegal in the United States, no matter what the consequences.

    In 2016, then-candidate Trump said in response to a debate question about whether he would overturn Roe: “Well, if we put another two or perhaps three justice on, that’s really what’s going to be — that will happen. And that’ll happen automatically, in my opinion, because I am putting pro-life justices on the court.” Previously, in July 2016, then-vice presidential nominee Mike Pence said that he believed that electing Trump would lead to the overturning of Roe and that he wanted to see the decision “consigned to the ash heap of history where it belongs.” In return, anti-abortion groups have also supported the administration -- a fact underscored by Trump’s keynote address at the anti-abortion group Susan B. Anthony List’s (SBA List) gala in May.

    Despite the administration’s promise, conservative media and figures are deploying a number of inaccurate excuses to either deny or downplay the severity of the threat to abortion rights with another Trump-appointed justice on the court:

    1. Claiming that abortion rights are safe because Roe is precedent, and none of the current justices will vote to overturn it.

    In the aftermath of Kennedy’s announcement, some conservative media argued that abortion rights are not threatened because the sitting justices -- including Chief Justice John Roberts and Trump’s previous nominee Justice Neil Gorsuch -- would be reticent to overturn precedent.

    For example, an editorial in The Wall Street Journal argued that because “the Court has upheld [Roe’s] core right so many times, ... the Chief Justice and perhaps even the other conservatives aren’t likely to overrule stare decisis on a 5-4 vote.” Similarly, during a June 27 appearance on Fox Business Network’s Lou Dobbs Tonight, conservative lawyer Alan Dershowitz claimed that Roe is safe because “true conservatives also follow precedent,” and therefore any conservative appointee would not vote to overturn it. Short-serving former White House Communications Director Anthony Scaramucci said it is unlikely that Roe would be overturned because “the court recognizes that there are certain fundamental principles that are in place and certain presidential precedent-setting principles in place." He concluded, “I know there are conservatives out there that want it to be overturned but I just don't see it happening."

    It appears highly unlikely that the new Supreme Court would keep Roe intact. Slate’s Mark Joseph Stern wrote that Kennedy’s retirement “ensured” that Roe will be overturned -- even if it ultimately will “die with a whimper” as the Supreme Court would allow anti-choice lawmakers to foist “extreme regulations on clinics, outlawing abortion after a certain number of weeks, or barring a woman from terminating a pregnancy on the basis of the fetus’ disability or identity.” As Stern concluded, “the constitutional right to abortion access in America is living on borrowed time.” This argument was also echoed by The Daily Beast’s Erin Gloria Ryan who contended that one more Supreme Court vote against abortion would mean that “the conservative minority in this country will have the power to uphold laws designed to force pregnant women into motherhood.” During the June 27 edition of MSNBC’s Deadline: White House, host Nicole Wallace explained that the impact of Kennedy’s retirement means “actually talking about a future generation growing up with abortion being illegal again” and “young women and men taking the kinds of risks that a generation now hasn't had to consider.”

    2. Arguing that Roe is “bad” law, and therefore a Trump nominee would only be correcting judicial overreach.

    In other instances, conservative media have argued that Roe is "bad" law because the constitution doesn't include a right to abortion. By this logic, they contend, a reversal of precedent is inconsequential because the new nominee would merely be helping correct previous judicial overreach.

    In an opinion piece for The Sacramento Bee, The Daily Wire’s Ben Shapiro argued that Roe v. Wade is a decision that was rendered “without even the most peremptory respect for the text and history of the Constitution,” but that “pleased the Left.” An improved Supreme Court, according to Shapiro, “would leave room for legislatures – Democrats or Republicans – to make laws that don’t conflict with the Constitution.”

    In National Review, Rich Lowry similarly said that Roe “is, in short, a travesty that a constitutionalist Supreme Court should excise from its body of work with all due haste.” Lowry concluded that Roe “has no sound constitutional basis” and implied that it should be overturned because it is an embarrassment for the court.

    The Federalist’s Mollie Hemingway claimed on Fox News’ Special Report with Bret Baier, “Even people who are pro-choice recognize that it was a poorly argued judicial decision.” She also said that Trump does not need to ask the judicial candidates about Roe v. Wade as “so many people regard it as such a poorly reasoned decision.” Fox News contributor Robert Jeffress also said on Fox News’ Hannity that Trump doesn’t need to ask about Roe because “there is no right to abortion.” Jeffress continued that though abortion is “nowhere in the Constitution” there is, however, a constitutionally protected “right to life that has been erased for 50 million children butchered in the womb since 1973.”

    But, as legal analyst Bridgette Dunlap wrote for Rewire.News, these claims that Roe is bad law are part of a conservative tactic to invalidate abortion rights more broadly. She explained: “In order to portray abortion rights as illegitimate, conservatives like to argue—inaccurately—that the Court legalized abortion in Roe v. Wade by inventing a right to privacy that is not grounded in the Constitution’s actual text.” Instead, she noted, Roe is based on the idea that “using the force of law to compel a person to use her body against her will to bring a pregnancy to term is a violation of her physical autonomy and decisional freedom—which the Constitution does not allow.”

    In addition, Roe is not just an important acknowledgement of the right to legally access abortion care -- even if states have already chipped away at the accessibility of that care. As Lourdes Rivera of the Center for Reproductive Rights explained in the National Law Journal, overturning Roe would impact the right to privacy and mean “uprooting a half-century of judicial decision-making, with profound consequences for our most cherished rights and essential freedoms.” Lawyer Jill Filipovic similarly wrote for Time magazine that “if Roe is done away with under the theory that privacy rights don’t exist, this could mean that there is no constitutional right to birth control, either.” In addition, she said, “cases that came after Roe, including Lawrence v. Texas, which invalidated a Texas law that criminalized sex between two men, were decided on similar premises — and could be similarly imperiled.”

    3. Claiming that abortion would not be completely outlawed because regulatory power would merely be “returned to the states.”

    A common argument by conservative media -- and in some cases, Trump himself -- is that an overturning of Roe would merely return abortion regulations to the states and not completely outlaw the practice.

    For instance, according to Fox News guest and constitutional attorney Mark W. Smith, even if Roe were overturned, it wouldn’t “outlaw abortion” in the United States, it would just allow “states and voters [to] decide what to do about abortion.” Fox News commentator Andrew Napolitano also made this claim, saying the “worst case scenario” is that if Roe “were to be repealed or reversed, the effect would be the 50 states would decide” their own abortion regulations. This inaccurate claim was also made during segments on CNN and MSNBC. During a June 27 appearance on CNN Newsroom with Brooke Baldwin, CNN legal commentator and former Virginia Attorney General Ken Cuccinelli argued that “all overturning Roe v. Wade does is” give the regulation power “to the states.” The Weekly Standard’s Bill Kristol made a similar claim on MSNBC Live with Velshi and Ruhle, when he argued that overturning Roe would merely “kick [abortion regulation] back to the states.”

    In reality, sending abortion regulation “back to the states” would functionally outlaw abortion access across large parts of the country. As Reva Siegel, a professor at Yale Law School wrote for The New York Times, returning the issue to the states would be disastrous because already, “27 major cities are 100 miles or more from the nearest abortion provider, and we can expect these ‘abortion deserts’ in the South and the Midwest to spread rapidly” if states are given free reign. New York magazine’s Lisa Ryan similarly reported that currently “there are only 19 states in which the right to abortion would be secure” if Roe is overturned.

    This landscape could easily worsen with anti-abortion groups turning their attention more directly to legislation on the state level rather than the federal level. As HuffPost’s Laura Bassett noted, a number of “abortion cases are already worming their way through the lower courts” that could further entrench abortion restrictions in a number of states. In 2016, ThinkProgress explained what a world before Roe looked like: “Wealthy women were able to access safe, though illegal, abortions, but everyone else had to risk their safety and sometimes their lives, and doctors had to risk going to jail.”

    4. Casting blame on abortion rights supporters for “overreacting” or trying to “attack” any Trump nominee on principle.

    Another common reaction among conservative media has been to cast blame back on abortion rights supporters. In this case, right-wing media have attacked supporters of Roe for “overreacting” to the potential loss of abortion rights, and accused others of opposing Trump’s nominee not on facts, but on principle.

    For example, during the June 27 edition of Fox Business’ Making Money with Charles Payne, guest and attorney Gayle Trotter argued that abortion rights supporters were just “trying to scare people” in order to “defeat the president’s nominee.” Federalist Society Executive Vice President Leonard Leo also echoed this argument during a June 27 appearance on Fox News’ Special Report with Bret Baier. According to Leo, “The left has been using the Roe v. Wade scare tactic since 1982, when Sandra O’Connor was nominated. And over 30 years later, nothing has happened to Roe v. Wade.”

    Similarly, on June 29, Trump supporters and YouTube personalities Lynnette Hardaway and Rochelle Richardson, popularly known as Diamond and Silk, appeared on Fox News’ Fox and Friends to discuss potential replacements for Kennedy. During the segment, Diamond asked why Democrats were “fearmongering” and “going into a frenzy” before knowing the nominee or their position on abortion. After interviewing Trump on Fox Business about his thought process for nominating Kennedy’s replacement, Maria Bartiromo said on the Saturday edition of Fox & Friends Weekend she believed that “all of this hysteria” about a potential overturn of Roe was being "a little overdone” by the left.

    Pro-choice advocates are not “overreacting” to potential attacks on the protections afforded by Roe. As journalist Irin Carmon explained on MSNBC Live with Craig Melvin, Kennedy’s retirement “is the point that the conservative movement, that the anti-abortion movement, has been preparing for for 40 years” by “taking over state legislatures and passing laws that are engineered to chip away at the abortion right.” Carmon said that even with Kennedy on the bench, “access to abortion, and in many cases contraception, was a reality [only] on paper already.” Now, “it is disportionately Black and brown women who are going to suffer with the regime that is going to come forward.” Attorney Maya Wiley similarly argued on MSNBC’s The Beat that overturning of Roe would mean “essentially barring a huge percentage of women from huge swaths of the country from access” to abortion.

    5. Claiming that there’s no public support for Roe or abortion access.

    Polling shows a large majority of Americans support the outcome of Roe. But some right-wing media personalities have said that such findings ignore other polling about Americans’ supposed support for restrictions on later abortion.

    For example, The Weekly Standard’s John McCormack argued on Fox News’ Outnumbered Overtime that the claims of support for abortion access are inaccurate because there is a “great misunderstanding about Roe v. Wade” and the impact it has on abortion restrictions and that “there is actually pretty popular support for second trimester regulations.” This talking point has been used elsewhere, such as by the Washington Examiner and anti-abortion outlet Life News, in an attempt to discredit perceived support for Roe.

    The argument deployed by McCormack has also frequently been used by right-wing outlets in the past -- despite the disregard such an argument shows for the complexities involved in abortion polling. As Tresa Undem, co-founder and partner at the public-opinion research firm PerryUndem, wrote for Vox, most “standard measures” that are used “to report the public’s views on abortion ... don’t capture how people really think” about the issue. In contrast to right-wing media and anti-abortion claims, polling done by Harvard T.H. Chan School of Public Health and Hart Research Associates shows that support for later abortions goes up when people realize that abortions in later stages of pregnancy are often undertaken out of medical necessity or for particular personal circumstances.

    As Trump prepares to announce his selection for the Supreme Court on Monday, July 7, right-wing and conservative media will only offer more of these excuses to downplay that Roe v. Wade is firmly in the crosshairs.

  • The Supreme Court just enabled fake health clinics to lie to patients

    Right-wing media are calling it a "win" for the First Amendment

    ››› ››› JULIE TULBERT & SHARON KANN

    On June 26, the Supreme Court decided National Institute of Family and Life Advocates (NIFLA) v. Becerra in favor of a network of fake health clinics. Right-wing media and anti-abortion organizations framed the decision as a “win” for the First Amendment, but those outlets (and even some more mainstream ones) ignored that these clinics are harmful and actively deceive people seeking abortions.