AUL - Phony Compromise

Freedom of Conscience

Above:Dr. Charmaine Yoest & the AUL Legal Team.

On Monday, February 4, Americans United for Life filed our third amicus curiae brief supporting legal challenges to the Obama Administration’s unconstitutional “HHS mandate.” AUL’s Dr. Charmaine Yoest noted “The Obama Administration is violating the American freedom of conscience by forcing private businesses to either pay for abortion-inducing drugs or risk going out of business. This is an unconstitutional overreach which tramples on the American Dream.”

AUL filed the brief before the Seventh Circuit Court of Appeals in Cyril Korte v. U.S. Department of Health and Human Services, on behalf of Drury Development Corporation, Drury Southwest, Inc., and Drury Hotels Company, LLC, and six national medical associations including the Association of American Physicians & Surgeons and the Catholic Medical Association.  The Drury family of companies employs over 3,400 full-time employees. Read more.

On February 1 the Department of Health and Human Services (HHS) released a new notice of proposed rulemaking (NPRM) governing its mandate that employers provide insurance that covers (without a co-pay) life-ending drugs and devices such as ella. In response, AUL President and CEO, Dr. Charmaine Yoest called NPRM a “phony compromise.”  AUL Staff Counsel, Anna Franzonello also noted in her legal analysis that the “NPRM is even narrower than the protections it had previously entertained.”  She explains that the proposed “accommodation” fails to consider for-profits and non-religiously-affiliated organizations as worthy of the accommodation or an exemption. AUL continues to defend freedom of conscience, planning to file at least six more amicus curiae briefs in support of on-going challenges to the HHS mandate this spring.  

Read AUL’s response to the new proposed HHS rules.

Read Legal Analysis.

In the States

AUL continues to protect against prenatal discrimination as Missouri and North Dakota legislatures reintroduced our model ban on sex-selection abortions last week. This bill prohibits abortions for reasons of gender or genetic abnormality, ensuring that we build an inclusive community of citizens which welcomes all people regardless of gender or perceived abilities. Read more.

In line with an integral part of AUL’s strategic plan to empower families, Oklahoma has introduced a bill to enhance its parental consent law.  If passed, this will be one of the strongest parental involvement laws in the nation. Read more.

 2013 Life List

The annual AUL Life List continues to drive pro-life state policies.  Dan McConchie, Vice President of Government Affairs, was quoted in Bloomberg recently on the influence of the Life List stating, “We actually have states competing with each other to be the most protective in the country.” Read full article here.

 Attorney Spotlight:
Mailee Smith, Staff Counsel for Americans United for Life

Ms. Smith’s abortion-related areas of expertise include informed consent, ultrasound requirements, abortion bans, and medically-appropriate regulation of Mifeprex (the RU-486 regime). She also brings legal expertise to the area of bioethics, such as bans on or regulation of destructive embryo research, human cloning, and human egg harvesting.

Mailee also works on AUL’s amicus curiae briefs.  AUL’s most recent brief on behalf of Drury Hotels and six national medical associations defends freedom of conscience against the threats inherent in the HHS mandate. 

Read more.

In the News

Staff Counsel, Anna Franzonello in Politico.

VP of Government Affairs, Dan McConchie in a Bloomberg article. 

  On the Horizon 

AUL continues to protect freedom of conscience and plans to file at least six briefs this spring in challenges to the HHS mandate.  Currently, the American people have brought more than 40 legal challenges to the mandate involving more than 110 plaintiffs. 

AUL - Watch Video of AUL's Roe Symposium

Roe Symposium Video Now Online

Our recent symposium, The Future of Roe: Women, Health and Law in the Obama Era is now available on our website.

This symposium, held January 24, 2013 at the National Press Club, examines the political, medical and legal impacts of abortion on women and American culture.  Distinguished speakers include Americans United for Life President and CEO, Dr. Charmaine Yoest, commentator Bill Kristol, The Weekly Standard; Gerard Bradley of Notre Dame Law School; Dr. Monique Chireau of Duke University School of Medicine; Dr. Priscilla Coleman of Bowling Green State University; Dr. Donna Harrison, Director of Research and Public Policy for AAPLOG; Ed Whelan of the Ethics and Public Policy Institute; Helen Alvaré of George Mason Law School; Laura Garcia of Boston College; and a special message by disabilities spokesperson, Joni Eareckson Tada.

AUL Demands Real 1st Amendment Protections as HHS releases "Phony Compromise" Regulations in Obamacare

“The Obama Administration is trying to gerrymander the regulations but continues to leave most Americans without their Constitutional freedoms,” said AUL’s Dr. Charmaine Yoest.

WASHINGTON, D.C. (2/1/13) – “With another phony compromise, the Obama Administration continues to insult the intelligence of the American people and trample our Constitutionally-guaranteed rights,” said AUL’s President and CEO Dr. Charmaine Yoest, as the Health and Human Services Department released additional regulations for Obamacare. “Our Freedom of Conscience, which is guaranteed by the First Amendment has been violated by Obamacare and these new regulations do not resolve the offense.” At issue are Obamacare mandates which force Americans to purchase insurance coverage for life-ending drugs and devices mislabeled as contraception as well as engage in other abortion-related activities.

“Today’s phony compromise from Health and Human Services only serves to illustrate the problem with Obamacare,” said Dr. Yoest. “The Obama Administration is trying to gerrymander the regulations but continues to leave most Americans without their Constitutional freedoms. The regulation is clear that the Obama Administration’s intent is to limit religious liberty to houses of worship. Meanwhile Christian universities, for-profit businesses - like the Bible publisher Tyndale and Hobby Lobby - or individuals are still forced to subsidize Big Abortion. The Obama Administration’s implementation of the Affordable Care Act (ACA) violates the First Amendment Conscience rights of Americans, and that must be stopped.”

More detailed analysis of the regulations will be available within the hour at www.aul.org.

As the pro-life source of model legislation, AUL developed an opt-out bill that has been used by eight of the 18 states that have opted-out of offering insurance plans that cover abortion in the state Exchanges required under Obamacare. AUL has also filed amicus briefs in the following on-going cases, arguing that parts of Obamacare are not Constitutional because of violations of First Amendment Conscience Rights: Belmont Abbey College v. Sebelius, Wheaton College v. Sebelius, Nebraska v. Sebelius, and O’Brien v. U.S. Department of Health and Human Services.  In addition, AUL filed a joint brief with other pro-life allies in United States Department of Health and Human Services v. Florida before the United States Supreme Court. For more on AUL’s efforts to protect Conscience rights, click here to learn more and view a unique video, “Who put THE CON in contraception?”

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Americans United for Life (AUL) is a nonprofit, public-interest law and policy organization whose vision is a nation in which everyone is welcomed in life and protected in law. The first national pro-life organization in America, AUL has been committed to defending human life through vigorous judicial, legislative, and educational efforts at both the federal and state levels since 1971.

AUL's legal team has been involved in every abortion-related case before the U.S. Supreme Court including the successful defense of the Hyde Amendment. AUL also publishes Defending Life, the most comprehensive state-by-state legal guide of its kind, which is distributed annually to legislators across the nation.

Recently, Americans United for Life detailed the facts on taxpayer-funding of abortion during the debate over federal health care legislation, provided legal assistance to states working to opt out of abortion provisions created by federal health care law, and has played a major role in educating policymakers on the record of President Obama’s then-nominees to the U.S. Supreme Court.

AUL - Can You be Forced to Post a Scarlet "A" for Abortion?

Americans United for Life’s Leaders Head to Richmond, Virginia Today for Free Speech Case Arguments in the Fourth Circuit Court of Appeals

“Forcing pregnancy care centers to post a Scarlet Letter dislcaimer is a violation of their free speech and conscience rights. And AUL is standing with PCCs in our amicus brief,”
says AUL’s Dr. Charmaine Yoest

Americans United for Life President and CEO Dr. Charmaine Yoest and members of the AUL team will be in Richmond today for the Fourth Circuit Court of Appeals arguments in Greater Baltimore Center for Pregnancy Concerns v. Mayor and City Council of Baltimore and Centro Tepeyac v. Montgomery County. At issue are ordinances enacted in Baltimore and Montgomery County requiring pregnancy care centers (PCCs) to post signs and make certain disclaimers regarding the services they do not offer.  For example, the Baltimore ordinance requires PCCs to post signs that they “d [o] not provide or make referral for abortion or birth control services.” 

“Pregnancy care centers operate across the country, staffed primarily by volunteers, helping women and girls who are pregnant and those who are new mothers make life-affirming decisions,” said Dr. Yoest. “To force them to post a Scarlet Letter disclaimer and point women away from life-affirming options is a violation of their First Amendment rights.” 

AUL filed an amicus brief in the Baltimore case on behalf of Care Net, Heartbeat International, National Institute of Family and Life Advocates, and several Baltimore area PCCs, demonstrating that PCCs abide by stringent standards and seek to provide the best care and counseling for women. For more information, click here.

AUL 2.0: Future Pro-Life Leaders on Nickelodeon Taking on Gloria Steinem and Feminism for Women’s History Month

Raising up the next generation of pro-life leaders, AUL’s Dr. Yoest took her 15-year-old daughter Helena to New York City last week to debate Gloria Steinem for a special program taped for Nickelodeon.  Slated to air in March during Women's History Month, the show will look at the history of feminist activism and debate the future of the Equal Rights Amendment. Joining Helena was Claire Nance, daughter of Penny Nance, the President of Concerned Women for America, and Meridian Paulton, daughter of John Paulton of Focus on the Family.  The special edition of “Nick News” was hosted by feminist activist and documentary producer Linda Ellerbee, with seven other teenagers and a special appearance from 78-year-old feminist icon Gloria Steinem.

“It was a great opportunity for Helena to meet Gloria Steinem and Linda Ellerbee and engage in a debate on the future of feminism,” said Dr. Yoest. “The taping was very intense and spirited. All three girls did a remarkable job representing our pro-life, pro-woman, pro-motherhood world-view.  I was deeply proud of Helena, Claire and Meridian.  They had to work hard to make their points, but their positive, upbeat, optimistic viewpoint on the strength and unique worth of women was inspirational and even moving.  Their courage and commitment in speaking out in a hostile environment provides real hope for the future of our movement.” 

During the two and half hour of taping, the girls were asked who their heroes are. Both Helena and Claire mentioned the work of pro-life heroine and President of Live Action, Lila Rose, who has exposed the anti-woman tactics of the abortion industry with her undercover videos.  

“I couldn’t be more proud of three brave girls who stood their ground for the rights and dignity of all women, born and unborn,” said Dr. Yoest.

AUL’s Maxon Says 40 years of Abortion Harms Women and Girls “physically, mentally, and even socially by telling them to deny their true potential”

At a prestigious media briefing on the impact of 40 years of extreme abortion policies on American culture, Americans United for Life Vice President of External Affairs and Corporate Counsel Jeanneane Maxon noted that the people most hurt by the radical abortion policies of the United States have been women and girls “who have been told that they are inadequate to handle both work and family and must act like men to make it in a man’s world. The abortion industry has allowed women to be harmed physically, mentally, and socially by telling them to deny their true potential and insisting they choose either work or family, because they’ll never succeed at both.”

Maxon made her remarks at the National Press Club as part of an event organized by The Justice Foundation of San Antonio, Texas, along with influential pro-life leaders such as Dr. Martin Luther King’s niece Dr. Alveda King, the National Spokesperson for Silent No More Awareness Campaign; and Allan Parker, attorney and President of The Justice Foundation. To read Maxon’s full remarks, click here.

Planned Parenthood Loses Again: Sixth Circuit Refuses Once More to Strike Down Ohio’s

Regulation of RU-486

The Sixth Circuit Court of Appeals late last week denied Planned Parenthood’s request that the court revisit its prior decision in Planned Parenthood Southwest Ohio v. DeWine, upholding Ohio’s regulation of RU-486. In October, the Sixth Circuit rejected Planned Parenthood’s challenge to the 2004 Ohio law requiring that abortion providers dispense RU-486 only in the manner approved by the Food and Drug Administration (FDA).   

Rather than “using as directed,” the abortion industry has been handing out life-ending drugs using unapproved protocols that violate the restrictions established by the FDA, and some women have died. And yet, the abortion industry went to court to fight for the right to continue with these potentially deadly practices.

In 2011, the FDA reported that 14 women had died after using the Mifeprex regimen, and eight of these women had died from a bacterial infection. In all eight deaths, the Mifeprex regimen had been administered in a manner unapproved by the FDA.  Significantly, no woman has died from bacterial infection following use of the Mifeprex regimen as approved by the FDA. 

To learn more on this case, click here.

Hassan For Governor - Ovide Lamontagne’s Terrible, Horrible, No Good, Very Bad Week

MANCHESTER – Despite this being his fourth run for major public office, the past week has been extremely tough for Ovide Lamontagne, especially when it comes to issues important to middle-class families. From opposing equal pay laws to dropping in the polls to being forced to address his radical ideas on women’s health care and more, Ovide Lamontagne had what can only be described as a terrible, horrible, no good, very bad week.

In contrast, Maggie Hassan continued building strong momentum for her vision to create jobs and keep the economy moving forward, taking a six-point lead in the latest UNH poll and receiving endorsements from the New Hampshire Troopers’ Association, the New Hampshire Association of Police, and the Keene Sentinel.

The choice for New Hampshire voters was clear on a daily basis:

Sunday, October 21:
Ovide’s week got off to a rough start when, at a Manchester debate, the very first question – submitted by a member of the audience – asked about a woman’s right to make her own health care decisions, forcing Ovide to once again avoid his radical ideas that would restrict health care choices for women and make basic services like birth control, cancer screenings, and breast exams more expensive. Ovide responded by saying, “I’m disappointed that Maggie and her supporters continue to raise an issue that is not central to this election.” Unfortunately for Ovide, that very same day, a front-page Concord Monitor story reported[i] that Lamontagne would defund Planned Parenthood, supports a constitutional amendment to make all abortions a crime, and opposes a woman’s right to choose even in cases of rape or incest, and that he has been courting national anti-choice groups like the Susan B. Anthony List, which endorsed Lamontagne’s campaign last week.

At the very same time the debate was taking place, Ovide’s taped interview on WMUR’s Close Up program was causing him more problems, as he once again tried to mislead voters and hide his radical opposition to accepting federal funds for critical New Hampshire projects. When Lamontagne was asked if he would have accepted federal stimulus funds for the Manchester Airport access road project, Ovide again tried to mislead voters by stating, "Well I sure would have if I were governor of the state of NH. If I were in Congress, I would take a different position." [WMUR, 10/21/12] Lamontagne is on record dozens of times opposing the federal stimulus and has even gone as far as attacking former Attorney General and current U.S. Senator Kelly Ayotte for using stimulus funds to help start a NH Cold Case Unit.[ii]

Monday, October 22:
Monday would be no better for Ovide, as a national website reported that Lamontagne voiced opposition to laws that require equal pay in the workplace for men and women, stating “I don’t know that it’s appropriate for the government to continue to micromanage the workplace.” Ovide went on to indicate that he was unaware of a New Hampshire law intended to require pay equity between men and women. The remarks again demonstrated how far out of touch Lamontagne is with the issues that matter to New Hampshire women and how much his radical ideas would hurt middle-class families. [ThinkProgress.org, 10/22/12]

Tuesday, October 23:
Ovide’s radical comments on equal pay continued to make waves, with U.S. Senator Jeanne Shaheen commenting “Pay discrimination doesn’t just hurt employees.  It endangers the families who depend on the women who are working. This is not about micromanaging business. It’s about what’s fair for families in New Hampshire and across this country.” [Union Leader, 10/23/12] But the news got even worse for Lamontagne when the latest poll conducted by the University of New Hampshire Survey Center poll showed a six-point lead for Hassan– and 13-point lead among women –indicating significant momentum behind Maggie’s campaign.

Additionally, it appears that the misleading personal attack on Maggie Hassan’s family might be causing a backlash, as WBIN interviewed a group of women Republicans who were highly upset about the ad, with one saying “I think think it's ridiculous. Whoever started that ad didn’t look into the whole idea." [WBIN, 10/23/12]

Wednesday, October 24:
Things continued to spiral for Lamontagne on Wednesday, as New Hampshire news outlets reported on his campaign’s tortured attempts to walk back Ovide’s radical opposition to equal pay laws.  As the Union Leader reported, a Lamontagne campaign spokesman claimed, “Is it the government’s role to come in and say, ‘You will be paid X dollar amount in relation to another employee making X dollar amount? That’s what he means by micro-managing,” reinforcing Ovide’s initial statement opposing common-sense pay equity protections.

But Ovide had just what he was looking for to change the subject: an event featuring a who’s who of failed governors, including Chris Christie, the governor of the 47th ranked state in economic growth; former Governor Craig Benson, who was plagued by ethical problems during his one term in office; John H. Sununu, who increased state general fund spending in each of his budgets by more than 20 percent; and Steve Merrill, father of the Business Enterprise Tax.  

Thursday, October 25:
Just when Ovide thought he had seen the worst of it, the Keene Sentinel released their endorsement of Maggie Hassan, touting her as “a respectful voice of reason and conscience.” Conversely, the Sentinel blasted Lamontagne for his radical ideas saying his “insistence that his staunchly conservative views on abortion, gay marriage and other social issues are simply not important in this election. The issues are there, whether simmering quietly or boiling over as they did recently under the current Legislature. For Lamontagne to say they shouldn’t matter to voters, while at the same time signing conservative social advocacy group pledges, attending earlier this year an anti-gay marriage rally and saying he’ll sign conservative social legislation if it crosses his desk, is disingenuous at best. The past two years have put New Hampshire’s long tradition of personal freedom in jeopardy, and Hassan stands as an antidote to those who would further chip it away.”

Friday, October 26:
Finally, Ovide has decided to cap his anti-women themed week by campaigning with Mark Steyn, a radically right-wing, anti-women media personality. Steyn has repeatedly issued attacks on women’s rights and prominent women in politics, including Elizabeth Warren, Sandra Fluke and Michelle Obama, and who has called woman’s right to choose “frivolous,” reinforcing Ovide Lamontagne’s own extreme views on women’s issues.

“You would think by the fourth time through Ovide would be better at this, but it seems there is no way for him to escape his radical ideas that would hurt middle class families and New Hampshire’s economy,” said Matt Burgess, Maggie Hassan’s campaign manager. “Maggie will keep New Hampshire moving forward, with an innovation plan to create jobs and help businesses grow, while Ovide Lamontagne’s agenda will take New Hampshire radically backwards.”

Ovide Lamontagne has said he would be a “radically different” governor than Governor Lynch[iii], with extreme positions like rejecting federal funds for local schools[iv] and ignoring rising tuition costs caused by cuts to higher education.[v] He supports plans to dismantle Medicare[vi], criminalize abortion and limit insurance coverage for birth control[vii], and defund Planned Parenthood, increasing costs for critical health care services for New Hampshire women and families.[viii]

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[i] Social Issues Simmer, Concord Monitor, 10/21/12
[ii] Federal grant may fund cold case unit, Eagle Tribune, 5/24/09; Lamontagne takes aim at rival Ayotte, Union Leader, 7/22/0
[iii] http://www.youtube.com/watch?v=nkr_WSOovsk&feature=relmfu
[iv] Ovide rejected federal money to help K-12 NH public schools raise educational standards [Concord Monitor, 8/9/2010] and has said he would do it again [WGIR, 7/24/2012]
[v] Ovide has said tuition increases were not of “utmost concern” [WMUR, 9/6/2012]
[vi] Ovide believes state legislature should opt-out of Medicare and run program itself [Ovide2012.com, Union Leader, 2/10/2012]; supports Paul Ryan’s voucher program to end Medicare as we know it [NH Farm Bureau, 8/2012];
[vii] Supports a “Human Life Amendment” that outlaws all abortion, and even some forms of birth control and fertility treatments [Cornerstone debate, 6/5/2010]
[viii] Ovide supports Bill O’Brien’s decision to completely eliminate Planned Parenthood funding [NHPTV, 2012]