Q&A: The Abortion Battle’s Next Phase

Originally published in The American Prospect on July 12, 2016.
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In a landmark ruling last month, the Supreme Court struck down a package of Texas abortion restrictions known as Targeted Regulation of Abortion Providers (TRAP) laws. Such laws, which have proliferated around the country, typically restrict abortion access by imposing rigid and expensive hospital-style mandates on clinics. The Court’s ruling in the case, known as Whole Woman’s Health v. Hellerstedt, found that the restrictive Texas TRAP laws were unconstitutional because they placed an “undue burden” on women, and marked a major victory for the reproductive rights movement. The American Prospect’s Rachel Cohen spoke with Ilyse Hogue, the president of NARAL Pro-Choice America, which helped lead the challenge to the Texas TRAP laws, to ask about the ruling’s implications for abortion access and for the upcoming election. This is an edited transcript of that conversation.

Rachel Cohen: Now that the Supreme Court has struck down TRAP laws, what’s next on the agenda for anti-choice opponents?

Ilyse Hogue: Over the years, [abortion opponents] have realized that honesty can only get them so far in terms of achieving their goal of ending legal abortion. TRAP laws were really a way to deceive the public, cloaking their efforts around the idea of protecting women’s health. The Supreme Court just eviscerated the anti-choice posturing that TRAP laws are in any way about women’s health.

So one of their favorite tools just got taken away from them. They are reeling, but they are not the type to take their ball and go home. We’re anticipating them pushing forward on a number of different fronts. I think they will step up their harassment at clinics—harassing patients and doctors. And we’ve seen some really insidious things from state legislatures, like recently an effort in Missouri to force clinics to turn over their private medical records to the state. I think we’re going to see anti-choice opponents continue to pour resources into crisis pregnancy centers, which are just another way to deceive women.

How will the reproductive rights movement respond?

We are pushing back on their crisis pregnancy center efforts. In California last year, legislators passed the Reproductive FACT Act, which sets a national model for requiring all crisis pregnancy centers to be really clear with their patients about what they do and don’t do. Other states are looking at California’s law, and I think it’s very much at the top of legislators’ minds for the beginning of 2017.

We’ve also seen states where pro-choice legislators are filing to appeal TRAP laws that are already on the books, like Daylin Leach, a Democratic state senator, in Pennsylvania. And we’re working as a movement to step up litigation and public education to repeal the rest of those laws around the country. Importantly, we’re really moving to a position where we will not just fight anti-choice lies and deception, but where we can actively push for legislation that expands access to abortion. For example, a number of states are looking at medical abortion, and allowing nurse practitioners to provide abortion services. California already has that and other states are looking at it.

On top of this, we’ve got two pieces of federal legislation that are picking up momentum. The Women’s Health Protection Act, which would enforce and protect the right of a woman to decide for herself whether to continue or end a pregnancy, and the Equal Access to Abortion Coverage in Health Insurance Woman Act, which would repeal the Hyde Amendment and ensure that abortion services could be covered under federal health insurance.

NARAL recently released a statement calling the Democratic Party platform “the strongest platform for reproductive freedom we have ever seen.” What’s so significant about it?

The platform is a symbolic statement of values, as well as a navigation tool for what kinds of legislative and public policy remedies there are for the issues that we face. So the fact that it explicitly calls for the repeal of the Hyde Amendment, as well as the Helms Amendment, [which restricts U.S. foreign aid from paying for abortion services] is huge. It acknowledges that there have been discriminatory practices both here and abroad against women who want to control our own reproductive destiny.

The reproductive justice movement deserves an enormous amount of credit for getting us here. Reproductive freedom in the 21st century is acknowledging that we are whole beings. There is not one group of women who gets abortions, and others who go on to be parents. We are just the same women at different times in our lives, making the decisions that are best for us and our families. That the platform takes a step towards acknowledging that is a real testament to the economic and reproductive movements that have come together.

How long will it take Texas and the other states with TRAP-style restrictions to restore abortion access to women?

I’m really glad you asked that question. The answer is too long and it varies state by state. Texas is five times the size of other states, so it will take longer there. But what’s important in answering that question is acknowledging that in the minds of the extreme anti-choice minority, this was a scorched-earth strategy. They always knew they could lose at the Supreme Court, but the amount of damage they were able to do in the meantime, in terms of clinics on the ground, in terms of women who could not access services—that’s significant damage that can never be fully undone.

While it’s important to win, we can’t actually let them gain such ground in the future. We can’t just depend on Supreme Court strategies when it comes to ensuring women access to our basic rights.

That brings us to the election. What role do you expect abortion and reproductive health to play in state and federal races?

We have to be very focused, not only on getting our champion into the White House, but on the down-ballot races, because the harm is coming disproportionately from state legislatures.

We’ve been doing a lot to hold incumbents accountable for the unbelievable amount of times they’ve tried to restrict access to abortion. Their constituents did not elect them to do that, especially at the expense of all the important business that has not gotten done. In both the federal election and for local and state races, we’re making sure voters have the information to hold their officials accountable.

This is a long-term project. We’ve got to make gains in 2016, and come 2020 and 2022, I think we’re going to start seeing some of these state legislatures really shifting on these issues.

In the 2012 election, Todd Akin, a Republican candidate from Missouri lost his race, in large part because of his outrageous comments about “legitimate rape.” Are we seeing similar types of remarks from Republicans this year?

I think people have been trained to be more careful, because when they speak their truth they find themselves at odds with the majority of their constituents. These anti-choice candidates don’t want to talk about their position once they get to a general election because they know they’re on the wrong side, and they don’t win elections if they do. We saw that so clearly in 2014 when Scott Walker, three weeks before his Wisconsin election, ran an ad saying he supports legislation to provide women with more information and to leave the final decision to a woman and her doctor. This is coming from a man who had done more to legislate abortion out of existence than every previous governor before him.

But I think what’s changed between 2012 and 2016 is that back then, the pro-choice movement was able to leverage those off-the-cuff Republican statements. But we’re not going to wait for them now. We’re going straight to the voters to remind them about their officials’ records. We did that really recently in New Hampshire with an  ad campaign targeting Republican Senator Kelly Ayotte, reminding her constituents about all the anti-choice work she spent her time working on, when they didn’t want her to.

What about Donald Trump? He went so far as to say that women should be punished for getting abortions, but then quickly walked it back.

Donald Trump is not playing by the anti-choice or the GOP rulebook in any way, and we know that. One thing that’s super important to me from where I sit at NARAL, but also as an American, and as a mom, is just the way he’s giving voice and credibility to deeply-held misogynistic ideas. I think he will do tremendous damage whether he wins or not, because he has given permission to this very dark underbelly that does not represent what we need to be or what we can be. This is especially true when it comes to his misogyny, and his willingness to dehumanize women. I think particularly because he is facing a woman opponent we’re going to see a new wave of misogynistic activists who feel like they have the high ground.

How has Obama been on reproductive rights? NARAL endorsed Hillary Clinton in January. Might Hillary be different from him?

Obama has been a great backstop against the endless assault by the anti-choice majority in Congress. He has vetoed every bill we’ve needed him to veto in no uncertain terms. But what we need now is a leader in the White House who centralizes these ideas about reproductive freedom as human rights, integral to the health and security of women and families in America. That’s not really been the center of his presidency, and I think it will be the center of Hillary Clinton’s.

Hillary on Charters: Yes and No

Originally published in the The American Prospect on July 6, 2016.
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On Tuesday morning, as the FBI issued a recommendation to not indict Hillary Clinton for her use of a personal email server while secretary of state, the presumptive Democratic presidential nominee came before more than 7,500 delegates at the National Education Association’s Representative Assembly in Washington, D.C., and praised public charter schools—to the audible dismay of some of the delegates—while condemning for-profit ones.

The moment of tension emerged when Clinton started to discuss replicating the success of “great schools”—including public charter schools. She noted there had been too much focus on so-called “failing” schools.

Though Clinton has been a long-time supporter of school choice, and her husband helped to catapult charters to the national stage when he was president, she took heat from charter school advocates in November when she remarked that “most charter schools … don’t take the hardest-to-teach kids, or, if they do, they don’t keep them.” Although an adviser emphasized shortly thereafter that Clinton remains a “strong supporter” of public charter schools, many reformers remained leery of her commitment.

But on Tuesday, Clinton gave charters a shout-out, resulting in the loudest boos she received the entire morning. “We’ve got no time for these education wars!” Clinton told the crowd. Facing the evidently anti-charter audience, Clinton quickly pivoted to denouncing for-profit charter schools, saying, “We will not stand for [them].”

The Representative Assembly is the annual conference for the NEA, the nation’s largest labor union, which gathers each summer to set its political agenda for the coming year. The union, with its nearly three million members, endorsed Clinton in October, following the American Federation of Teachers, which endorsed her last July. Throughout the campaign, Clinton’s ideas around public education have been much debated, with self-proclaimed reformers worried she would be hostile to their policies, while many rank-and-file teachers remained skeptical that Clinton would stand up for unions and fight efforts to privatize public schools. 

Despite these concerns, the mood in the plenary hall on Tuesday was overwhelmingly enthusiastic; members wore “Educators for Hillary” T-shirts, waved signs in support, and cheered with excitement.

“I want to say right from the outset that I’m with you,” Clinton told the audience early on in her speech. She promised that if elected, educators will “have a partner at the White House” and that they’ll “always have a seat at the table.”

Clinton framed her education policy proposals around the slogan of “TLC,” or teaching, learning, and community. She threw out a lot of ideas that met eager applause, from raising teacher salaries to reducing the role of standardized testing, to creating universal preschool for every child. She discussed “repairing crumbling schools” and making general investments in school facilities and technology.

Clinton’s rhetoric on charters mirrors language in the recently released Democratic Party platform, which says the party is committed to providing parents with “high-quality public school options” and expanding such options—namely neighborhood schools and charters—for low-income children. The platform comes out against for-profit charter schools, which it says are “focused on making a profit off public resources.”

According to the National Alliance of Public Charter Schools (NAPCS), a charter advocacy group, just under 13 percent of charters are run by for-profit companies, though in cities like Detroit, more than 80 percent of charter schools are run by for-profits. However, the distinction between for-profit and nonprofit is often messier than groups like NAPCS readily admit: Nonprofit charters can still hire for-profit management companies to run their schools.

Some states have begun banning for-profit charter schools, or passing laws that make opening them more difficult. Last year, California legislators tried to ban for-profit charter schools from operating in their state, but Democratic Governor Jerry Brown vetoed the bill, saying he did not “believe the case has been made to eliminate for-profit charter schools in California.” The momentum against for-profit schools has clearly grown more pronounced since then, and also reflects growing divisions within the education reform coalition, between those who champion market-based reforms, and those who push for greater accountability.

In her speech, Clinton also denounced her likely opponent, Donald Trump, who enthusiastically endorsed charter schools during a March primary debate and has said he opposes Common Core standards and “may cut the Department of Education.”

The NEA carries formidable political weight. According to the union, its members represent one out of every 58 general election voters. Rallying those teachers who preferred Senator Bernie Sanders for president to not only vote for Clinton in November but also help campaign for her will be a pressing priority for the union’s leadership.

Following the speech, the union released a statement saying that Clinton’s remarks “held no punches in articulating a clear and inspiring vision of opportunity for every student in America, regardless of ZIP code.”

What Would a Sanders Administration Do on K-12 Education?

Originally published in The American Prospect on June 16, 2015.
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P
residential candidate Bernie Sanders has excited his base with some bold ideas surrounding higher education. He’s said college should be a right, that public universities should have free tuition, and that public universities should employ tenured or tenure-track faculty for at least 75 percent of instruction, as a way to reduce the growing dependence on cheap adjunct labor. But Sanders’ stances on K-12 issues—arguably more contentious topics for politicians to engage with compared to higher ed and universal pre-K—have garnered far less attention.

Here’s what we know so far:

1. He wants to roll back standardized testing, but still supports Common Core.

Sanders opposes the expansion of standardized testing we’ve seen through the No Child Left Behind Act (NCLB); he argues that such tests narrow school curriculum and hurt student creativity and critical thinking. However, this past March he voted against an amendment that would have allowed states to opt-out of the Common Core standards without a federal penalty. The amendment also would have barred the federal government from “mandating, incentivizing, or coercing” states into adopting the standards.

2.  He supports expanding the school day and year.

Sanders is a member of the Health, Education, Labor and Pensions (HELP) Committee and in 2011, he worked to raise support for expanding the school day and year. Citing research on “summer learning loss”—Sanders notes that low-income students stand to lose much of what they learn if they’re denied extra-curricular enrichment opportunities. He also secured more funding for after-school and summer learning opportunities in Vermont.

3. He wants to see teachers paid more, and is a defender of pensions.

Sanders believes all educators, from early childhood workers up to college instructors should be paid more. He said, “Something is very wrong when, last year, the top 25 hedge fund managers earned more than the combined income of 425,000 public school teachers. We have to get our priorities right.” And while he believes the public pension crisis “must be addressed” he is more interested in reigning in Wall Street to solve it than reducing retiree payments.

4. He opposes Big Money in politics, but has not taken a clear position on the role of Big Money in education.

Sanders has come out strongly against oil companies, pharmaceutical manufacturers, and other special interests that pour money into politics. Citing these groups as a threat to true democracy—he wants to overturn Citizens United and push for publicly funded elections.

However, whether he will bring the same critical rhetoric to the foundations, consultants, and hedge fund managers shaping education policy remains to be seen. As Anthony Cody, the co-founder of Network for Public Ed pointed out recently, Sanders has yet to speak very clearly on these issues, but his opposition to Big Money elsewhere leads one to think that it’s at least a reasonable possibility.

5. He wants to strengthen who can be considered a “highly qualified” teacher.

The American Association of Colleges for Teacher Education honored Sanders in 2012 for his “outstanding support” for educator preparation programs. In 2011 he introduced the Assuring Successful Students through Effective Teaching Act, which would aim to strengthen the definition of what a “highly qualified” teacher is considered to be, and work to reduce the number of unqualified teachers working in needy schools.

6. He has an unclear position on charter schools, but opposes vouchers.

He voted for the Charter School Expansion Act of 1998, but has not engaged much in the polarized charter debate since. Vermont is one of the few states that do not permit charter schools, in part because the Vermont public education system already allows for “school choice” in other ways. However, Sanders is a strong supporter of teacher unions and collective bargaining, so if he does come to back charters, his support is unlikely to be paired with the type of anti-union rhetoric common in the charter advocacy world.

He also opposes private school vouchers, favoring an expanded federal investment in public schools instead.

So we have some insights, but questions remain. Ultimately if Bernie Sanders wants to win over progressive liberals and campaign as a left alternative to Hillary Clinton, he’ll have to start speaking more explicitly about K-12 education in the coming months.

FLOTUS Is More Than a Charming Wife and Mother

Originally published in the JHU Politik on March 4th, 2013.

Last week a video of Michelle Obama “mom dancing” on Late Night with Jimmy Fallon went viral on the Internet. She also made an appearance at the Academy Awards to present the award for Best Picture. These recent events reinforce what we know so well about her: Michelle is a classy, fit, and stylish woman. A devoted wife and a loving mother, she fills the First Lady position with grace.

And yet, when I think about her role in the White House, I can’t help but feel, on some level, real disappointment.

Michelle Obama attended Princeton University and Harvard Law School. She then worked in a Chicago law firm and on behalf of Chicago mayor, Richard M. Daley. Yet this side of Michelle—the impressive, ambitious intellectual—is too often concealed from the public. If it’s acknowledged at all, it’s merely to show that she appreciates first-hand the promise of the American Dream and how hard it can be for individuals to make ends meet. But really, that’s about the full extent.

We could say everyone behaves like that—we live in an anti-intellectual society and everyone minimizes his or her scholarly side. And to some extent, we do. One needn’t look further than a few years back to recall President George W. Bush publicly criticizing his Ivy League pedigree in an attempt to gain a more populist appeal. However it’s undeniable that President Obama portrays himself as a thoughtful, smart and reserved leader. This is his public image. He’s known for being a constitutional law professor, a reader of Philip Roth and Herman Melville, and the President of the Harvard Law Review.

Michelle, like her husband, is an eloquent speaker; we saw this with her moving remarks at the Democratic National Convention. But even that speech, like so many of her speeches, downplayed her professional achievements and emphasized her role as a wife and a mother. She concluded with, “You see, at the end of the day, my most important title is still mom-in-chief.” This is her public image.

Perhaps this is all strategic: have Michelle be the endearing figure to provide her husband the space to work on more difficult goals. But , even if this is so, it should not be accepted without scrutiny.

When I think about inspirational First Ladies I think of Hillary Clinton and Eleanor Roosevelt. Hillary Clinton took on one of the most politically challenging obstacles of the day—health care reform. Eleanor Roosevelt fought for racial equality and labor standards. Both women were vociferously attacked, but I admire them for their bravery. They worked hard to bring light to uncomfortable topics.

Michelle’s path has followed Laura Bush’s and Nancy Reagan’s. Laura Bush worked to promote literacy, while Nancy Reagan counseled children to “Just Say No” to drugs. Michelle is working to combat obesity and promote healthy nutrition. It’s not that these things are unimportant, but they aren’t particularly “brave” either.

I’d like to see the smart and accomplished Michelle speak out on some of the tougher issues we face. Low-income housing? Parental leave policy? Education reform? The list could be very long, and there is certainly room (and need) for her to tackle something else alongside her nutrition campaign. Besides, sociological determinants such as quality housing, income-level, and education contribute to the choices people make in nutrition. By taking on the battles of deeper disparities, Michelle could not only meet the goals of her nutrition campaign, but also address inequities that permeate society.

Michelle is darling, but I want her to be bold. She is arguably the most powerful woman in the country, and has a real opportunity to use her influence, intelligence, and popularity to bring some political attention to hard issues. She has the approval and good will of the public. She should use it.

We know she loves her husband. We know she loves her children. But we also know there is a whole lot more to her than that and her chic demeanor. I hope in the future to read fewer headlines about her bangs, cool dresses, and shades of nail polish.

Call me crazy, but I believe there is much more to Michelle Obama than we have been privileged to see.

photo credit: usmagazine.com

photo credit: usmagazine.com