Life Advocacy Briefing
December 4, 2017
All Hands on Deck! / Conservative Judge Confirmed for D.C. Circuit
That’s Tax Reform! / Ohio Moves Against Targeting of Down Syndrome Babies
No-Brainer? / Senate Voting Record / House Voting Record
All Hands on Deck!
A FIGHT IS BREWING over the President’s nomination of Kyle Duncan to the 5th Circuit Court of Appeals, based in New Orleans, which hears appeals from Mississippi and Texas, as well as Louisiana. The Duncan nomination was considered in a Senate Judiciary Committee hearing last week, but the panel has yet to take a vote.
GOP Sen. John Kennedy (LA) is withholding support from the nomination, questioning Mr. Duncan’s Louisiana roots despite his birth and education in the state and his appointment by Louisiana’s attorney general to act as chief legal counsel in defending the state in major lawsuits, including over pro-life legislation. The trouble is, Sen. Kennedy’s vote is needed – assuming negative votes from the committee’s Minority Members – to move the Duncan nomination to the full Senate. Readers are urged to contact Sen. Kennedy at 1-202/224-4623 at his DC office and/or at 1-504/581-6190 in New Orleans, and ask him to vote “yes” on the Kyle Duncan nomination. And those who have friends in Louisiana are asked to contact their friends and ask them to call.
Kyle Duncan is a former solicitor general of Louisiana, whose current attorney general, former US Rep. Jeff Landry (R) last week, in a commentary in The Hill, called Mr. Duncan “the Neil Gorsuch of Louisiana.” And Mr. Landry noted, “As general counsel of Becket Fund, an organization that defends the free exercise of religion for all faiths, [Mr.] Duncan oversaw the successful Hobby Lobby challenge to ObamaCare’s mandate. That was the case,” wrote Mr. Landry, “in which a closely held company argued that the chain’s provision of abortifacients for its employees violated the owners’ religious freedom.”
A LifeSiteNews.com story by Fr. Mark Hodges notes, “[Mr. Duncan’s] conservative credentials were furthered by his defense of state pro-life safety laws in a lawsuit brought on by abortion businesses. … He has also,” writes Fr. Hodges, “defended pro-life waiting periods and ultrasound informed consent laws.”
The president of the pro-life Susan B. Anthony List (SBA List), Marjorie Dannenfelser was quoted in the LifeSiteNews story: “‘Kyle Duncan is a brilliant attorney with wide-ranging experience across the legal spectrum, including his bold defense of religious liberty.’” And the report quotes Americans United for Life counsel Deanna Wallace, a Louisiana native: “‘Kyle’s decades of experience, his respect for the Constitution and his scholarly approach to the law make him an excellent choice.’”
This one is key. Don’t neglect to make those calls now to support Kyle Duncan’s nomination!
Conservative Judge Confirmed for D.C. Circuit
THE U.S. SENATE LAST WEDNESDAY VOTED 50 to 48 to confirm Gregory Katsas to the DC Circuit Court of Appeals, a critical appellate post lodged in the nation’s capital. We publish in this edition of Life Advocacy Briefing the Senate voting record on his confirmation and a procedural roll call on proceeding to the question.
Judge Katsas is a former law clerk for Supreme Court Justice Clarence Thomas, a strong credential for any judicial appointee. As significantly for the cause of Life, he was the lead government attorney in defending the federal Partial-Birth Abortion Ban while he was serving in the Justice Dept. during the administration of Pres. George W. Bush. He also defended actions to prevent implementation of Oregon’s abetted suicide statute. In private practice, he led a challenge to ObamaCare’s individual mandate.
His appointment by Pres. Trump fills a vacancy opened by retirement in August of DC Circuit Judge Janice Rogers Brown, whose confirmation during the Bush years was one of the top goals of American conservatives.
That’s Tax Reform!
THE ABORTION LOBBY IS WORKED UP over a provision in the House version of the tax-cut proposal currently being deliberated in Congress.
Their beef? “‘The bill allows unborn children to qualify for education savings accounts called “529 Plans,”’ said Andrew Guernsey, senior legislative assistant at the Family Research Council (FRC),” quoted by Doug Mainwaring for LifeSiteNews.com. “This is ‘a big pro-life win,’ he continued. ‘It gets the unborn recognized in the tax code.’”
Now if the House can just hang onto this reform in its wrangling with the Senate. Time to pray!
Ohio Moves Against Targeting of Down Syndrome Babies
BOTH HOUSES OF THE OHIO LEGISLATURE have sent to Gov. John Kasich (R) a proposal to outlaw abortions on Down syndrome babies based on their diagnosis. The measure passed both houses in November on a 20-to-12 vote in the State Senate and a 63-to-30 vote in the House.
The medical journal Prenatal Diagnosis has reported, writes Fr. Mark Hodges for LifeSiteNews.com, “that up to 85% of pregnant women who receive a Down syndrome diagnosis abort their child.”
Ohio Right to Life president Mike Gonidakis, quoted by Fr. Hodges, “thanked legislators ‘for taking a stand against the modern-day eugenic practice of aborting babies with Down syndrome. … All Ohioans, regardless of gender, skin color or disability, deserve the right to live out their God-given potential and purpose,’ he said” in the LifeSiteNews report.
Abortionists who violate the ban if it becomes law, reports Fr. Hodges, will face “a loss of license with up to $5,000 in fines and up to 18 months in jail.” Mothers who consent to such abortions will not be subject to penalties under the law.
No-Brainer?
Nov. 27, 2017, BreakPoint commentary by John Stonestreet
On Nov. 13th, the Supreme Court agreed to hear a case that could potentially affect the work of crisis pregnancy centers across the country. It’s called National Institute of Family & Life Advocates v. Becerra.
The issue in the case is the constitutionality of California’s “Reproductive FACT Act.” “FACT” is an acronym that stands for “Freedom, Accountability, Comprehensive Care and Transparency.”
The Act requires “unlicensed covered facilities” to “disseminate a notice to all clients … stating, among other things, that California has public programs that provide immediate free or low-cost access to comprehensive family planning services, prenatal care and abortion, for eligible women.”
Despite the neutral-sounding phrase “unlicensed covered facilities,” the Act was squarely aimed at only one kind of facility: pro-life pregnancy centers. This becomes obvious when you take into account what the Act has to say about, of all things, font sizes [size of printed type].
“Licensed centers,” i.e., Planned Parenthood clinics and similar facilities, must display the above-mentioned notice in 22-point font on standard-sized paper. Pregnancy care centers, on the other hand, have to use at least 48-point font. What’s more, they must also “include [the] disclaimer in all public advertisements in a font larger than the surrounding text.”
If that isn’t evidence enough, there’s the statements of the Act’s supporters. The Petition for Certiorari says that “The State of California admits that the purpose of the Reproductive FACT Act is to target the speech of pro-life centers … . [U]nfortunately, there are nearly 200 licensed and unlicensed clinics known as crisis pregnancy centers (CPCs) in California,” which aim to discourage and prevent women from seeking abortions and that often confuse [and] misinform women.”
Balderdash.
As the petition also points out, “The legislative history [of the Act] contains no evidence that crisis pregnancy centers … actually misinform women.”
As National Review’s Alexandra DeSanctis rightly put it, “California lawmakers crafted this law specifically to target crisis pregnancy centers because they dislike these centers and their pro-life speech.”
She quoted Steve Casey, an Alliance Defending Freedom-allied attorney, who compared the law to requiring “McDonald’s … to advertise that they don’t sell Whoppers” or requiring Home Depot “to advertise that it doesn’t sell dresses or tennis shoes.”
Add abortion providers’ obvious financial incentive to undermine pregnancy-care centers and “it is clear that the [Act] is, in essence, a government subsidy of abortion clinics by means of coerced advertising.”
Given all of this, the unconstitutionality should be obvious. Yet it wasn’t to the 9th Circuit Court of Appeals, which upheld the California law. This despite the fact that federal judges in Maryland and elsewhere have overturned similar laws. And despite that, by the 9th Circuit’s own admission, the California law was “content-based.”
The 9th Circuit did so despite the long history of Supreme Court decisions that look askance on viewpoint-based discrimination and compelled speech. As the petition points out, “the Court has emphasized that the 1st Amendment protects not only the right of a speaker to choose what to say but also the right of the speaker to decide what not to say.”
As the Supreme Court has said, “The First Amendment requires heightened scrutiny whenever the government creates a regulation of speech because of disagreement with the message it conveys.”
That’s exactly what’s going on here. So I’m thankful that the Court has agreed to hear this appeal and hopeful it will rebuke California for its egregious violation of free speech. And when it does, I’d love it if the Court would use a 48-point font to get its message across.
Senate Voting Record
Confirmation of Gregory Katsas to DC Circuit Court of Appeals – Confirmed – Nov. 28, 2017 –
50-48 (Democrats in italics; “Independent” marked with “I”)
Voting “yes” / pro-Life: Shelby & Strange/AL, Murkowski & Sullivan/AK, Flake/AZ, Boozman & Cotton/AR, Gardner/CO, Rubio/FL, Isakson & Perdue/GA, Crapo & Risch/ID, Young/IN, Ernst & Grassley/IA, Moran & Roberts/KS, McConnell & Paul/KY, Cassidy/LA, Collins/ME, Cochran & Wicker/MS, Blunt/MO, Daines/MT, Fischer & Sasse/NE, Heller/NV, Burr & Tillis/NC, Hoeven/ND, Portman/OH, Inhofe & Lankford/OK, Toomey/PA, Graham & Scott/SC, Rounds & Thune/SD, Alexander/TN, Cornyn & Cruz/TX, Hatch & Lee/UT, Capito & Manchin/WV, Johnson/WI, Barrasso & Enzi/WY.
Voting “no” / anti-Life: Feinstein & Harris/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Duckworth & Durbin/IL, Donnelly/IN, Kennedy/LA, King(I)/ME, Cardin & VanHollen/MD, Markey & Warren/MA, Peters & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Cortez-Masto/NV, Hassan & Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Heitkamp/ND, Brown/OH, Merkley & Wyden/OR, Casey/PA, Reed & Whitehouse/RI, Leahy & Sanders/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.
Not voting: McCain/AZ & Corker/TN.
Procedural motion on Confirmation of Gregory Katsas to end debate and vote – Adopted – Nov. 27, 2017 – 52-48 (Democrats in italics; “Independent” marked with “I”)
Voting “yes” / pro-Life: Shelby & Strange/AL, Murkowski & Sullivan/AK, Flake & McCain/AZ, Boozman & Cotton/AR, Gardner/CO, Rubio/FL, Isakson & Perdue/GA, Crapo & Risch/ID, Young/IN, Ernst & Grassley/IA, Moran & Roberts/KS, McConnell & Paul/KY, Cassidy/LA, Collins/ME, Cochran & Wicker/MS, Blunt/MO, Daines/MT, Fischer & Sasse/NE, Heller/NV, Burr & Tillis/NC, Hoeven/ND, Portman/OH, Inhofe & Lankford/OK, Toomey/PA, Graham & Scott/SC, Rounds & Thune/SD, Alexander & Corker/TN, Cornyn & Cruz/TX, Hatch & Lee/UT, Capito & Manchin/WV, Johnson/WI, Barrasso & Enzi/WY.
Voting “no” / anti-Life: Feinstein & Harris/CA, Bennet/CO, Blumenthal & Murphy/CT, Carper & Coons/DE, Nelson/FL, Hirono & Schatz/HI, Duckworth & Durbin/IL, Donnelly/IN, Kennedy/LA, King(I)/ME, Cardin & VanHollen/MD, Markey & Warren/MA, Peters & Stabenow/MI, Franken & Klobuchar/MN, McCaskill/MO, Tester/MT, Cortez-Masto/NV, Hassan & Shaheen/NH, Booker & Menendez/NJ, Heinrich & Udall/NM, Gillibrand & Schumer/NY, Heitkamp/ND, Brown/OH, Merkley & Wyden/OR, Casey/PA, Reed & Whitehouse/RI, Leahy & Sanders/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.
House Voting Record
HRes-600 – Procedural Motion to end debate on Rule providing for consideration of HR-849 –Protecting Seniors Access to Medicare Act (to Abolish ObamaCare’s Independent Payment Advisory Board [‘Death Panel’]) – Nov. 2, 2017 – 230-193 (Democrats in italics)
Voting “yes” / pro-Life: Aderholt, Byrne, Palmer, Roby, Rogers/AL; Young/AK; Biggs, Franks, Gosar, McSally, Schweikert/AZ; Crawford, Hill, Westerman, Womack/AR; Calvert, Cook, Denham, Hunter, Issa, Knight, LaMalfa, McCarthy, McClintock, Nunes, Rohrabacher, Royce, Valadao, Walters/CA; Buck, Coffman, Lamborn, Tipton/CO; Bilirakis, Buchanan, Curbelo, DeSantis, Diaz-Balart, Dunn, Gaetz, Mast, Posey, F.Rooney, T.Rooney, Ros-Lehtinen, Ross, Rutherford, Webster, Yoho/FL; Allen, Carter, Collins, Ferguson, Graves, Handel, Hice, Loudermilk, A.Scott, Woodall/GA; Labrador & Simpson/ID; Bost, R.Davis, Hultgren, Kinzinger, LaHood, Roskam, Shimkus/IL; Banks, Brooks, Bucshon, Hollingsworth, Messer, Rokita, Walorski/IN; Blum, King, Young/IA; Estes, Jenkins, Marshall, Yoder/KS; Comer, Guthrie, Massie, Rogers/KY; Abraham, Graves, Higgins, Johnson, Scalise/LA; Poliquin/ME; Harris/MD; Amash, Bergman, Bishop, Huizenga, Mitchell, Moolenaar, Trott, Walberg/MI; Emmer, Lewis, Paulsen/MN; Harper, Kelly, Palazzo/MS; Graves, Hartzler, Long, Luetkemeyer, Smith, Wagner/MO; Gianforte/MT; Bacon, Fortenberry, Smith/NE; Amodei/NV; Frelinghuysen, Lance, LoBiondo, MacArthur, Smith/NJ; Pearce/NM; Collins, Donovan, Faso, Katko, King, Reed, Stefanik, Tenney, Zeldin/NY; Budd, Foxx, Holding, Hudson, McHenry, Meadows, Pittenger, Rouzer, Walker/NC; Cramer/ND; Chabot, Davidson, Gibbs, Johnson, Jordan, Joyce, Latta, Renacci, Stivers, Tiberi, Turner, Wenstrup/OH; Cole, Lucas, Mullin, Russell/OK; Walden/OR; Barletta, Costello, Dent, Fitzpatrick, Kelly, Marino, Meehan, Perry, Rothfus, Shuster, Smucker, Thompson/PA; Duncan, Norman, Rice, Sanford, Wilson/SC; Noem/SD; Blackburn, DesJarlais, Duncan, Fleischmann, Kustoff, Roe/TN; Arrington, Babin, Barton, Brady, Burgess, Carter, Conaway, Culberson, Farenthold, Flores, Gohmert, Granger, Hurd, S.Johnson, Marchant, McCaul, Olson, Poe, Ratcliffe, Sessions, Smith, Thornberry, Weber, Williams/TX; Bishop, Love, Stewart/UT; Brat, Comstock, Garrett, Goodlatte, Griffith, Taylor, Wittman/VA; Herrera-Beutler, McMorris-Rodgers, Newhouse, Reichert/WA; Jenkins, McKinley, Mooney/WV; Duffy, Gallagher, Grothman, Sensenbrenner/WI; Cheney/WY.
Voting “no” / anti-Life: Sewell/AL; Gallego, Grijalva, O’Halleran, Sinema/AZ; Aguilar, Barragan, Bass, Bera, Brownley, Carbajal, Cardenas, Chu, Correa, Costa, Davis, DeSaulnier, Eshoo, Garamendi, Gomez, Huffman, Khanna, Lee, Lieu, Lofgren, Lowenthal, Matsui, McNerney, Napolitano, Panetta, Pelosi, Roybal-Allard, Ruiz, Sanchez, Schiff, Sherman, Speier, Swalwell, Takano, Thompson, Torres, Vargas, Waters/CA; DeGette, Perlmutter, Polis/CO; Courtney, DeLauro, Esty, Himes, Larson/CT; Blunt-Rochester/DE; Castor, Crist, Demings, Deutch, Frankel, Hastings, Lawson, Murphy, Soto, Wasserman-Schultz, Wilson/FL; Bishop, Johnson, Lewis, D.Scott/GA; Gabbard, Hanabusa/HI; Bustos, D.Davis, Foster, Gutierrez, Kelly, Krishnamoorthi, Lipinski, Quigley, Rush, Schakowsky, Schneider/IL; Carson, Visclosky/IN; Loebsack/IA; Yarmuth/KY; Richmond/LA; Pingree/ME; Brown, Cummings, Delaney, Hoyer, Raskin, Ruppersberger, Sarbanes/MD; Capuano, Clark, Keating, Kennedy, Lynch, McGovern, Moulton, Neal, Tsongas/MA; Conyers, Dingell, Kildee, Lawrence, Levin/MI; Ellison, McCollum, Nolan, Peterson, Walz/MN; Thompson/MS; Clay, Cleaver/MO; Kihuen, Rosen, Titus/NV; Kuster, Shea-Porter/NH; Gottheimer, Norcross, Pallone, Pascrell, Payne, Sires, Watson-Coleman/NJ; Lujan, Lujan-Grisham/NM; Clarke, Crowley, Engel, Espaillat, Higgins, Jeffries, Lowey, C.Maloney, S.Maloney, Meeks, Meng, Nadler, Rice, Serrano, Slaughter, Suozzi, Tonko, Velazquez/NY; Adams, Beatty, Butterfield, Jones, Price/NC; Fudge, Kaptur, Ryan/OH; Blumenauer, Bonamici, DeFazio, Schrader/OR; Boyle, Brady, Cartwright, Doyle, Evans/PA; Cicilline, Langevin/RI; Clyburn/SC; Cohen, Cooper/TN; Castro, Cuellar, Doggett, Gonzalez, A.Green, G.Green, Jackson-Lee, E.B.Johnson, O’Rourke, Veasey, Vela/TX; Welch/VT; Beyer, Connolly, McEachin, Scott/VA; DelBene, Heck, Jayapal, Kilmer, Larsen, Smith/WA; Kind, Moore/WI.
Not voting: Brooks/AL; Peters/CA; Barr/KY; Upton/MI; Bridenstine/OK; Gowdy/SC; Black/TN; Hensarling/TX; Pocan & Ryan/WI.