Life Advocacy Briefing

Question of the Week

WHEN WILL THE U.S. HOUSE VOTE on repeal of the FACE Act? The rule for its consideration has been issued by the House Rules Committee. Next step: Consideration of HR-589 by the full House. It is sponsored by Rep. Chip Roy (R-TX), with 39 co-sponsors. (Capitol switchboard: 202/225-3121)

Judicial Confirmations Begin

THE FIRST SET OF PRESIDENT DONALD TRUMP’s 2^nd TERM JUDICIAL NOMINEES are seeing votes in the US Senate. We will endeavor to report for our readers the voting records of Senators on pertinent motions, the first of which appear at the close of this Life Advocacy Briefing.

Whitney Hermandorfer of Tennessee was confirmed on July 15 by a vote of 46-42. She was targeted by leftwing organizations for various of her views, including her advocacy of the right to Life. Her background includes service as a law clerk for Supreme Court Justices Samuel Alito and Amy Coney Barrett and clerked for Justice Brett Kavanaugh when he was a DC Circuit Court judge. She replaces an Obama-era appointed judge on the 6^th Circuit Court of Appeals, which covers cases from Kentucky, Michigan, Ohio and Tennessee.

She has most recently served as director of strategic litigation in the office of Tennessee Attorney General Jonathan Skrmetti, where she supported the state’s near-total abortion ban, according to Newsweek.

As we were writing this edition, the Senate voted to invoke cloture on the judicial nomination of Joshua Divine, another pro-life pick, whose background includes current service as Missouri’s Solicitor General after working as chief counsel for Sen. Josh Hawley (R-MO). He previously clerked for US Supreme Court Justice Clarence Thomas. He has been nominated as federal District Judge for the Eastern & Western Districts of Missouri.* We expect to report on his confirmation in our next Life Advocacy Briefing and publish today the cloture voting record on Mr. Divine along with the two votes on Judge Hermandorfer.  

We find noteworthy some of the published objections of Sen. Richard Durbin (D-IL) to the Divine nomination, quoted from a Durbin statement published by the Senate Judiciary Committee: “He [Mr. Divine] has taken extreme positions on reproductive rights … . He has referred to himself as a ‘zealot’ for the anti-choice movement. This zealotry has been on full display in his role as Missouri Solicitor General. He has challenged women’s ability to access the drug mifepristone and has undermined the decision of Missouri voters to codify abortion access in their state constitution.

“Previously, he wrote,” declared Sen. Durbin, “that ‘because we know a genetically unique human comes into existence at fertilization, abortion should not be ethically permitted.’ Taken at face value, it appears, although he wouldn’t answer the question when I asked him, that he opposes in vitro fertilization or IVF.’”

Pending nominations with pro-life connections include Zachary Bluestone and Maria Lanahan, nominated to the US District Court for the Eastern District of Missouri. Phone calls to Senators advocating their confirmation are urgently needed. (Senate Capitol switchboard: 202/224-3121)

*This is how his nomination is being characterized, though we do not pretend to understand the combination of the two districts in this nomination.

A New Angle

NEW LEGISLATION HAS BEEN FILED by Rep. Brandon Gill (R-TX) to forbid the abortion cartel from dumping fetal remains into public water systems. He is joined in HR-4131 by co-sponsoring GOP Representatives Doug LaMalfa (CA), Marjorie Greene (GA), Mary Miller (IL) and Marlin Stutzman (IN). The bill has been assigned to consideration by the House Committee on Energy & Commerce.

The same bill has been filed in the Senate as S-2172 by Sen. Jim Banks (R-IN), co-sponsored by his Indiana GOP colleague, Sen. Todd Young. It has been assigned to the Senate Committee on Health, Education, Labor & Pensions.

The measure is a response to a stunning report from Liberty Counsel Action, which, reports Calvin Freiburger for LifeSiteNews, “warns that as many as 40 tons of aborted fetal remains and abortion pill byproducts have seeped into America’s water supply, thanks to serious deficiencies in the oversight of how the abortion industry disposes of its ‘medical waste.’ The full effects are unknown,” the reporter writes, “but one possible consequence could be infertility.

“The report notes,” writes Mr. Freiburger, “that the US Environmental Protection Agency (EPA) itself explains that standard wastewater treatment facilities ‘are not designed to remove pharmaceuticals,’ and are not required to remove all organic matter.”

And the nation’s policymakers and journalists scratch their heads over the rising infertility rates in the US? Is the cause not obvious?

Said Rep. Gill, quoted by Mr. Freiburger, “‘Every life is precious and has value, from the moment of conception until natural death. Not only does abortion rob an unborn baby of their life but abortionists further rob them of a dignified burial by carelessly discarding their fetal remains into public water systems – a disgusting and abhorrent practice.

“‘This careless disregard of human body parts signifies the depraved disregard for the sanctity of life at abortion clinics,’ he continued,” quoted by LifeSiteNews. “‘Beyond the moral outrage, introducing fetal remains into public water systems also poses a serious public health concern, potentially contaminating water sources.’”

The report on which the bill is based “argues,” reports Mr. Freiburger, “that both federal and state governments need to update their regulations on the disposal of fetal remains and calls on Congress to ‘hold hearings and require updated research on our oceans, lakes and rivers, seeking concrete information on whether and how chemical abortion pills and related byproducts (developing skulls, placentas, other fetal remains, etc.) are impacting the environment, particularly to determine whether they are adversely affecting human and animal health and vitality via possible emerging diseases or anomalies (or have the potential to). Similarly,’” the report continues, “‘the EPA should require testing and monitoring of our water supply for the presence of mifepristone metabolites, similar to how it does for “forever chemicals”.’”

Speak Up for Those Who Cannot Speak

July 6, 2025, The Washington Stand commentary by Gwyn Andrews

             The day my parents went in for my sonogram, their hearts were full of joy and excitement. They were eager to find out my gender and celebrate the new life they were bringing into the world, but they would leave that appointment distraught. They were quickly met with what my mom described as a “very abrasive” doctor. Instead of joyful news, they were told that my heart had a spot – something called an echogenic focus – which some doctors consider a soft marker for Down syndrome.

             My mother later documented the experience in her journal. She wrote: “He said our chances of a Down syndrome baby were doubled and asked if we wanted amniocentesis – because we only had a couple more weeks if we wanted to terminate the pregnancy (have an abortion).”

             As someone who has personally faced the temptation of abortion, I can’t imagine what my parents must have been going through at that moment. I found all of this out years later – when I was unexpectedly pregnant with my first daughter. My mom shared her journal with me then. Reading her words and realizing that a doctor once considered me worthless over a possible diagnosis was devastating. What made it worse was learning that the diagnosis they used to devalue me had less than a 1% chance of being accurate. Yet even that small possibility was enough for a medical professional to immediately suggest ending my life.

             Later in her journal, my mom wrote about the chaos that followed the appointment: “I felt so discouraged. Then, at choir practice, Nurse Eva – whom we knew from church – said she had seen the records and noticed there were no structural abnormalities. She was so kind to intervene during a time of such stress. She spoke to the doctor we were supposed to see and told him how abhorrently his colleague had treated us. Dr. McCurdy called and told us there were no other indicators, and that even with the odds doubled, the total chance was still less than 1%.”

             My mom never considered abortion – not even for a moment – and I’m so thankful for that. But I know hundreds of women never had a “Nurse Eva” in their lives like my mom did.

             Seeing my mom – a devout Chrisitan and unapologetically pro-life – recount how this diagnosis impacted her and my dad was deeply moving. She told me, “Eva was a delivery nurse we knew from church. And Dr. Shah was my obstetrician. If we hadn’t know Eva, hadn’t been able to access a second opinion, or didn’t have the strong belief system we did – we easily could have been influenced by that first doctor. And for something that was less than 1%!” Even now I can’t wrap my head around how a doctor could so casually suggest ending a life with a 1% chance that something might be different.

             When my parents were told there was a 1% chance I could be born with Down syndrome, they left the room in fear – not because they didn’t love me but because of how that 1% was presented. It wasn’t just a medical statistic; it felt like a warning. What if, instead of being met with a question like “Are you sure you want to continue?” they had been met with reassurance – something framed in possibility, not panic? What if the first words they heard were, “No matter what, this child has value”?

             Every life – regardless of ability, diagnosis or disability – is intrinsically valuable. For a doctor to suggest within hours of seeing my sonogram, that the possibility of Down syndrome made my life less worthy is not just heartbreaking – it’s dangerous.

             That kind of medical bias devalues anyone who doesn’t meet arbitrary standards of “normal.” It sends the message that life is only worth protecting if it’s predictable, healthy or convenient.

             According to the National Institutes of Health, “Down syndrome is the most common chromosomal disorder, affecting approximately one in every 700 births. A systematic review of published literature in the US estimated that termination rates range from 67% to 85% after a prenatal diagnosis.”

             We live in a society that loudly proclaims inclusivity, yet the conversation seems to fall silent when it comes to the most vulnerable. Not only those within the womb but especially those with disabilities. It’s a heartbreaking contradiction.

             It can be extremely dangerous – and even life-threatening – when doctors begin to play God. Time and time again, women have shared hundreds of sworn testimonies saying they were pressured to end their child’s life after receiving a diagnosis. These aren’t just isolated moments – they reflect something much deeper happening within the medical system. …

             Medical bias doesn’t always come in the form of overt discrimination or outright statements. More often, it slips in quietly, through subtle comments or repeated suggestions over weeks or months. Instead of hearing about resources and support, expectant parents are walked through long, detailed explanations of how difficult, painful and even miserable their lives could become if they continue the pregnancy. Bias isn’t always in what’s said – it’s in what’s left unsaid.

             We shouldn’t sugarcoat the challenges that can come with a difficult diagnosis. But when the story being told is one-sided, it reflects a much larger problem: society’s deeply rooted belief that disability equals a life less worthy. … Expectant parents deserve better. They should never be pushed into decisions based on fear. They deserve to hear the truth – the full truth – not just the parts shaped by bias or silence. ….

             Proverbs 31: 8-9: “Open your mouth for the mute, for the rights of all who are destitute. Open your mouth, judge righteously, defend the rights of the poor and needy.”

Wisdom from the Great Communicator

EXCERPT #12 from Abortion & the Conscience of the Nation, 1983 treatise by then-President Ronald Reagan, published in Human Life Review, then as a hardcover book from Thomas Nelson Publishers

             What more dramatic confirmation could we have of the real issue than the Baby Doe case in Bloomington, Indiana? The death of that tiny infant tore at the hearts of all Americans because the child was undeniably a live human being – one lying helpless before the eyes of the doctors and the eyes of the nation. The real issue for the courts was not whether Baby Doe was a human being. The real issue was whether to protect the life of a human being who had Down’s Syndrome, who would probably be mentally handicapped, but who needed a routine surgical procedure to unblock his esophagus and allow him to eat. A doctor testified to the presiding judge that, even with his physical problem corrected, Baby Doe would have a “non-existent” possibility for “a minimally adequate quality of life” – in other words, that retardation was the equivalent of a crime deserving the death penalty. The judge let Baby Doe starve and die, and the Indiana Supreme Court sanctioned his decision.

Life Advocacy Briefing editor’s note: The tragic Baby Doe case in 1982 led to a Reagan Administration rule to prevent such killings of disabled newborns. After the rule was enjoined by a court, Congress passed bipartisan legislation to protect handicapped babies from such cruelty. That law stands, to protect babies already born.

Senate Voting Records

Cloture motion to end debate on nomination of Whitney Hermandorfer as 6^th Circuit Judge – Adopted 51-43 – July 10, 2025 (Democrats in italics; “Independents” marked “I”)

Voting “yes” / pro-Life: Britt & Tuberville/AL, Murkowski & Sullivan/AK, Boozman & Cotton/AR, Moody & Scott/FL, Crapo & Risch/ID, Banks & Young/IN, Ernst & Grassley/IA, Marshall & Moran/KS, McConnell & Paul/KY, Cassidy & Kennedy/LA, Collins/ME, Hyde-Smith & Wicker/ MS, Hawley & Schmitt/MO, Daines & Sheehy/MT, Fischer & Ricketts/NE, Budd/NC, Cramer & Hoeven/ND, Husted & Moreno/OH, Lankford & Mullin/OK, McCormick/PA, Scott/SC, Rounds & Thune/SD, Blackburn & Hagerty/TN, Cornyn & Cruz/TX, Curtis & Lee/UT, Capito & Justice/WV, Johnson/WI, Barrasso & Lummis/WY.

“Voting no” / anti-Life: Gallego & Kelly/AZ, Padilla & Schiff/CA, Bennet/CO, Blunt-Rochester & Coons/DE, Ossoff & Warnock/GA, Hirono & Schatz/HI, Durbin/IL, King(I)/ME, Alsobrooks & VanHollen/MD, Markey & Warren/MA, Peters & Slotkin/MI, Klobuchar & Smith/MN, Cortez-Masto & Rosen/NV, Hassan & Shaheen/NH, Booker & Kim/NJ, Heinrich & Lujan/NM, Gillibrand & Schumer/NY, Merkley & Wyden/OR, Fetterman/PA, Reed & Whitehouse/RI, Sanders(I) & Welch/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.

Not voting: Hickenlooper/CO, Blumenthal & Murphy/CT, Duckworth/IL, Tillis/NC, Graham/SC.

Confirmation of Whitney Hermandorfer as 6^th Circuit Judge – Confirmed 46-42 – July 14, 2025 (Democrats in italics; “Independents” marked “I”)

Voting “yes” / pro-Life: Britt & Tuberville/AL, Boozman & Cotton/AR, Moody & Scott/FL, Crapo & Risch/ID, Banks & Young/IN, Ernst & Grassley/IA, Marshall & Moran/KS, McConnell/KY, Cassidy & Kennedy/LA, Collins/ME, Hyde-Smith & Wicker/MS, Hawley & Schmitt/MO, Daines & Sheehy/MT, Fischer & Ricketts/NE, Budd & Tillis/NC, Cramer & Hoeven/ND, Husted & Moreno/OH, Lankford & Mullin/OK, Graham & Scott/SC, Thune/SD, Blackburn & Hagerty/TN, Cornyn & Cruz/TX, Capito & Justice/WV, Johnson/WI, Barrasso & Lummis/WY.

“Voting no” / anti-Life: Gallego & Kelly/AZ, Padilla & Schiff/CA, Bennet & Hickenlooper/CO, Blumenthal & Murphy/CT, Blunt-Rochester & Coons/DE, Ossoff & Warnock/GA, Hirono & Schatz/HI, Duckworth & Durbin/IL, King(I)/ME, Alsobrooks & VanHollen/MD, Markey & Warren/MA, Peters/MI, Klobuchar & Smith/MN, Cortez-Masto/NV, Hassan & Shaheen/NH, Booker & Kim/NJ, Heinrich & Lujan/NM, Gillibrand & Schumer/NY, Merkley & Wyden/OR, Reed & Whitehouse/RI, Sanders(I)/VT, Kaine & Warner/VA, Cantwell/WA, Baldwin/WI.

Not voting: Murkowski & Sullivan/AK, Paul/KY, Slotkin/MI, Rosen/NV, Fetterman & McCormick/PA, Rounds/SD, Curtis & Lee/UT, Murray/WA, Welch/VT.

Cloture motion to end debate on nomination of Joshua Divine as District Judge for the Eastern & Western Districts of Missouri – Adopted 52-46 – July 17, 2025 (Democrats in italics; “Independents” marked “I”)

Voting “yes” / pro-Life: Britt & Tuberville/AL, Murkowski & Sullivan/AK, Boozman & Cotton/AR, Moody & Scott/FL, Crapo & Risch/ID, Banks & Young/IN, Ernst & Grassley/IA, Marshall & Moran/KS, McConnell & Paul/KY, Cassidy & Kennedy/LA, Collins/ME, Hyde-Smith & Wicker/ MS, Hawley & Schmitt/MO, Daines & Sheehy/MT, Fischer & Ricketts/NE, Budd/NC, Cramer & Hoeven/ND, Husted & Moreno/OH, Lankford & Mullin/OK, McCormick/PA, Graham & Scott/SC, Rounds & Thune/SD, Blackburn & Hagerty/TN, Cornyn & Cruz/TX, Curtis & Lee/UT, Capito & Justice/WV, Johnson/WI, Barrasso & Lummis/WY.

Voting “no” / anti-Life: Gallego & Kelly/AZ, Padilla & Schiff/CA, Bennet & Hickenlooper/CO, Blumenthal & Murphy/CT, Blunt–Rochester & Coons/DE, Ossoff & Warnock/GA, Hirono & Schatz/HI, Duckworth & Durbin/IL, King(I)/ME, Alsobrooks & VanHollen/MD, Markey & Warren/MA, Peters & Slotkin/MI, Klobuchar/MN, Cortez–Masto & Rosen/NV, Hassan & Shaheen/NH, Booker & Kim/NJ, Heinrich & Lujan/NM, Gillibrand & Schumer/NY, Merkley & Wyden/OR, Fetterman/PA, Reed & Whitehouse/RI, Sanders(I) & Welch/VT, Kaine & Warner/VA, Cantwell & Murray/WA, Baldwin/WI.

Not voting: Smith/MN, Tillis/NC.