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Emails, Devon Kearns, press officer, Planned Parenthood Federation of America, Planned Parenthood Action Fund, Oct. 6-7, 2016

(W. Gardner Selby, Austin American-Statesman)

11:05 a.m.

Cruz’s camp says Roe wasn’t so limited per when an abortion can occur. Here’s how Cruz spokesman Phil Novack put it by email: “And despite popular misconception, Roe v. Wade—along with its companion Doe v. Bolton—allows for abortion at any stage of pregnancy, i.e. abortion on demand

 

§  Like Hillary, Roe feigns moderation: “If the State is interested in protecting fetal life after viability, it may go so far as to proscribe abortion during that period, except when it is necessary to preserve the life or health of the mother.”

 

§  But Roe also says that it is to be “read together” with Doe v. Bolton

 

§  And Doe defines “health” extremely broadly—including subjective factors such as “emotion”—such that a woman can obtain an abortion even in the third trimester on demand

·         Doe:“[M]edical judgment may be exercised in light of all factors—physical, emotional, psychological, familial, and the woman’s age—relevant to the wellbeing of the patient.  All these factors may relate to health.”

 

(Kearns)

11:46 a.m.

Clinton: “Under Roe V. Wade, Which Is Rooted In The Constitution, Women Have This Right To Make This Highly Personal Decision With Their Family In Accordance With Their Faith, With Their Doctor.” BAIER:  I want to ask you about a question I asked Senator Sanders.  Do you think a child should have any legal rights or protections before its born?  Or do you think there should not be any restrictions on any abortions at any stage in a pregnancy? CLINTON:  Well, again, let me put this in context, because it's an important question.  Right now the Supreme Court is considering a decision that would shut down a lot of the options for women in Texas, and there have been other legislatures that have taken similar steps to try to restrict a woman's right to obtain an abortion. Under Roe v. Wade, which is rooted in the Constitution, women have this right to make this highly personal decision with their family in accordance with their faith, with their doctor. It's not much of a right if it is totally limited and constrained. So I think we have to continue to stand up for a woman's right to make these decisions, and to defend Planned Parenthood, which does an enormous amount of good work across our country. [Fox News Democratic Town Hall, 3/7/16]

 

Clinton: “I Have Been On Record In Favor Of A Late Pregnancy Regulation That Would Have Exceptions For The Life And Health Of The Mother.” BAIER:  Just to be clear, there's no -- without any exceptions? CLINTON:  No -- I have been on record in favor of a late pregnancy regulation that would have exceptions for the life and health of the mother. [Fox News Democratic Town Hall, 3/7/16]

 

Clinton: “I Object To The Recent Effort In Congress To Pass A Law Saying After 20 Weeks, You Know, No Such Exceptions…” HILLARY CLINTON: I object to the recent effort in Congress to pass a law saying after 20 weeks, you know, no such exceptions, because although these are rare, Bret, they sometimes arise in the most complex, difficult medical situation. BAIER:  Fetal malformities and... CLINTON:  And threats to the woman's health. BAIER:  Sure. CLINTON:  And so I think it is -- under Roe v. Wade, it is appropriate to say, in these circumstances, so long as there's an exception for the life and health of the mother. [Fox News Democratic Town Hall, 3/7/16]

 

Other comments:

 

Clinton Said There Were “Rooms For Reasonable Kinds Of Restrictions” On Abortions “After A Certain Point In Time.” “CHUCK TODD:  Also this week, you were pretty tough on Donald Trump on one of his positions on abortion.  He had five different positions that we’ve counted up this week on abortion.  I want to ask you, what is yours?  Give me your straightforward position on the issue of abortion? HILLARY CLINTON:  My position is in line with Roe v. Wade, that women have a constitutional right to make these most intimate and personal and difficult decisions based on their conscience, their faith, their family, their doctor, and that it is something that really goes to the core of privacy.  And I want to maintain that constitutional protection under Roe v. Wade.  As you know, there is room for reasonable kinds of restrictions after a certain point in time.  I think the life, the health of the mother are clear, and those should be included even as one moves on in pregnancy.” [NBC, Meet the Press, 4/2/16]

 

Clinton: “I've Been On Record For Years About Where I Stand On Making Abortion Safe And Legal, The Exceptions That Are Appropriate That Should Be Looked Into.” “JOHN DICKERSON:  Senator Marco Rubio claims that on the question of abortion, that you support abortion on a baby's due date. What do you say to that? HILLARY CLINTON: Well I think it's pretty pathetic John. This is something that illustrates how Senator Rubio has been just going as far as he can to try to, I guess, buttress his credentials with certain parts of the Republican constituency. I've been on record for years about where I stand on making abortion safe and legal, the exceptions that are appropriate that should be looked into. And the very difficult choices that very few women have to confront that lead to excruciating kinds of decisions. And to begin to politicize this so early in the campaign season, to try to raise false charges and look like he's going to try to make sure Roe v. Wade is overturned and Plane Parenthood is defunded is a tried and true tactic by those on the right.”  [CBS Face the Nation with John Dickerson, 2/7/16]

 

Clinton: “Reasonable Kinds Of Restrictions Can Be Imposed As Long As The Life And Health Of The Mother Are Taken Into Account And That Is What The Law Is Today.” “JOHN DICKERSON: His charge here though is in terms of late term abortions, that you talk about medical issues, but there are non medical abortions, he would say and others who share his view would say that you're not having any restrictions on those who would have an abortion for non medical reasons, puts you on the extreme side of this. HILLARY CLINTON: Well it's just not true. People should go back and read Roe v. Wade. Reasonable kinds of restrictions can be imposed as long as the life and health of the mother are taken into account and that is what the law is today. And I remember very well having a lot of incredibly difficult conversations listening to women who were told something devastating toward the end of their pregnancy, who were facing horrible kinds of consequences to their heath and even essentially to their life. That's why this has to be taken into account by each individual woman, by her physician, and her family. But of course under Roe v. Wade, there are certain guidelines and Senator Rubio should know that, or I hope he does now.” [CBS Face the Nation with John Dickerson, 2/7/16]

 

Clinton Said She Supported Some Restrictions For Third Trimester Abortions, Taking Into Account The Life And Health Of The Mother. CHUCK TODD:  “Are there reasonable restrictions that you would ever support an abortion?” HILLARY CLINTON:  “I've said that there were.  And that's –“ CHUCK TODD:  “What are they?” HILLARY CLINTON:  “-- and that's under Roe v. Wade, that there can be restrictions in the very end of the third trimester.  But they have to take into account the life and health of the mother.” [Meet the Press Daily, MSNBC, 9/28/15]

 

--

Devon Kearns

Press Officer

Planned Parenthood Federation of America

Planned Parenthood Action Fund

From: Kearns, Devon

Sent: Thursday, October 06, 2016 2:22 PM

To: Selby, Gardner (CMG-Austin)

Subject: Re: Following up from Texas

 

I just wanted to lift the clause from Roe that makes it clear that after viability a termination must be "in appropriate medical judgement" (not on demand). Thanks!  

 

 

(c) For the stage subsequent to viability, the State in promoting its interest in the potentiality of human life may, if it chooses, regulate, and even proscribe, abortion except where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.

On Thu, Oct 6, 2016 at 3:28 PM, Selby, Gardner (CMG-Austin) <wgselby@statesman.com> wrote:

Got it.

 

Do you agree the Doe ruling permits physicians to perform an abortion to protect any aspect of a woman’s health, including emotional considerations? In Doe, the high court said that in considering an abortion, “the medical judgment may be exercised in the light of all factors--physical, emotional, psychological, familial, and the woman's age--relevant to the wellbeing of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment. And it is room that operates for the benefit, not the disadvantage, of the pregnant woman.”

(Kearns)

11:58 a.m.

Oct. 7, 2016

Follow up with Priscilla at Yale for a. A doc overview.

 

priscilla.smith@yale.edu