Womenstake

The Ninth Circuit Gets it Right . . . Finally!

by Jen Swedish, Health Law Fellow, 
National Women's Law Center 

Yesterday, the Ninth Circuit Court of Appeals ruled that the State of Washington can fully enforce a rule passed by its pharmacy board that ensures patient access to medication. As we’ve reported before, back in 2007, two pharmacists and a pharmacy challenged the rule in court, because they objected to providing emergency contraception. A lower federal court decided in favor of the challengers, issuing a preliminary injunction that halted the rule as it applied to Plan B emergency contraception.

While the appeal was pending, Washington argued that it should be allowed to enforce the rule in its entirety, but the Ninth Circuit upheld the lower court’s preliminary injunction. This meant that until the Ninth Circuit could decide the merits of the case, Washington women who wanted EC were at risk of delay in accessing the time-sensitive medication because of a refusing pharmacist.

The Ninth Circuit finally decided the merits of the appeal yesterday and said that the lower court was wrong to issue the broad injunction. The pharmacy and pharmacists who brought the case claimed that requiring them to provide EC violated their right to free exercise of religion under the First Amendment. The Ninth Circuit held that the district court should not have applied heightened scrutiny to analyze the rule’s affect on religious freedom. According to the appellate court, the rule’s purpose was not to eliminate religious objections to the delivery of lawful medications, but rather to eliminate all objections that do not ensure patient health, safety, and access to medication. As such, the rule was a neutral law of general applicability, which must withstand only rational basis review to pass constitutional muster. Although the Ninth Circuit sent the case back to the lower court to apply the correct standard of review, it suggested that the rule would likely pass constitutional muster.

Finally, yesterday's Ninth Circuit decision assures Washington women access to EC at the pharmacy!

Wal-Mart Endorses Employer Mandate Requirement

by Katie Chanpong, Health Care Policy Intern, 
National Women’s Law Center 

Last week Wal-Mart sent a letter to President Obama announcing its support of a requirement for businesses to contribute to the cost of health coverage for their employees (sometimes called an “employer mandate”). A controversial step, the world’s largest private employer is breaking ranks with its traditional political allies—the U.S. Chamber of Commerce, the National Federation of Independent Business, and almost every other major business trade association in Washington—and joining forces with political adversaries—the Service Employees International Union (SEIU) and the Center for American Progress (CAP). “Not every business can make the same contributions,” wrote leaders from Wal-Mart, SEIU, and CAP, “but everyone must make some contribution.”

By advocating that employers, individuals, and the government all have an important role to play in providing and obtaining health coverage, these three major stakeholders are focusing America’s health care debate on a vision of shared responsibility. We here at the National Women’s Law Center agree that a shared responsibility policy—including a meaningful employer mandate—will be crucial to achieving long-lasting health care reform and insuring millions of Americans. For women, a robust employer mandate means continued support for the 61 million women who currently receive employer-sponsored health insurance, as well as help obtaining coverage for the nearly 10 million working women who are uninsured.

The state of our current health system is bleak. Skyrocketing health care costs make it more difficult for employers and families to afford coverage; hard-working people fall into medical bankruptcy and millions go without necessary medical treatment. But time and time again, history has shown us that if we all do our part, we can change the system. As the health care reform bills make their way through Congress in the coming weeks, we’ll be on the lookout for inclusion of a strong employer mandate as well as other important shared responsibility provisions. As noted by Wal-Mart, SEIU, and CAP, these pieces are critical to “make this bill a win / win for employers, individuals and America’s competitiveness.”

NWLC in the News

by Mary Robbins, Program Associate, 
National Women's Law Center

Time Magazine, July 8, 2009
Could Abortion Coverage Sink Health-Care Reform?

Cleveland Plain Dealer, July 7, 2009
Anti-abortion Democrats in Congress vow to oppose health care packages that don't exclude procedure

Palm Beach Post, July 7, 2009
FHSAA faces challenge on reduction of sports schedules

Women’s eNews, June 30, 2009
Women Attract Annual Progressive Limelight

ABC News, June 23, 2009
Celebrating Title IX at the White House

Indianapolis Star, June 23, 2009
New nursing programs address women's health needs

New York Times, June 19, 2009
Title IX Ruling in California Could Lead to Stricter Standards

The Thinking Woman's Guide to the Supreme Court Confirmation Hearings

by Marcia D. Greenberger, Co-President, 
National Women's Law Center 

As unabashed judicial junkies, we are eagerly awaiting next week’s Judiciary Committee nomination hearings for Judge Sonia Sotomayor, President Obama’s nominee to the Supreme Court.   

And when the hearings begin on Monday, July 13, we will be there, listening carefully. (Keep an eye here on our blog for daily observations and commentary.) The hearings are critically important in learning more about Judge Sotomayor and her legal perspectives. And, the discussions also offer a unique opportunity for our nation to consider some of the key legal issues at stake for women.

We hope you will listen too! You can check out NWLC’s The Thinking Woman’s Guide to the Supreme Court Hearings for more about the important issues at hand.

And get your book group, colleagues, and friends engaged as well! We encourage you to host a Confirmation Conversation and talk about the important issues at stake for women.

The decisions the Supreme Court make have a real impact on our lives every day. The Court’s rulings have protected students from sexual harassment in the schools, established the right to use contraceptives, helped women make inroads to police departments and fire stations around the country, and given girls equal opportunity to participate in educational programs.

Please consider:

• How have these rights and protections expanded opportunities in your life?
• How would your life be different if the Court were to roll back these rights and protections that many of us take for granted?

See you next week at the hearings!

Urgent - Protect Reproductive Health Care in Health Care Reform

by Judy Waxman, Vice President for Health and Reproductive Rights 
National Women’s Law Center 

The time has come in our fight for health care reform when women and their reproductive health care are being written out of health care reform legislation. This is unacceptable and your help is urgently needed.

If your Senator is on the Finance Committee, urge him/her to protect women's access to comprehensive reproductive health services in health care reform TODAY!

As you are reading this, Republican members of the Senate Finance Committee are demanding the introduction of health care reform language that will strip women's access to abortion. We must not let this happen because comprehensive reproductive health care is basic health care for women.

But we need your help to make sure that it doesn't happen — tell your Senator to oppose this harmful provision!

It is an unprecedented time in our fight for health care reform. A time when our elected officials should be focused on expanding health care coverage, not stripping benefits away that women already have. Republican leaders on the Senate Finance Committee are demanding the adoption of a harmful provision that would have a devastating impact on women.

The provision would lead to dramatic changes in the health care benefits many women have now as well as for the many women who currently have no or minimal health care coverage.

Especially in this time of economic need, women need more — not less — access to the full range of comprehensive reproductive health care services.

Time is running out — and we need you to help protect women's access to comprehensive reproductive health services in health care reform. Your actions will make a difference.

Call Your Members of Congress and Join the Fight for Health Care Reform

by Judy Waxman, Vice President for Health and Reproductive Rights, 
National Women’s Law Center 

In the last week of June, thousands of activists came to Washington, DC to tell Congress that health care can’t wait. Then over the 4th of July holiday we declared our independence from insurance companies while Members of Congress were at home in the districts.
Now Congress is back at work — and it’s time to make it happen.

Can you give your Member of Congress a call today and remind them health care can’t wait?

We are now at a really important part of the process — The key committees in the Senate and the House are finalizing their proposed legislation, and they need to hear from you. We need you to help ensure that this legislation provides:

• Coverage we can afford;
• Comprehensive benefits we can count on;
• Choice of a private or public health insurance plan; and
• Fair insurance practices.

We are so close. Call today to make sure they do the right thing.  You are the real champions of the health care debate and we are getting close to the finish line.

Weekly Round-Up

by Catherine Kruse, Outreach Intern, 
National Women's Law Center 

Devon Haynie at The Fort Wayne Journal Gazette shared stories of local women that demonstrate the negative impact of the economic downturn on women’s health.

Michael Paulson and Kate Lazar from The Boston Globe discussed Caritas Christi Health Care’s decision to withdraw from a joint venture with insurance providers Centene Corp. because of its provisions for abortion services in other hospitals. 

The U.N. is currently displaying a women’s peacekeeping showcase in its visitors’ lobby, and Theresa Braine from Women’s E-News discussed the number of women peacekeepers who are actually part of the organization.

Paula Merritt from RH Reality Check wrote about the health care crisis facing Native American, and reminded readers of the importance of addressing disparities in health reform. 35.9 percent of American-Indian/Native Alaskan women are uninsured.

The Curvature’s Jen LaBarbera wrote about Project Prevention, a Tennessee organization that offers to pay women (and men) who have had drug or alcohol addictions to undergo long-term birth control or sterilization.

Venice has hired its first female gondolier in the history of the city, as Courtney reported at Feministing.

In honor of Abigail Adams and her writings on women’s rights (including her exhortation to John Adams “to remember the ladies”), Suzanne Reisman wrote at BlogHer about her reluctance to celebrate Independence Day.

Just Released: New Opinion Research Shows Broad Public Support for Reproductive Health Coverage in Health Reform

As the House and the Senate develop the details of health care reform legislation this week, a new national opinion survey conducted for the National Women’s Law Center (NWLC) demonstrates that Americans strongly believe that basic health insurance should include women’s reproductive health services and that medical experts – not politicians – should decide the details of a benefits package.

“There’s no debate about it: Americans recognize that reproductive services are basic health care for women and help ensure that women can attain good health throughout their lives,” said Judy Waxman, NWLC Vice President for Health and Reproductive Rights. “Congress should refrain from practicing medicine and instead let medical professionals determine what health care services will be included in a benefits package.”

Findings from the survey of 1,000 likely voters conducted by the Mellman Group include:

• Voters overwhelmingly support the broad outlines of reform and requiring coverage of women’s reproductive health services.  Seven-in-ten (70%) favor a proposal that establishes a National Health Insurance Exchange with a public plan option. If the reform were adopted, voters overwhelmingly support requiring health plans to cover women’s reproductive health services (71% favor-21% oppose).
• Absent coverage for women’s reproductive health services, majorities oppose reform. If reform eliminated current insurance coverage of reproductive health services such as birth control or abortion, nearly two-thirds (60%) would oppose the plan and nearly half (47%) would oppose it strongly.

Stand Up and Serve

by Amy Rosenthal, Outreach Intern, 
National Women's Law Center 

In a recent message, President Obama has called on Americans to “stand up and serve.” The Corporation for National & Community Service is carrying the message coast to coast this summer through its “United We Serve” program which encourages people from all backgrounds to “become engaged in issues such as education, health care, energy independence, economic renewal, and other issues.” 

Become involved by creating your own project, finding a volunteer opportunity, and recruiting other volunteers.  To learn more, check out the Corporation for National & Community Service website.

The National Women's Law Center believes strongly in standing up and supporting others.  United We Serve is providing an exciting opportunity for doing so.

No Justice for Rape Victims: Realities of Budget Cuts

by Amy Rosenthal, Outreach Intern, 
National Women's Law Center 

Many cities, in attempting to balance their budgets in light of decreased revenues, are making deep cuts into women’s health service, including rape kits. Administered in hospitals and then turned over to the police, rape kits contain DNA and have the power to help place the guilty behind bars and exonerate the innocent. Their efficacy is remarkable, with Human Rights Watch estimating that their use has contributed to a 30 percent rise in arrest for rape in New York City. 

A recent editorial in the New York Times drew attention to the huge backlog of rape kits that have yet to be tested because of budgetary concerns. Citing “a shortage of funds” the Los Angeles Sheriff’s Department has decided to cease testing rape kits. This is particularly interesting, and disheartening, given the city’s over $2 billion dollar budget of which some money is earmarked for additional employees in the city crime lab who are trained to test rape kits.

These women are already rape victims. We should make sure they aren’t also victims of a poor justice system.