Mr. Speaker, let me thank the gentlewoman from Pennsylvania for her leadership. Hopefully, we have been able to share some very important thoughts. I thank her for presiding and leading us on this very important discussion. We have a…
Mr. Speaker, let me thank the gentlewoman from Pennsylvania for her leadership. Hopefully, we have been able to share some very important thoughts. I thank her for presiding and leading us on this very important discussion.
We have a Constitution. I hope that I will be holding the Constitution in my hand in a short while.
Obviously, Article I is the Congress. We are to represent the people of this Nation.
Article II is the executive branch.
Article III are supposed to be unfettered, unbiased courts, the Federal courts. They come in a variety of shapes and sizes all over the region, all over the Nation. They are what we call Article III courts.
Certainly, there are State courts, and there are county courts, and there are city courts, but the Federal courts are the place where we believe that there should be the infrastructure of justice, where I can come, where no place else, I might find justice. I can even be pro se. That means, without counsel.
But the laws and the responsibility of the judges, clearly, are to make me feel that I will be receiving justice.
So it saddens me, as a member of the Bar, and someone who, through law school, viewed the Federal judiciary in the highest esteem.
I was an Earl Warren training fellow. Earl Warren, the Supreme Court Justice, Republican, appointed by Eisenhower, I recall, and who presided over the Brown v. Topeka Board of Education that opened the doors for many to be able to have an education that was not segregated, and many other cases that the Court presided over.
But there was something unique that, I believe, that held our consciousness. We always felt that the courts would render truthful judgments, or that they would look for the truth, and that they would discern, between the plaintiff and the defendant, who was telling the truth; and they would rule in justice and the law for those who told the truth.
I hold in my hand the Constitution that also includes the Declaration of Independence, where we all are created equal, with certain inalienable rights, of life, liberty, and the pursuit of happiness.
I loved what the Founding Fathers said: The power under the Constitution will always be in the people and it is entrusted for certain defined purposes.
It is important to note that even though the men who have said these words were not perfect, the words epitomize who we are; that no matter who you are, what ``unempowerment'' you may have, you should have power in the courts. You should have power in this country, by the very essence of the Constitution.
So I watched with intensity, as a Member of this body, and as a senior member of the Judiciary Committee, all of the confirmation hearings where they were selecting a United States Supreme Court Justice.
What struck me most of all, to the last two Justices before Justice Ketanji Brown Jackson, is the questioning after questioning to ask them, was Roe v. Wade sound law?
Was Roe v. Wade precedent?
Was Roe v. Wade, for them, a standard of the whole question of precedent that is a basic premise, tenet, basic foundation of the justice that we look to have rendered; that we can count on the Supreme Court's decision; whether it is Brown v. Topeka Board of Education-- maybe that is not solid law, that you can no longer segregate, discriminate in education at all levels; break the chains of segregation in the one-story, one-room schoolhouse with no books, for the Colored children, the Negro children, the Black children, in that instance, which the South proceeded to try and go around by having these private schools.
So, your whole life is around getting justice; and Roe v. Wade was to indicate a stop to back-alley abortions; women dying; being maligned and disgraced; maybe not able to have children ever again. We were able to perceive that that was really a medical decision, and it was a decision that a woman's faith, doctor, and family would help her make; that no one could police your body; that Roe v. Wade was the law of the land.
Yet, in a matter of months--I thought it was just simply seconds-- puff went Roe v. Wade, even in spite of the testimony of the two Justices promoted to the Supreme Court by the former President of the United States that, over and over again, in answer to the question, they said, Roe v. Wade was precedent. That it was the law of the land.
They were under oath, and they did not tell the truth because what happened is that when the Dobbs case came, they immediately jumped to their personal views, their personal beliefs, their personal dislikes, their personal cause and crusade, and ruled abortion, as defined by the Ninth Amendment, of which Roe v. Wade was based on, the right to privacy, unconstitutional.
I don't even know how that could be.
And States like Texas followed with the most heinous of abortion laws that you could ever imagine, criminalizing providers and criminalizing women; creating a havoc in our State; people having to flee across State lines because they could not get the honest and safe medical treatment needed, that was dictated by their physician, their healthcare provider; threatening healthcare providers; threatening Planned Parenthood; threatening clinics; misinterpreting medical procedures as abortions.
I, frankly, believe this MAGA extremism is the very reason why the great tsunami that was expected in the 2022 election did not happen. They did not pay attention to, in 2021, 861 women died of maternal causes in the United States. In the U.S., two-thirds of those pregnancy-related deaths were preventable, and for every pregnancy- related death, there are 70 pregnancy-related near-death experiences.
It is extremely important that we tell it like it is: Women fleeing to get healthcare; doctors being arrested; nurses being arrested, under law, because of Dodd; and, of course, women themselves being threatened.
Let me just read some headlines that came about through this Dodd decision where the Justices would not adhere to the truth and the honesty of their testimony during confirmation hearings under oath where they said that Roe v. Wade was precedent.
Mr. Speaker, I include in the Record an article entitled: ``Five women sued Texas over abortion access.''
[From BBC News, Mar. 9, 2023]
Five Women Sue Texas Over Abortion Access
(By Holly Honderich)
Ms. Zurawski spent three days in intensive care, leaving
the hospital after a week, the legal action says. The ordeal
has made it harder for her to conceive in future, she said.
The four other women had to travel outside Texas for an
abortion.
One of the plaintiffs, Ms. Miller, said: ``Healthcare
should not be determined by some politician with no
understanding of medicine or the critical role that abortion
care plays in pregnancy. How is it that I can get an abortion
for a dog but not for me?''
Two of the women's foetuses had conditions that meant they
did not develop a skull, according to the lawsuit.
These cases ``are just tip of the iceberg'', the Center for
Reproductive Justice's Ms, Northup said.
Their 91-page complaint asks for a ruling that clarifies
Texas' law and its stance on ``medical emergencies'' for
pregnant women facing grave health risks.
``With the threat of losing their medical licences, fines
of hundreds of thousands of dollars, and up to 99 years in
prison lingering over their heads, it is no wonder that
doctors and hospitals are turning patients away--even
patients in medical emergencies,'' the lawsuit reads.
According to a survey by the Pew Research Center conducted
last year, 61% of Americans say abortion should be legal in
all or most circumstances, though the opinion poll found
public support for the procedure fell as a pregnancy
progressed.
Texas' legislature, which is under Republican control, has
been at the forefront of anti-abortion legislation, becoming
the first state to enact a near-total ban.
And the state will be home to another abortion battle soon:
a Texas judge is expected to rule on a case about abortion
pills this week.
The Trump-appointed US District Court Judge Matthew
Kacsmaryk will decide whether Mifepristone--one of the two
drugs used in an abortion pill regime--can continue to be
sold in the US.
Five women who say they were denied abortions in Texas
despite facing life-threatening health risks have sued the
state over its abortion ban.
Texas bars abortions except for medical emergencies, with
doctors facing punishment of up to 99 years in jail.
According to the lawsuit, doctors are refusing the
procedure even in extreme cases out of fear of prosecution.
In a statement, the office of Attorney General Ken Paxton
said he would ``enforce the laws'' of the state.
Mr, Paxton ``is committed to doing everything in his power
to protect mothers, families, and unborn children'', the
statement said.
The Center for Reproductive Justice has filed the legal
action on behalf of the five women--Ashley Brandt, Lauren
Hall, Lauren Miller, Anna Zargarian and Amanda Zurawski--and
two healthcare providers that are also plaintiffs.
The pro-choice group said it is the first time pregnant
women themselves have taken action against anti-abortion laws
passed across the US since the Supreme Court last year
removed constitutional protection for abortion rights.
``It is now dangerous to be pregnant in Texas,'' said Nancy
Northup, the centre's president on Tuesday.
With Ms. Northup outside the Texas Capitol in Austin on
Tuesday, the plaintiffs--two pregnant--shared harrowing
stories of their previous, lost pregnancies.
According to the legal action, all were told that their
foetuses would not survive, but were not given the option of
an abortion, which they described as ``standard medical
procedure'' throughout the country and in the state before
Texas' ban came into effect.
Ms. Zurawski, 35, said she had become pregnant after 18
months of fertility treatments. She had just entered her
second trimester when she was told she had dilated
prematurely and that the loss of her foetus, whom she and her
husband had named Willow, was ``inevitable''.
``But even though we would, with complete certainty, lose
Willow, my doctor could not intervene while her heart was
still beating or until I was sick enough for the ethics board
at the hospital to consider my life at risk,'' Ms. Zurawski
said.
For three days, trapped in a ``bizarre and avoidable
hell'', Ms. Zurawski was forced to wait until her body
entered sepsis--also known as blood poisoning--and doctors
were allowed to perform an abortion, according to the
lawsuit.
Mr. Speaker, one of them could not get care until they got blood poisoning, when the doctor was willing to see them.
Mr. Speaker, I include in the Record an article from The Washington Post: ``Woman says she carried dead fetus for 2 weeks after Texas abortion ban.''
[From the Washington Post, July 20, 2022]
Woman Says She Carried Dead Fetus for 2 Weeks After Texas Abortion Ban
(By Timothy Bella)
Marlena Stell's happiness turned to heartbreak after she
found out about 9\1/2\ weeks into her pregnancy that she had
suffered a miscarriage.
After she was told last year that the fetus did not have a
heartbeat and she no longer had a viable pregnancy, the Texas
woman asked her doctor to perform a dilation and curettage,
or D and C--a standard procedure to remove the fetus
following a miscarriage to help prevent infection or long-
term health problems. Stell had the procedure after her first
miscarriage in 2018 in Washington state, when she felt so
much pain that she could not walk, and she wanted to go
through with it again before trying again for a second child,
she told The Washington Post.
But Stell was even more devastated to learn that because
the procedure is also used during abortions, which a Texas
law had greatly restricted, the doctor did not want to
perform a D and C. Stell would be forced to carry her dead
fetus for two weeks before she could find a provider to give
her the medical intervention that physicians had denied her.
``My doctor had said that since the heartbeat bill had just
passed, she didn't want me to do a D and C. And she asked
that I try to miscarry at home,'' said Stell, 42, of Conroe,
Tex. ``It just was emotionally difficult walking around,
knowing that I had a dead fetus inside.''
Stell, a beauty influencer with about 1.5 million YouTube
subscribers, is sharing her story in the weeks after the
Supreme Court overturned Roe v. Wade as a reminder that the
restrictive abortion laws adopted by states such as Texas
could affect those who have suffered miscarriages.
``People need to understand how these laws affect all
women, even cases like mine,'' she said. ``I feel like it's
very dangerous for government of any type to be intervening
in a woman's care because there's multiple reasons of why she
may need a procedure.''
Stell's story is an example of what physicians and patients
could face when it comes to care for miscarriages and
maternal health almost a month after the Supreme Court's
ruling in Dobbs v. Jackson Women's Health Organization.
As The Post recently reported, doctors in multiple states
say the standard of care for miscarriages, as well as ectopic
pregnancies and other common complications, are being
scrutinized, delayed, or even denied. In Texas--where
Attorney General Ken Paxton (R) is suing the Biden
administration over federal rules requiring abortions to be
provided in medical emergencies to save the life of the
mother--some doctors are reporting that pharmacists have
begun questioning patients who they suspect could be using
their miscarriage medications for abortions.
``It is traumatizing to stand in a pharmacy and have to
tell them publicly that you are having a miscarriage, that
there is not a heartbeat,'' Rashmi Kudesia, a fertility
specialist in Houston, told The Post on Saturday.
The American College of Obstetricians and Gynecologists
estimates that more than 1 in 4 pregnancies end in
miscarriage, the spontaneous demise of a fetus that commonly
happen because of chromosomal abnormalities.
The methods of treatment for miscarriage and abortion are
the same. A miscarriage can be treated using a mix of drugs
such as mifepristone and misoprostol, or through a D and C,
which includes dilating the cervix and clearing tissue from
the uterus.
After her initial miscarriage in 2018, Stell and her
husband had their first child, a daughter, in April 2020.
When the couple moved from Washington state to Texas in 2021,
they were trying to have a second child, Stell said, even
though she knew she was at high risk because of her age,
previous health problems and miscarriage. So when she found a
doctor who specialized in high-risk pregnancies last summer,
she was thrilled to find out that the early weeks of her
pregnancy looked promising.
``I was about 7\1/2\ weeks pregnant, and everything looked
great,'' Stell said. ``The doctor said there was some
movements and fluttering, but everything with the pregnancy
looked normal.''
Because she was at high risk, Stell was asked to come back
about two weeks later for a follow-up appointment in late
September 2021. Because coronavirus-related guidelines
prevented her husband from accompanying her in the room, she
planned to record on her cellphone what the doctor had to say
about the ultrasound.
``I'm getting ready to record because I'm excited,'' Stell
recalled. ``But as soon as she started the ultrasound, [the
doctor] got really silent, and was just looking and looking
and didn't see the fluttering or the movement or anything.''
Stell got the news she feared: She had lost the pregnancy.
She was told she had a blighted ovum, which is when a
fertilized egg implants in the uterus but does not develop
into an embryo.
She was shocked to learn that the common procedure she got
so easily in Washington state was anything but simply
obtained in Texas. She said she was told she needed
additional proof, or multiple ultrasounds, showing that her
pregnancy was not viable before she could get a D and C. Nine
days into carrying her dead fetus, the sorrow of her first
miscarriage had returned.
``I felt like a walking coffin,'' she said, fighting
through tears. ``You're just walking around knowing that you
have something that you hoped was going to be a baby for you,
and it's gone. And you're just walking around carrying it.''
Stell eventually found an abortion services provider in
downtown Houston who would give her the D and C on Oct. 4,
2021. After she was met by antiabortion protesters, Stell
opened up about the experience on her YouTube channel. While
Stell, a cosmetic brand owner and CEO, usually talks about
makeup education and other beauty and lifestyle content, the
influencer's video on her miscarriage showed a different
side.
``I get so angry that I was treated this way because of
laws that were passed by men who have never been pregnant and
never will be,'' Stell told her followers at the time. ``I'm
frustrated, I'm angry, and I feel like the women here deserve
better than that. It doesn't matter what side of the fence
that you want to sit on, laws like this affect all women
regardless of what situation you're in, and it's not right.''
When Roe was overturned last month, Stell said it was her
duty to share her story with those who might have similar
experiences. After Stell told her story to CNN this week,
Sen. Elizabeth Warren (D-Mass.) was among those to cite her
as an example of how ``Republican politicians are risking
women's health and safety.''
Stell said on Twitter this week that the experience almost
10 months ago is the reason she and her husband have decided
that they would not try to have additional children in Texas.
She told The Post that her two miscarriages put her at higher
risk for a third.
``Our fear is that if I get pregnant and miscarry again
that something will happen,'' she said. ``We just do not feel
confident at all that we'll get the care that we need in
Texas if something were to happen.''
If the miscarriage hadn't happened, Stell and her husband
would have had a boy in May. They would have named him Milan.
She thinks about what could have been when she reflects on
her own story, and how she said she was made to feel as
though she had done something wrong when she was already
grieving.
``It's added trauma on top of trauma,'' she said. ``It's
important to share this story so people know how these laws
affect all women.''
Mr. Speaker, is there freedom in this Nation? Because of the Texas abortion law, her wanted pregnancy became a medical nightmare. The truth had been taken away.
``Texas woman almost dies because she could not get an abortion.'' These are not willing activities. These are not persons who do not have loving relationships with children. These are not individuals who, in fact, are, if you will, persons who want to rush for an
abortion. These are individuals who have had children, who have loving children at home, but have a right, with their medical provider, to deal with their medical procedure.
It is important to take note of the fact that what happens in the courts can truly save lives or cause a loss of life.
In addition to due process under the Fifth Amendment, equal protection of the law under the 14th Amendment, and the right to privacy that this little book holds, the courts play a major role.
I thank Congresswoman Lee for leading us in a discussion that challenges the question of truth, the question of unbiased, unfettered decisions, and the question of adherence to the Constitution.
Right now, we are living in a land where the precedent of Roe v. Wade, the right to choose--I never call it the right to an abortion. It is the right to choose, and the medical procedure that you choose should never be limited.
How sad that we have this litany of women, only a few of the thousands impacted because the court refused to adhere to justice and truth.
We, as Members of Congress, need to be able to be the people's representatives, and we must find a way to bring dignity and truth and justice back to our courts.
I, for one, will continue to work to make sure that this is a living document, the Constitution, and that those who are poor or not can find their way to a courthouse under Article III and find justice, freedom, righteousness, and the opportunity to live freely without discrimination in education, to have civil rights and voting rights, and to be able to have jurisdiction over your own body as a woman and to adhere again to a law by the Supreme Court that said, in Roe v. Wade, that women do have that choice. For me, it is the law of the land, and Dodd is a masquerading factor of bias and untruth.
Mr. Speaker, I join my Congressional Progressive Caucus Colleagues here today to speak about the danger that is among us as a result of far-right rhetoric that has resulted in the take down of women's rights in America.
Republicans have continuously proven that they want to police women's bodies and take away our reproductive freedoms.
In the first week of the 118th Congress, extreme Republicans launched attacks on reproductive freedom, intruding on medical decision-making, and keeping their promise to criminalize abortion nationwide with no exceptions.
Now a Texas Federal Judge is attempting to get rid of the much-needed abortion pill.
Women's health is an issue that is very near to my heart.
With reproductive rights being stripped from us, maternal mortality at an all-time high, and violence against women that has surged since the pandemic started, there is growing concern that women's health will continue to suffer on a massive scale.
This attempt to remove medically necessary health care is a disgusting misuse of power and it extremely negligent.
Maternal mortality is an issue that continues to plague the United States health care system.
In 2020, 861 women died of maternal causes in the United States.
In the U.S., two-thirds of those pregnancy related deaths are preventable and for every pregnancy-related death, there are 70 pregnancy-related near-death experiences.
It's extremely important that we remove barriers in health care that may be contributing to these deaths.
Maternal mortality is caused by several issues such as cardiovascular problems, high blood pressure, blood clots, and complications of labor and delivery.
Maternal mortality is caused by several issues such as cardiovascular problems, high blood pressure, blood clots, and complications of labor and delivery. And Black Maternal mortality is a National Health crises.
Women's health is an issue that is very near to my heart. With reproductive rights being stripped from us, maternal mortality at an all-time high, and violence against women that has surged since the pandemic started, there is growing concern that women's health will continue to suffer on a massive scale.
I thank the Congressional Progressive Caucus colleagues for having me here today to talk about this important issue.