Listen to the amazing story of how one young man took on the abortion industry, exposing their greed and callous regard for human life on video. David Daleiden, the founder of The Center for Medical Progress (CMP), exposed Planned Parenthood benefitting from the sale of aborted baby body parts, including hearts, brains, and lungs. Planned Parenthood said at the time that the videos were “heavily edited.” But a recent court ruling vindicated David and CMP’s work, ruling the videos were authentic and not deceptively edited as the lower district court had insinuated.
The U.S. Senate is poised to vote Monday, February 25, on the Born Alive Abortion Survivors Protection Act. This crucial legislation would shield a newborn who survives an attempted abortion from being denied the right to live. Doctors would be required to provide the same medical care to a newborn survivor of abortion that would be offered to any other baby at the same gestational age.
Unfortunately — unbelievably! — infants born alive are not guaranteed these protections under federal law, giving abortion doctors the green light to turn their backs on a helpless baby after a botched abortion. Such negligence is nothing less than enabling infanticide.
We need you to act today. Too many senators are in the pocket of the big abortion lobby. They are doing everything they can to avoid the issue and obstruct a vote. Even if your senators are strong on the life issue, they need to hear from you and know you are standing with them.
U.S. senators are home next week (February 19-22), and a vote is expected when they return. We are asking you to visit the district offices nearest you NEXT WEEK and tell your two U.S. senators to reject infanticide and vote for the Born Alive Abortion Survivors Protection Act.
If you are unable to visit in person, please contact both of your senators. Time is short, so please make this a priority! (Here is the link to our action center with a sample message you can personalize.)
It is unbelievable that saving a newborn baby fighting for life should be a partisan issue. But the left has completely rejected common sense. They are not willing to call infanticide for what it is and are spreading lies about the need for the legislation. Here’s the truth: federal law does not protect a survivor of abortion. At least one-third of states, including New York, have extreme abortion laws that make infanticide LEGAL. Virginia Gov Ralph Northam publicly endorsed infanticide when he defended a radical abortion proposal that would make abortion legal at any time in pregnancy, including while giving birth! This is insanity.
Thank you for taking action on this issue. Please pray that the U.S. Senate will vote to save these little ones.
This document provides an overview of state laws (as of February 8, 2019) as they relate to late-term abortion, born-alive protections, and public funding of abortion.
Some states adhere to the Roe standard of viability, which is defined by the Supreme Court in Roe as “the capacity for meaningful life outside the womb, albeit with artificial aid” and not just “momentary survival.” Unless specifically stated otherwise, references to “health” adhere to the definition of health in Doe v. Bolton: “all factors — physical, emotional, psychological, familial, and the woman’s age — relevant to the well-being of the patient.” If a state is listed as “N/A,” then there are no state laws regarding either an abortion limit or exceptions. However, these states are subject to the federal precedent of viability in Roe, but if Roe were overturned, then these states would have no limits on abortion. [READ MORE …]
Washington, D.C. – Tonight in his 2019 State of the Union Address, President Trump again proved his commitment to the unborn by highlighting the importance of the sanctity of life.
Penny Nance, CEO and President of Concerned Women for America Legislative Action Committee, issued the following statement in response:
“President Trump’s choice to recognize and reinforce this nation’s commitment to the sanctity of life in the State of the Union address tonight was crucial at this moment in our nation’s history. Belief in dignity of all human life — even those deemed less than perfect by some — is essential and fundamental to our nation. This principle is in large part what sets us a part from other nations who callously dispose of or abuse women, children, and others whom they find inconvenient.
“During the last two weeks, the far left and Planned Parenthood have been unmasked to reveal their shocking extremist views that abortion should be legal with no exceptions up until birth. New York state’s barbaric new law is a direct violation of human rights and must be reversed. Other states like Virginia and Rhode Island are considering following their lead.
“Concerned Women for America members around this nation will fight infanticide bills with every breath in our bodies.
“Our nation desperately needs leadership on this issue at this time, and our president once again did not disappoint. President Donald Trump continues to be the most pro-life president in U.S. history. Thank you, President Trump, for your unwavering support of pre-born babies.”
Last Thursday, Senator Ben Sasse (R-Nebraska) expressed his disgust with Virginia Governor Ralph Northam’s (D) comments describing how a child born alive after a botched abortion would be allowed to die. Sen. Sasse announced his intent to offer his bill, the Born–Alive Abortion Survivors Protection Act, via Rule XIV. This procedural measure in the Senate is an expedited way to move a bill, but it requires unanimous consent. The Born-Alive bill protects infants who are born alive after an attempted abortion. The bill requires appropriate medical care for any child who survives an attempted abortion, as well as establishing criminal penalties for health-care practitioners who violate this requirement.
This legislation does not impose restrictions on abortion and is not a way to prosecute women who have abortions; but it is a protection of human dignity and a reflection on our basic humanity. The Born-Alive Abortion Survivors Protection Act guarantees that if a child of an attempted abortion is born alive, he or she will receive the medical care that would otherwise occur if the child was born at that gestation under normal circumstances. This bill is not even about abortion; it’s about protecting children from infanticide.
Senator Murray (D-Washington) objected to the unanimous consent request and said caring for infants born alive after an abortion was already law. Congress did pass a weak born-alive bill via unanimous consent in 2002, but this law does not have any enforcement mechanism behind it. That is what Sen. Sasse’s bill would provide. The comments made by Gov. Northam demonstrate there is great need for this existing law to be strengthened. If a governor who served as a pediatrician for decades has no problem detailing how to break the law and allow a newborn child to die after a botched abortion, then the penalties for doctors who do this are not high enough. Senate Majority Leader Mitch McConnell has stated there will be a vote on Born Alive in the coming weeks, so this is not totally dead in the Senate.
During the State of the Union, President Trump expressed passionate concern over this issue and called on Congress to protect innocent life. Representative Ann Wagner (R-Missouri) introduced this bill in the House this week. Because Speaker Pelosi and her House majority are hostile to this bill, Minority Whip Steve Scalise (R-Louisiana) announced that, after 30 legislative days, he will file a discharge petition that would force a vote if it is signed by a majority of House members (218). During these 30 legislative days, different Members of Congress will be speaking in support of Born Alive on the House floor and will be asking for unanimous consent for a vote on born alive every day for 30 legislative days until this discharge petition is ripe and can be considered. Will democrats keep objecting?
Please call your representative today and ask him/her to sign Whip Scalise’s discharge petition for H.R. 962, the Born Alive Abortion Survivors Protection Act.
This was a beautiful speech tonight by President Donald J. Trump. It wasn’t perfect, but it was a compassionate speech from beginning to end. It was the total opposite of everything the mainstream media says President Trump represents. If you did not watch it, you should take the time to see it for yourself. Do not believe the pundits. They have lied to us. Blatantly so.
They twist and turn the words and attribute malicious intent where there is none. They are on the hunt for “factchecks” and constantly present him in the worst light possible. We must resist these manipulations. Listen to President Trump. Listen to this speech and judge for yourself.
LIVE now: President Trump’s second State of the Union Address https://t.co/K4ytXhQmIX
— The White House (@WhiteHouse) February 6, 2019
From the very beginning of the speech, he celebrated the 75th year of the Allied liberation of Europe in World War II. “On D-day, June 6, 1944, 15,000 young American men jumped from the skies, and 60,000 more stormed in from the sea to save our civilization from tyranny,” he said as he presented Private First-Class Joseph Riley, Staff Sergeant Erving Walker, and Sergeant Hartman Zeitcheck. “Gentlemen, we salute you,” he said, and America saluted with him. He also saluted Buzz Aldrin, celebrating the 50th anniversary of the planting of the American flag on the moon. Another kind gesture, celebrating the best of America.
When he celebrated the great economic numbers, his focus was on those he is always being pinged against. He spoke compassionately:
Nearly 5 million Americans have been lifted off food stamps … Unemployment has reached the lowest rate in over half a century. African-American, Hispanic-American, and Asian-American unemployment have all reached their lowest levels ever recorded. Unemployment for Americans with disabilities has also reached an all-time low. More people are working now than at any time in the history of our country.
When he spoke about judicial nominations, he spoke with a unifying tone: “We must be united at home to defeat our adversaries abroad. This new era of cooperation can start with finally confirming the more than 300 highly qualified nominees who are still stuck in the Senate, in some cases years and years waiting …” And, again, he showed compassion for the nominees as individuals with families pointing out the unfairness of what the process has become.
He then went deeper:
In the last Congress, both parties came together to pass unprecedented legislation to confront the opioid crisis, a sweeping new farm bill, historic V.A. Reforms, and after four decades of rejection, we passed a V.A. Accountability, so we can finally terminate those who mistreat our wonderful veterans. And just weeks ago, all parties united for groundbreaking criminal justice reform.
President Donald J. Trump has led on all these issues. What do you think would have been said of President Barack Obama if these historic efforts had happened under his watch? This is a decidedly compassionate president, and Americans are not being allowed to see this side of President Trump. It is time we wake up and allow the true man –the full man, warts and all, but with this compassionate side, too—instead of this malicious caricature we are constantly fed.
President Trump was visibly moved as he spoke of Alice Johnson and Matthew Charles who were helped by the criminal justice reforms. Alice had become a minister in prison and has dedicated her life to helping others choose a better path. Matthew became a law clerk. These are stories of redemption and grace and compassion.
He spoke with compassion (as he has done in the past, I should note) about illegal immigration. Again, if we just take a moment to listen to the president and stop listening to the predators living off of his every tweet, it is almost shocking to see. He said, “I want people to come into our country in the largest numbers ever, but they have to come in legally.” Will that make the headlines tomorrow?
The president added:
Tolerance for illegal immigration is not compassionate, it is actually very cruel. One in three women is sexually assaulted on the long journey north. Smugglers use migrant children as human pawns to exploit our laws and gain access to our country. Human traffickers and sex traffickers take advantage of the wide-open areas between our ports of entry to smuggle thousands of young girls and women into the United States and to sell them into prostitution and modern-day slavery. Tens of thousands of innocent Americans are killed by lethal drugs that cross our border and flood into our cities, including meth, heroin, cocaine, and fentanyl. The savage gang MS-13 now operates in at least 20 different American states, and they almost all come through our southern border. Just yesterday, an MS-13 gang member was taken into custody for a fatal shooting on a subway platform in New York city.
Friends, none of this is racist. I say that as a Hispanic myself. The president speaks with a compassionate tone. And perhaps he doesn’t always, but the rush to paint him as the next Hitler is simply grotesque, and Americans of all political persuasions should reject that type of character assassination. At some point, we must demand that our lawmakers engage the president on the struggle to come up with innovative ideas to address America’s problems. He puts forth a compelling, compassionate case, and to simply make fun of him in general simply should not cut it.
But the most powerful part of the speech came when he addressed the sanctity of human life. He first spoke about his support for paid family leave, “I am also proud to be the first president to include in my budget a plan for nationwide paid family leave — so that every new parent has the chance to bond with their newborn child.” And then contrasted that parent-child bond with the atrocious late-term abortion laws we have seen in several states like New York and Virginia. His next words were:
There could be no greater contrast to the beautiful image of a mother holding her infant child than the chilling displays our nation saw in recent days. Lawmakers in New York cheered with delight upon the passage of legislation that would allow a baby to be ripped from the mother’s womb moments before birth. These are living, feeling, beautiful babies who will never get the chance to share their love and dreams with the world. And then, we had the case of the governor of Virginia where he stated he would execute a baby after birth. To defend the dignity of every person, I am asking the Congress to pass legislation to prohibit the late-term abortion of children who can feel pain in the mother’s womb. Let us work together to build a culture that cherishes innocent life. And let us reaffirm a fundamental truth — all children — born and unborn — are made in the holy image of God.
This was a historic moment for the fight to stand for those who cannot speak for themselves, unborn babies. We must give thanks to God for a president willing to stand in the gap, when so many have wavered because of political considerations, and speak truth. He should be celebrated for his courageous stance for life.
He spoke compassionately about the people of Venezuela: “We stand with the Venezuelan people in their noble quest for freedom — and we condemn the brutality of the Maduro regime, whose socialist policies have turned that nation from being the wealthiest in South America into a state of abject poverty and despair.”
President Trump had strong words against the socialist policies that continue to creep into our country. He said, “Here, in the United States, we are alarmed by new calls to adopt socialism in our country. America was founded on liberty and independence – not government coercion, domination, and control. We are born free, and we will stay free.”
I was glad to remind my twitter followers that by standing against socialism, we stand in favor of religious liberty. History bears witness to the abuses against the church and the freedom of all peoples to worship God as they see fit, under socialist regimes. That is one reason why President Trump showed his compassion for the American people as he said, “Tonight, we renew our resolve that America will never be a socialist country.”
There was much more. He spoke of health care and fighting AIDS and cancer, again using powerful examples of the lives for which he is fighting.
He finished with these powerful words, invoking our motto (still), “In God We Trust”:
This is the time to rekindle the bonds of love and loyalty and memory that link us together as citizens, as neighbors, as patriots. This is our future — our fate — and our choice to make. I am asking you to choose greatness. No matter the trials we face, no matter the challenges to come, we must go forward together. We must keep America first in our hearts. We must keep freedom alive in our souls. And we must always keep faith in America’s destiny — that one nation, under God, must be the hope and the promise and the light and the glory among all the nations of the world! Thank you. God bless you, God bless America.
So, I will forever remember this State of the Union Address as the compassionate one. I’ll tell my children and my children’s children that it was delivered in 2019 by President Donald J. Trump. I’ll tell them I count myself privileged to have watched it.
Mario Diaz, Esq. is CWA’s general counsel. Follow him on Twitter @mariodiazesq.
Washington, D.C. – Concerned Women for America joins Susan B. Anthony List, The Virginia Family Foundation, Students for Life, and other pro-life organizations in holding a press conference this Saturday, February 2, in Lorton, VIrginia, to oppose Virginia Delegate Kathy Tran’s bill allowing abortions up until the moment of birth. Virginia Governor Ralph Northam (D) has not only failed to disavow the bill but went so far as to say that mothers and physicians can discuss a child’s viability post-birth.
Penny Nance, Concerned Women for America,
Denise Cappuccio, Concerned Women for America
Marjorie Dannenfelser, Susan B. Anthony List
Victoria Cobb, The Virginia Family Foundation
Olivia Gans Turner, Virginia Society for Human Life, National Right to Life
Amy McInerny, Diocese of Arlington
Tina Whittington, Students for Life
Amy McInerny, Respect Life for the Catholic Diocese of Arlington
Alison Centofante, Live Action
Janae Stracke, Heritage Action for America
WHAT: Rally to Stop Abortion Extremism in Virginia #ResistInfanticide
WHEN: Saturday, February 2, 12:00 p.m., Noon
WHERE: South County High School
8501 Silverbrook Rd, Lorton, Virginia 22079
Penny Nance, CEO and President of Concerned Women for America, said the following:
“Abortion undermines every life. In the United States of America, the beacon of human rights to the world, abortion is giving way to infanticide. Pro-life leaders have been warning about this for decades, and now we’re facing what we always knew would be the reality. Delegate Kathy Tran’s bill, which allows an abortion even as a baby is preparing to come through the birth canal, is unspeakably evil, and Gov. Northam’s commitment to stand by it is unforgivable.”
After being exposed for their unscrupulous attempts to sell baby body parts for profit, Planned Parenthood, the largest abortion provider in the nation, tried to discredit the evidence in a massive PR campaign. They claim the videos which clearly showed they sought to benefit from the sale of aborted baby hearts, brains, lungs, etc. were “deceptively edited.”
This blatant lie was so flagrantly promoted by the liberal mainstream media that many Americans, including some judges, took it as fact.
Thankfully, we still have independent-minded judges who refuse to adjudicate based on popular beliefs, choosing instead to follow the law as written, even in difficult cases. Such was the case with a panel from the Fifth Circuit Court of Appeals who took a look at the evidence in Planned Parenthood of Greater Texas v. Smith.
The panel found a district court who had fully sided with Planned Parenthood’s characterization of the video evidence based on their word alone had abused its discretion. The Fifth Circuit panel composed of Judges Edith Jones, E. Grady Jolly, and Catharina Haynes, said, “The district court stated, inaccurately, that the CMP video had not been authenticated and suggested that it may have been edited” (Emphasis mine). The appellate panel was not just acting on emotion or personal preference by writing this, there was no evidence, aside from Planned Parenthood’s word, to sustain the district court’s characterization of the videos. The court notes:
In fact, the record reflects that [the Texas Health and Human Services Commission Office of Inspector General (OIG)] had submitted a report from a forensic firm concluding that the video was authentic and not deceptively edited. And the plaintiffs did not identify any particular omission or addition in the video footage. (Emphasis mine)
This simple statement of truth has sent shockwaves around the country. And we shouldn’t be surprised. Just as darkness cannot withstand the light, lies crumble at the sight of truth. The court’s acknowledgment is also great vindication for David Daleiden, the founder of The Center for Medical Progress (CMP), who produced the groundbreaking undercover videos exposing the dubious, unethical, immoral, and potentially criminal enterprise.
Daleiden said in a statement: “CMP’s undercover video series caught Planned Parenthood’s top leaders openly admitting to selling baby body parts for profit in violation of federal law. Tonight, the Fifth Circuit Court of Appeals vindicated our citizen journalism work by debunking Planned Parenthood’s smear that the videos were ‘heavily edited’ or ‘doctored.’”
The Texas case dealt with the state’s efforts to terminate its Medicaid provider agreement with Planned Parenthood after their unethical behavior was revealed by the CMP videos. Federal law allows states to terminate a Medical provider agreement when, as in this case, there is evidence of a program violation. The Court explained that, “A ‘program violation’ includes any violation of federal law, state law, or the Texas Medicaid program policies.”
Federal law makes it a crime “to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce” (42 U.S.C. 289g-2). Not only that, it also requires “no alteration of the timing, method, or procedures used to terminate the pregnancy [be] made solely for the purposes of obtaining the tissue” (42 U.S.C. 289g-1(b)(2)). This is exactly what we see in the forensically-authenticated CMP videos.
The court noted several statements where the videos clearly show Planned Parenthood was willing and able to change the abortion procedure to obtain “intact specimens.” Quoting their representative:
Yeah. So she knows what’s involved in modifying what we need to do to get you the specimens that are intact because she’s done it. … And she was doing those here.
Note Planned Parenthood not only admits it is willing to alter its abortion procedures for this purpose in the future, but it alleges they have done it in the past, also. There are numerous statements of this nature. The lower court dismissed all those statements because it wholeheartedly took Planned Parenthood’s word that they didn’t mean any of it. The appellate panel said, “The district court credited [Planned Parenthood’s] self-justifying explanations.”
It would be like a court believing an abuser because he shows up in court and says he didn’t do anything, while dismissing outright all the bruises and testimony from the victim. The district court’s decision was not based on facts but preference. One can see that when the appellate court notes the lower court actually concluded there was no “evidence, or even a scintilla of evidence,” for Texas’ conclusions about Planned Parenthood. Whatever you think of their decision, any reasonable observer can see that the videos are something – gosh, are the millions of people troubled by them just uneducated troglodytes?
It is that type of extreme, unmeasured action by a judge which shows they are not approaching a case and the evidence in good faith. The appellate court, on the other hand, approached the case with the evenhandedness that is at the heart of ensuring a just outcome. It identifies the case as a case of “judicial review of an agency action.” And accordingly, it gives proper deference to the state agency on its determinations. It noted, “despite being litigated with the trappings of the abortion debate, this is fundamentally a statutory construction case, not an abortion case.”
This is the model of judicial restraint that should be paramount in our judicial system. The court gives deference to the state agency in making its determination based on legitimate evidence of misconduct.
Planned Parenthood argued that Texas could not even make a determination on them because “OIG has insufficient expertise to determine the qualifications of abortion providers.” Unbelievably, the lower court had gone along with Planned Parenthood in that argument too.
Fortunately, the appellate panel gave a proper smackdown to that inane notion:
We reject this argument. OIG is the agency that the state of Texas has empowered to investigate and penalize Medicaid program violations. The agency is in the business of saying when providers are qualified and when they are not. That the Chief Medical Officer is a surgeon—and not himself an abortion provider— does not mean that he deserves no deference when deciding whether a provider has failed to meet the medical and ethical standards the state requires. It is even odder to claim that federal judges, who have no experience in the regulations and ethics applicable to Medicaid or medical practice, much less in regard to harvesting fetal organs for research, should claim superior expertise. (Emphasis mine)
The appellate court ultimately vacated the preliminary injunction imposed by the district court. It remanded the case back to limit the review to the agency record, taking a serious look at the evidence in the videos and not merely at Planned Parenthood’s self-serving explanations after the fact. It also asked the lower court to review the case under the proper arbitrary-and-capricious standard. Here’s hoping they follow through on their application of the law this time, regardless of the political pressures that come with any case even remotely associated with Planned Parenthood.
Mario Diaz, Esq. is CWA’s general counsel. Follow him on Twitter @mariodiazesq.