General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsA Hyde Amendment workaround? A workaround for abortions in HateStates?
What if, instead of any federal dollars going to abortion services, the feds simply rent offices to abortion providers on federal land at market rates?
The issue isn't so much abortion as the places where they can be performed.
Seems to me they can be performed on military bases, in national parks, maybe on Tribal lands?
Maybe in Federal buildings everywhere?
Just thinking out loud . . . . .
DBoon
(22,366 posts)NutmegYankee
(16,199 posts)DBoon
(22,366 posts)You are a resident of a state that bans abortion, you leave the state to have an abortion, upon returning they want to arrest you
roamer65
(36,745 posts)In the Free states we need laws cracking down on any anti-abortion activities outside of the clinics right away.
Being a resident of the Ann Arbor, Michigan area I may get involved in it.
Stinky The Clown
(67,799 posts)You can't easily get inside the fence. Getting on the land, in some cases, is easy. Site a building there, lease at market rate to a provider.
And it need not be a military base. ANY federal land will do.
Of course, if we can build it. the next GOP administration can tear it down.
LeftInTX
(25,341 posts)Stinky The Clown
(67,799 posts)LeftInTX
(25,341 posts)Military bases:
In 1978, however, antiabortion members of Congress reopened the abortion funding debate and successfully amended the FY 1979 DOD appropriations bill to prohibit the use of federal funds to provide abortion services. Congress renewed these restrictions every year until 1984 (albeit with some modifications), when the ban was made permanent in the FY 1985 DOD authorization bill. The law prohibits the use of DOD funds to perform abortions, except in cases of life endangerment.
Clinton's order settled the issue until 1995, when Congressunder the newly installed leadership of antiabortion Republicansimposed a statutory ban on the performance of abortions in military hospitals, even when paid for with private funds. Under the ban, a woman could pay for an abortion at military facilities using her own funds only in cases of rape, incest or life endangerment. (In practice, abortions in the case of life endangerment should be funded by the DOD.)
Tribal lands:
Why tribal lands are unlikely to become abortion sanctuaries
One of the biggest obstacles to opening up abortion clinics on tribal lands -- assuming tribes even have an interest in doing so -- is funding, said van Schilfgaarde.
A majority of American Indians and Alaska Natives get their health care from the Indian Health Service, a division of the Department of Health and Human Services. But for decades, abortions have largely been excluded from that health care because of the Hyde Amendment, which prohibits the use of federal dollars on abortions except in the cases of rape, incest and threats to the mother's life.
A 2002 survey by the Native American Women's Health Education Resource Center -- one of few existing sources of abortion data as it relates to Indigenous women in the US -- found that 85% of Indian Health Service facilities did not provide access to abortion services or refer patients to abortion providers, even in situations allowed under the Hyde Amendment.
"We've already had to figure out alternative ways to privately pay for abortions and had to drive hundreds of miles," said Elizabeth Reese, assistant professor at Stanford Law School and an expert in tribal, constitutional and federal Indian law. "I don't think this will force a lot of tribes to feel like this is an urgent change for them."
Given the restrictions under the Hyde Amendment, any tribe providing abortion services on their lands would largely need to rely on private funds -- something that few tribes could likely afford, van Schilfgaarde said. https://www.cnn.com/2022/06/26/us/tribal-lands-abortion-safe-havens-roe-cec/index.html
Put another way, Native women have long been living in a post-Roe reality.
Cecelia Fire Thunder was impeached by her own tribe while president of the Oglala Sioux Tribe after vowing to build an abortion clinic on the reservation.
Additionally, the SC is whittling away at sovereignty. Look at what happened a week or two ago. https://www.pbs.org/newshour/politics/supreme-court-rules-that-native-americans-prosecuted-in-tribal-courts-can-also-be-prosecuted-in-federal-court
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I suppose tribal lands could set up private pay clinics, but there could be legal issues with the providers themselves, unless the provider is a member of the tribe, but still I don't know how this works....Doctors and nurses are licensed by the state in which they provide. Tribes don't have their own licensing and medical examining boards. This would cost them too much money. Hence any private pay abortions on tribal lands would probably be performed by unlicensed providers. There is also this issue of a non-tribal person performing a crime on tribal lands. I don't think non-tribal members have immunity on tribal land.
Expanding services on military bases would only allow for abortions in the case of rape, incest, or life endangerment.
I could see civilian women going to military bases for emergency miscarriage or ectopic treatment if they can't obtain treatment at civilian facilities. We have an arrangement here in San Antonio. For years infants needing ECMO were transferred to military hospitals because they were the only hospitals which had ECMO. Additionally, many burn injuries are sent to the burn unit at Brook Army Medical Center. Women could probably be transferred to a military facility if they needed an abortion due to life endangerment. Unfortunately, rape or incest probably would not apply, unless the person was transferred from a civilian medical facility to a DOD facility.
I don't think there has ever been an abortion performed at a National Park...
SickOfTheOnePct
(7,290 posts)but using military bases is not a good idea...not at all easy to get onto a military base, nor should it be.
Sgent
(5,857 posts)some have highways that drive right through them and don't have fences for 100's of yards off the side -- a 2000 sq ft clinic built on base land but outside the fence would be no problem.
The real issue would be who would want to put the money up to lease / build a clinic then have an R come into office in 2 or 6 years and cancel the lease?
Cracklin Charlie
(12,904 posts)I live in one, and I love this term so so much.
How about VA hospitals?
Hekate
(90,692 posts)
is that my former Congresswoman a very intelligent, feminist, well intentioned, former high school nurse got it in there as a compromise so the godsdamned GOP would finally, finally vote for the ACA.
You notice they did finally vote for the ACA. And you notice it is a BFD that they did. But the damn Hyde Amendment is still with us.
Nevilledog
(51,106 posts)LeftInTX
(25,341 posts)Tribal clinics cannot perform abortions because they are federally funded.
I do not know if their land if federally funded, but I assume it is...
Stinky The Clown
(67,799 posts)I am not certain, but I understand it is about funding.
In my idea, the feds simply lease space at market rates. No federal money goes to the abortion provider.
LeftInTX
(25,341 posts)They could probably create something or tribal lands, but it would be up to the tribe to create the private set up...
Additionally the feds would need to set up a private system on military bases...Where do the doctors come from? In Texas they would probably doctors licensed in Texas. Where is the accountability? It would be with??? Texas??? Since the feds would not be providing services we can't use their doctors....So, we need providers licensed by the State of Texas. Their practice act now makes it illegal.
If you have a Democratic congressional rep, maybe ask that person.
Maybe we can have abortions performed on boats. By the way, it is done in some parts of the world
brooklynite
(94,576 posts)You'd have to build them. That costs money which isn't in the budget.
LeftInTX
(25,341 posts)OK v. Castro Huerta: Kavanaugh writes for 5-4 Court that states have concurrent jurisdiction to prosecute crimes committed by "non-Indians against Indians in Indian country."
I believe may already have jurisdiction to prosecute crimes committed by non-Indians against non-Indians on tribal lands.
https://www.democraticunderground.com/?com=view_post&forum=1002&pid=16867542