Friday Five 5 3.27.2020
Barry Sheets Legislative Consultant March 27, 2020 Now that Governor DeWine issued Orders preventing “non-essential” medical practices, and for shutting down and “staying at home” why hasn’t the DeWine/Husted Administration moved to ensure all Ohio abortion facilities are following the same rules everyone else has to? NEWS AND VIEWS 1. It is becoming more and more clear that abortion providers, both for-Profit (think Martin Haskell, Preterm, etc.) and the supposedly Non-Profit Planned Parenthood, believe they can ignore both Ohio Governor DeWine and Attorney General Yost’s Cease and Desist Order of last Friday (March 20). As of this writing, all Ohio Abortion Mills remain open and doing their business of killing babies (not an essential service); gathering in larger-than-10 groups; putting people, both their own staff and the women who are coming to these mills, at greater risk for contracting COVID-19. Please contact the Governor TODAY to get this situation corrected! 2. It is not just pro-life activist’s who see the failure of abortion mills to follow the health emergency rules as a problem, so do medical professionals. In a recent article, Dr. Christina Francis, Chair of the American Association of Pro-Life OB/GYN (AAPLOG), stated it is “medically irresponsible” to allow abortion providers to operate in the national health emergency, using up valuable resources and Personal Protective Equipment (PPE) in order to profit from elective surgeries and put women at risk. AAPLOG has joined a number of medical provider associations in calling for all elective abortions to be suspended in accordance with Centers for Disease Control (CDC) Recommendations to Mitigate the Spread of COVID-19. 3. The Right to ife Action Coalition of Ohio, has led the charge in demanding Ohio’seElected officials protect women’s (and unborn babies’) health during this COVID-19 crisis, and national Pro-Life Leaders have used our spur to submit a letter in petition to U.S. Health and Human Services Secretary Alex Azar, to address the false claims that abortion is “health care.” Perhaps the Trump Administration can address this glaring problem nationally, and help reduce the number of deaths in our country in a real and significant way! 4. God bless Texas! Specifically, Governor Greg Abbott, a leader who is not afraid of the Abortion-Industrial Complex, has ordered abortion providers in the Lone Star state to Cease Operations under the health emergency. The reason Texas’ order, which is similar to Ohio’s, is being paid more attention to? It comes with a promise of $1000.00 dollar fines and 180 days in jail for violating the Order, teeth which Ohio’s directive seems to lack. Abortion providers, not unexpectedly, are suing the state over the order. Ohio’s abortion providers are just simply ignoring the dog with all bark, no bite... 5. Could the eason the abortion providers in Ohio are not concerned about obeying the Attorney General’s Cease and Desist Order be the Ohio Department of Health’s “stay at home” order of Sunday, signed by Director Dr. Amy Acton, may have given them an escape clause? In the Order, under Clause 7 “Healthcare and Public Health Operations,” facilities that are deemed “essential” include" ...clinics... obstetricians and gynecologists;…providers of any related and/or ancillary healthcare services...” and that the term “Healthcare and Public Health Operations shall be construed broadly to avoid any impacts to the delivery of health care, broadly defined.” The Order also has a list of which entities are not exempted by definition, but abortion providing ambulatory surgical facilities are not among that list. Under Clause 17,“Enforcement” the order may be enforced by state and local law enforcement. If there is a question as to whether or not an entity should be enforced against, the Director delegates to local health departments the authority to answer the questions (and some of the local health departments have agreements with Planned Parenthood for certain service deliveries). Clause 19 clarifies that the order doesn’t modify or alter existing legal authority for the State to apply closure of a specific location for a limited period of time. A problem with this is that the Attorney General’s Cease and Desist Order didn’t direct the facilities to close! Finally, Clause 21 of the Ohio Department of Health Order specifically supersedes previous orders with which it conflicts. This would be the order of last Wednesday directing non-essential medical procedures to be delayed, which could be interpreted by the abortion providers as being superseded by this current “Stay at Home” Order! PROFILES Each installment of the Friday Five will bring thumbnail profiles of key policymakers and committees. United States Court of Appeals, Sixth Circuit—Judge Helene N. White. Judge White, a native of Jackson Heights, New York, earned a Bachelor's Degree from Barnard College in 1975 and a J.D. from the University of Pennsylvania Law School in 1978. She served in various positions as Judge in Michigan, at the District, Circuit and Michigan Court of Appeals levels from 1980-1988. White was nominated to the United States Court of Appeals for the 6th Circuit by President George W. Bush to a seat vacated by Judge Susan Neilson. Hearings on White's nomination were held before the United States Senate Committee on the Judiciary on May 7, 2008, and her nomination was reported by U.S. Sen. Patrick Leahy (D-Vt.) on June 12, 2008. White was confirmed on a recorded 63-32 vote of the U.S. Senate on June 24, 2008, and received her commission on August 8, 2008. Prior to her 2008 confirmation, she was nominated by President Bill Clinton during the 105th, 106th, and 107th Congresses to succeed Judge Damon Keith on the Sixth Circuit Court of Appeals; the Senate Judiciary Committee never considered White's nomination during those periods. In a notable case of Religious Liberty in relation to employment decisions, Hosanna-Tabor Evangelical Lutheran Church and School vs. EEOC, Judge White issued an opinion that the ministerial exception of a church in firing an employee didn’t apply because the plaintiff’s job didn’t qualify her as a minister, but as a lay teacher. This three-judge panel unanimous decision was overruled by an also-unanimous U.S. Supreme Court. Writing for the Court, Chief Justice John G. Roberts, reversed White and the circuit panel, finding that "the interest of society in the enforcement of employment discrimination statutes is undoubtedly important. But so too is the interest of religious groups in choosing who will preach their beliefs, teach their faith, and carry out their mission. When a minister who has been fired sues her church alleging that her termination was discriminatory, the First Amendment has struck the balance for us. The church must be free to choose those who will guide it on its way." Ohio State Board of Education At large—Martha Manchester. Manchester, a former teacher and business owner was appointed to the State Board in January 2017, by Governor John Kasich, who reappointed her to the seat before leaving office in January of 2020. Martha Manchester earned a Bachelor of Science Degree in Education with certification for Special Education 1-12, from The Ohio State University. She currently is a Partner and Office Manager for Manchester Farms General Partnership. Mrs. Manchester was previously employed as a Special Education Teacher at Indian Lake Schools. She founded Rainbow Nursery School and was the Administrator and Head Teacher. She also taught in the Waynesfield Goshen School District as a substitute teacher and is currently the district’s Released Time Program Coordinator. Mrs. Manchester serves on the Waynesfield Goshen Area Community Foundation Board and is a member of the New Hampshire Community Church. She has served in Children’s Ministry as Coordinator,Teacher, and middle school and high school youth Leader. She resides in Auglaize County with her husband, Tim; they have three children and five grandchildren. Manchester serves as the Vice Chair of the Board’s Integrated Student Supports Committee and as the Sub-Committee Chair of the Teaching, Leading & Learning Committee. Ohio House State and Local Government Committee: This House panel is responsible for reviewing legislation that affects the operations of Ohio’s local governmental entities. The committee is chaired by Rep. Scott Wiggam of Wayne County, himself a former county commissioner. The committee has nine Republican members and six Democrat members. The committee has had nearly 80 bills assigned to it since the start of the session in 2019; a large portion of these bills pertain to naming special days or months for various causes. Members work on issues relating to local government taxing and regulatory authority and some elections-related issues. The committee meets at 3:00p.m. on Wednesdays. Note: I, and the member organizations of the Right to Life Action Coalition of Ohio, extend our deepest sympathies to the family of freshman Representative Don Manning of New Middletown, who passed away suddenly last Friday from an apparent heart condition. Representative Manning was the Vice Chairman of the House Health Committee, served on the Agriculture & Rural Development and Criminal Justice Committees, and was a Champion for Medical Freedom issues. His presence and participation in our state’s public policy process will be missed. No plans have been announced regarding the filling of the 59th District (Mahoning County) seat he held.