VA Governor Limit Work Hours to Avoid Paying for Obamacare

As part of Virginia’s 2013 Budget, Governor Bob McDonnell has limited the amount of hours an hourly employee of the state can work in a week in an attempt to avoid paying for healthcare as required by the Affordable Care Act.

The VA budget would limit hourly workers to a maximum of 29 hours per week. Under the Affordable Care Act, an employer (in this case, the state of Virginia) must provide healthcare to anyone working 30 hours or more a week. This limitation appears in both the state House and Senate versions of the budget passed last week. By limiting the number of hours hourly wage workers can work, the state could avoid spending $110 million a year in health benefits.

According to the Virginian Pilot, the sector that could face the hardest challenge under the new limitations is adjunct faculty and community colleges. Adjunct professors are often paid a one-time fee for each course taught, but are still considered hourly wage employees. With the new changes, adjunct faculty could lose a third of their current wages, despite having an almost full course load.

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BREAKING NEWS: Defense Department to Extend Benefits to Same-Sex Couples

The Department of Defense released a memo today outlining a plan to extend benefits to same-sex partners of military members. Some benefits extended to same-sex partners include child care, youth programs, legal assistance, disability and death compensation, and the right to visit a loved one in the hospital. The announcement fails to extend full health care benefits because federal law still prohibits same-sex couples from receiving them.

Defense Secretary Leon Panetta called for a change in military procedure “to ensure fairness and equal treatment and to take care of all of our Service members and their families, to the extent allowable under law.”

In an interview with USA Today, Panetta said he does not expect resistance to the benefits extension once troops are fully educated on the issue. “When it comes to benefits, we’ve got to lay some of the same groundwork,” Panetta said in the interview. “You just have got to educate people. People who are serving in the military and putting their lives on the line deserve some of the benefits that go with that. We’ve just got to be able to tie those two together in a way that the military understands and accepts.”

The military now has a 60 day window to determine the extent at which these benefits will be extended. The new benefits are expected to go into full effect no later than August 31st of this year.

OutServe-SLDN, an association of actively serving LGBT military personnel, has released a guide containing more information about what these changes mean for service members.

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ND Personhood Bill Moves to House

The North Dakota state Senate approved an initiative on a 26 to 21 vote Thursday that, if passed by North Dakota Voters in 2014, would amend the state constitution to state that life begins at conception. The initiative, SB 2303, states it “ensures that the protection that our criminal laws afford[ed] to victims of crimes extends to all human beings born and unborn.” If the Personhood Constitutional Amendment initiative also passes in the state House, it will appear on the ballot in the midterm 2014 elections.

The initiative’s sponsor, Margaret Sitte (R-Bismarck), told Reuters, “This amendment is intended to present a direct challenge to Roe v. Wade.” CEO of Planned Parenthood Minnesota, North Dakota, and South Dakota Sarah Stoesz, said in a statement, “Planned Parenthood will continue to fight these legislative attacks on women’s health in partnership with a broad coalition of doctors, patients, teachers, lawyers and other concerned North Dakotans who do not want to see politicians inserting themselves into the private medical decision-making of women and families in our state.”

Yesterday, the state Senate also passed Senate Bill 2305, which would require physicians at Red River Women’s Clinic in Fargo, the only clinic in the state that provides abortion services, to also have admitting privileges at a local hospital.

A similar law in Mississippi is threatening to close the state’s only abortion clinic because both primary physicians at the clinic are board certified, but have been denied privileges by every local hospital. So-called “personhood” laws are often thinly veiled attempts to ultimately eliminate abortion rights. “Personhood” laws also could potentially threaten women’s ability to access birth control and emergency contraception, IUDs, in-vitro fertilization and even emergency health care that might put a fertilized egg in danger.

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Grassley Amendment on VAWA Dies

An amendment to the Violence Against Women Act (VAWA) proposed by Senator Charles E. Grassley (R-IA) has failed yesterday on a 65 to 34 Senate vote. The proposed amendment would have removed protections for LGBT victims of domestic violence, allow for new restrictions on U visas given to immigrant victims of domestic violence, prevented tribal courts from prosecuting non-Native defendants who are accused of assaulting Native women on tribal lands, and would even eliminate the language “woman” from the largest grant program within VAWA.

“The proposed substitute bill would remove fundamental points of fairness that are at the core of this legislation. We need to cover everyone who experiences domestic and sexual violence in this country,” Senator Patrick Leahy (D-VT), sponsor of VAWA, said.

In late January, Senators Mike Crapo (R-ID) and Patrick Leahy (D-VT) reintroduced a bill to reauthorize the Violence Against Women Act (VAWA). The bipartisan-supported Senate VAWA includes expanded protections for Native American women, LGBTQ individuals, students, and immigrant women.

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Tennessee State Senator Submits Mandatory Ultrasound, Waiting Period Bill

Tennessee state Senator Jim Tracy (R-Shelbyville) introduced a bill earlier this week that would force women to have a mandatory ultrasound no less than 24 hours before having an abortion.

Senate Bill 632 [PDF] would require women seeking an abortion to be shown a transabdominal ultrasound and listen to any detected heartbeat. If a woman refuses to see the ultrasound, an ultrasound technician must describe the image. Women will also be offered a printed copy of the ultrasound. After having the ultrasound, a woman must wait at least 24 hours before proceeding with an abortion.

Tennessee House Democrats issued a statement condemning Senator Tracy’s bill. Representative Gloria Johnson (D-Knoxville) said “If Sen. Tracy is truly interested in preventing abortions, he should take the money that we will have to pay to defend this potentially unconstitutional law and put it toward preventative contraception, prenatal health care, and pre-K education… As a woman and a teacher, I wish my fellow legislators would focus less time on trying to play doctor, and more time on helping women gain access to quality health care, a good education, and higher-paying jobs.” Rep. Sherry Jones (D-Nashville) said, “Tennessee’s women should not have to suffer more intrusive laws that violate their right to privacy just so Sen. Tracy can polish his conservative credentials in his race against Congressman Scott DesJarlais [for U.S. Representative]… Republicans have spent the past three years complaining about how the government shouldn’t stand between a patient and their doctor, but with this legislation that is exactly what they are trying to do.”

Planned Parenthood of Middle and East Tennessee CEO Jeff Teague spoke with local news outlet WKRN about the proposed bill: “These are decisions, private medical decisions that women should be able to make without any interference or intrusion from the government… telling women information in cases when they don’t want to hear it, forcing women against their will to have the information is designed to shame them, to coerce them and with the intent for them to change their minds about decisions they’ve already made, is never a good idea.”

According to the Tennessean, mandatory waiting periods have been struck down in Tennessee before as a result of a privacy clause in the state’s Constitution. If Senate Bill 632 were to pass, the measure would likely see legal challenges.

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Sally Jewell Nominated for Secretary of the Interior

Yesterday, President Obama announced his nomination of Sally Jewell as the Secretary of the Interior. Jewell is the first woman nominated for an open position on the Cabinet in President Obama’s second term.

Jewell is currently the chief executive officer for Recreational Equipment, Inc (REI) which is devoted to outdoor equipment and apparel. She worked with the Administration on the “America’s Great Outdoors Initiative” and assisted the National Park Service as a commissioner on the “National Parks Second Century Commission.” In 2009, she was the recipient of the Rachel Carson Award for Environment Conservation presented by the Audubon Society. Environmental rights organizations such as the Nature Conservancy and the Sierra Club have endorsed her nomination. Prior to her position at REI, Jewell was a banking executive and spent three years with Mobil Oil immediately after college.

If confirmed, Jewell would be the second woman to hold the position of Secretary of the Interior in the history of the United States. The Department of Interior is charged with protecting the nation’s public lands and managing natural resources on federal lands.

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Mississippi Senate Bill Threatens Abortion by Pill

On Tuesday, a Mississippi state Senate committee approved a bill that could threaten the use of medical abortion in the state. It now goes before the full state Senate for debate and a possible vote.

Senate Bill 2795, also known as the “Women’s Health Defense Act,” [PDF] seeks to force abortion providers to follow outdated FDA guidelines for the prescription of mifepristone and misoprostol, abortion-inducing medications, and requires a physician to administer all doses. This would require women to go to four doctor appointments to complete a medical abortion, which would only be available within the first seven weeks after a woman’s last normal menstrual period. The Senate bill also requires that doctors report every prescription of mifepristone to the Mississippi Department of Health.

This bill is the just the latest attempt to eliminate abortion in the state of Mississippi. Though a “Personhood” Amendment was overwhelmingly defeated in 2011, in April 2012 Mississippi’s governor, Phil Bryant, signed House Bill 1390 into law. Under House Bill 1390, doctors who perform abortions must have admitting privileges at a local hospital and they must be board certified OB-GYNs. Currently both primary physicians at the state’s only abortion clinic are board certified, but have been denied privileges by every local hospital. As a result, the clinic is currently facing the threat of closure.

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UK House of Commons Advances Same-Sex Marriage Bill

On Tuesday, the United Kingdom House of Commons approved a bill which grants same-sex couples the right to marry on a 400 to 175 vote. Since 2004, citizens of England and Wales have only been granted civil partnerships. If the “Marriage Bill” passes in the House of Lords and becomes law, LGBTQ unions will be recognized as marriages nationwide in civil and religious ceremonies. Existing civil partnerships will be able to be converted into a recognized marriage. The bill will also allow transgender individuals to be legally recognized as their preferred gender without jeopardizing their unions.

MPs who oppose the bill take issue with the concept of a gay partnership being blessed. Sir Roger Gale suggested giving civil unions more power instead of granting gay men and women the right to marry. He believes the priority must be to “strengthen the concept that marriage is a union between one man and one woman.” However, the bill allows individual religious institutions to decide whether or not they will perform same-sex marriage ceremonies.

Others view the bill’s passage as a sign of great nation human rights progress. “This is a proud day and an important step forward in the fight for equality in Britain,” said UK Labour leader Ed Miliband. The British Prime Minister David Cameron said of the passage “Last night’s vote will be seen not just as making sure there is a proper element of equality, but also helping us to build a stronger and fairer society.”

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Colorado Bill Banning Abortion Dies

A proposed bill that would have made it illegal to receive or perform an abortion in the state of Colorado has died in a state House committee.

House Bill 13-1033 would have completely outlawed elective abortions in the state and would have made it a class 3 felony for doctors to perform them. The motion to postpone the bill indefinitely passed on a 6 to 5 vote. The bill would have granted exemptions to cases where the mother’s life was at risk and when an unborn child unexpectedly died in the womb. No exemptions were outlined in terms of rape or incest.

This bill is one of many anti-abortion bills expected to be introduced in the Colorado state House this session. RH Reality Check reports that other bills include a ban on “sex-selective” abortions and a ban on taxpayer funding for abortions.

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Family Medical Leave Act Turns Twenty

Today marks the twentieth anniversary of the Family Medical Leave Act (FMLA), which grants job-protected sick leave to those who are recovering or taking care of someone recovering from an illness or those who have had a new child.

The FMLA was signed into law on February 5, 1993 by President Bill Clinton and is still the only piece of legislation designed to help workers manage the balance between work and family life. Under the FMLA, workers can receive up to 12 weeks of unpaid sick leave in order to raise a new child within one year of birth or adoption; care for a spouse, child or family member with serious injury or illness; recover from a serious injury or illness; or receive up to twenty-six work weeks within a year when caring for a family member with a serious illness in the military (“military caregiver leave”). In 2010, the FMLA was expanded to include LGBTQ parents as well as relatives who act as primary caregivers. And in 2012, the Department of Labor changed the FMLA to include up to 12 weeks of exigency leave to assist a relative in the armed forces who is deployed on short notice in order to handle financial, legal, or childcare resulting from the deployment.

Despite the multiple gains of the FMLA, nearly half of all families who qualify for medical leave do not take it because they cannot afford [PDF] to take unpaid leave. In fact, according to Bureau of Labor statistics for 2011, 36% of all Americans age 25 -34 and 71% of Americans 15 – 24 did not have any paid sick leave.

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VA Senate Rejects Drug Tests for Welfare Recipients

On Monday, the Virginia state Senate rejected a bill that would have required screening and possible testing for illicit drug use in order to qualify for state assistance.

In a party line vote of 20-19, the state Senate rejected the bill proposed by Senator Bill Carrico (R-Grayson) that would require those applying for public assistance to undergo a preliminary screening for drug use. Recipients suspected of drug use would then be required to take a drug test. If an individual tested positive, they would lose state benefits for a year unless they attended a rehabilitation program. Senator Larry Blevins (R) did not vote.

While supporters of the bill argued that the intent was to prevent taxpayer money from being used to sustain drug habits, opponents argued that it was an attack on low-income families based on stereotypes. Senator Mamie Locke (D-Hampton) said “Drug tests for welfare recipients are demeaning…Why are poor people singled out for testing? Why not legislators?…Why is it assumed the poor and only the poor are using drugs?” In a press release, Senator Barbara Favola (D-Arlington) said “These are unfair and punitive measures that single out struggling Virginians simply because they are poor. In fact, studies show that welfare recipients have a lower percentage of illegal drug use than the general population. As a taxpayer, I believe money should not be spent on a problem that does not exist.”

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Two Bills Limiting Abortion Access Pass in Arkansas House

Yesterday, the Arkansas state House approved a bill that would outlaw abortions after twenty weeks of pregnancy without any exception for rape or incest on a vote of 75 to 20. The bill will now move to the Senate Public Health, Welfare and Labor Committee for a final decision. The state House also approved a measure prohibiting insurers in the state exchange program created by the Affordable Care Act from providing abortion coverage exception in case of rape, incest or to save the life of the mother.

The sponsor of the 20 week ban, state Rep. Andy Mayberry (R-Hensley), told the Associated Press that a commitment to the preservation of potential new life is essential in a lawmaker: “If our constituents cannot trust us, their elected representatives, to defend the most basic and essential of human rights, that of life, how can they possibly trust us to have the wisdom and discernment to make appropriate decisions regarding all of the other daily issues that face us?”

A Democratic representative of the House, state Rep. Greg Leding (D-Fayetteville), argues that the bill’s failure to address victims of rape and incest is a serious oversight: “What if [a] woman is a 12-year-old girl and she’s raped by a family member or friend and she’s too afraid to speak or at that young age is simply unaware that she’s pregnant?” Rep. Leding opines that the twenty-week deadline is not reasonable in more disturbing cases of accidental pregnancies and that the bill has little concern for the health and safety of women.

According to Reuters, seven states have outlawed abortion after the twenty-week mark. The law is being challenged in Arizona and Georgia on the grounds that it is unconstitutional.

The second measure restricting insurance coverage for abortion under a state exchange program could limit abortion access for many women, especially women of lower-income, who would be forced to pay for the procedure out of pocket. The author of the bill, state Rep. Butch Wilkins (D-Bono), says the bill would prevent taxpayers who are morally opposed to abortion from supporting the procedure financially. Opponents say that the Hyde amendment already prevents taxpayer money from funding abortion care, thus making the bill redundant.

The decision to pass the two bills happens against the backdrop of other anti-choice legislation in Arkansas. Earlier in the month, the Arkansas state Senate passed the Human Heartbeat Protection Act in a 28 to 6 decision. This act would require women who are seeking to terminate their pregnancies to undergo a vaginal ultrasound. If the probe is able to detect a fetal heartbeat, the woman would not be allowed to undergo an abortion on the grounds that a fetus with a heartbeat is a human being.

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NJ Catholic School Girls Pledge Not to Swear

Female Students of Queen of Peace High School in North Arlington, New Jersey took a pledge last week not to swear for the month of February. In addition to the pledge, female students of the Catholic high school were given pins that pictured lips with a slash through the image to wear. The male students were not asked to participate in the pledge.

“I do solemnly promise not to use profanities of any kind within the walls and properties of Queen of Peace High School,” begins the pledge. “In other words, I swear not to swear. So help me God.”

The teacher who launched the civility campaign, Lori Flynn, told the Record that the motivation for the no cursing pledge was simple: “We want ladies to act like ladies.” While the boys of Queen of Peace were not asked to participate in the month-long pledge, they were asked not to swear when in front of their female peers.

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FDA Will Not Challenge Plan B Vending Machine

The Food and Drug Administration (FDA) will not take action against a Pennsylvania college that has a vending machine in the student health center that dispense the morning-after pill.

Shippensburg University began dispensing Plan-B, the brand name for an emergency contraceptive pill that can be taken up to 72 hours after unprotected sex, in a health center vending machine three years ago. The vending machine didn’t receive much attention until last year, at which point the FDA contacted university officials to gather more information.

In a statement released to news outlets last week, the FDA announced that it will not be taking any action against Shippensburg University for the vending machine. Erica Jefferson, a spokesperson for the FDA, said in a statement, “FDA looked at publicly available information about Shippensburg’s vending program and spoke with university and campus health officials and decided not to take any regulatory actions.”

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Catholic Cardinal Relieved from Public Duties following Cover Up Release

Retired Cardinal Roger M. Mahony was relieved from all of his public duties hours after the release of confidential Catholic Church documents on child sexual abuse scandals from the 1980’s.

Thousands of files containing information regarding the cover up of years of sexual abuse scandals by priests within the church, many of which occurred during Cardinal Mahony’s career, were released by court-order on Thursday. The contents of those documents led Archbishop Jose H. Gomez to the decision to relieve Mahony of his duties.

“I cannot undo the failings of the past that we find in these pages. Reading these files, reflecting on the wounds that were caused has been the saddest experience I’ve had since becoming your Archbishop in 2011,” Gomez wrote, reports the Los Angeles Times.

Mahony, formerly the Catholic Church’s highest ranking official in Southern California, has faced allegations from the media and victims that he covered up priests’ misconduct. The archdiocese paid $660 million in 2007 to settle civil lawsuits with 508 people who claimed they had been abused by priests or church employees.

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President Issues Memorandum Supporting Global Gender Equality

Yesterday, President Obama released a memorandum calling for an increased push from executive departments towards achieving equality for women and girls worldwide.

In his memorandum, President Obama wrote “Promoting gender equality and advancing the status of all women and girls around the world remains one of the greatest unmet challenges of our time, and one that is vital to achieving our overall foreign policy objectives. Ensuring that women and girls, including those most marginalized, are able to participate fully in public life, are free from violence, and have equal access to education, economic opportunity, and health care increases broader economic prosperity, as well as political stability and security.”

The memorandum also calls for the Secretary of State to designate an “Ambassador at Large” that shall “provide guidance and coordination with respect to global policies and programs for women and girls, and shall lead efforts to promote an international focus on gender equality more broadly,” and could also assist with developing new policies that advance women’s rights and girls’ rights domestically and abroad.

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Tennessee “Don’t Say Gay” Bill Is Back

A bill that would prohibit elementary and middle school teachers from discussing any form of sexuality that is not considered natural reproduction with students was reintroduced in the Tennessee state Senate.

SB 234, titled the “Classroom Protection Act” [PDF] but nicknamed the “Don’t Say Gay” bill, reads “The general assembly recognizes that certain subjects are particularly sensitive and are, therefore, best explained and discussed within the home… any such classroom instruction, course materials or other informational resources that are inconsistent with natural human reproduction shall be classified as inappropriate for the intended student audience and, therefore, shall be prohibited.” SB 234 specifically targets kindergarten through eighth grade classes.

The new 2013 “Don’t Say Gay” bill includes a new clause that could require teachers and school staff to inform parents if their child identifies as or is assumed to be LGBTQ. Listed as an exception from prohibited discussion on sexuality is “counseling a student who is engaging in, or who may be at risk of engaging in, behavior injurious to the physical or mental health and well-being of the student or another person.. Parents or legal guardians of students who receive such counseling shall be notified as soon as practicable that such counseling has occurred.” No further guidelines of what behavior constitutes a reason for is given, which would enable teachers to determine these criteria themselves.

The original “Don’t Say Gay” bill advanced out of the Tennessee state Senate’s Education Committee on a 6 to 3 party line vote in 2011, but died on the Senate floor without being brought to a vote in 2012. In Tennessee, it is already illegal to teach sex education that is outside of the State Board of Education’s “family life curriculum,” which excludes any reference to homosexuality.

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Senate Judiciary Committee Hearings to Begin on Gun Control

The first Senate Judiciary Committee hearing concerning gun control since President Obama announced his commitment to reducing gun violence begins today. Obama’s proposal for gun control includes the reinstatement of a ban on “assault” weapons, a limit on ammunition capacities, and more extensive background checks.

Former Congresswoman Gabrielle Giffords and husband Mark Kelly, who recently launched an anti-gun PAC in response to the 2011 attack that left Giffords critically injured, are scheduled to speak at today’s hearing. Also speaking is National Rifle Association CEO Wayne LaPierre, who sees the proposal as a restriction to Second Amendment rights and recently called for armed police officers in every school in the United States and creation of a national database to track those with mental illness after the Sandy Hook Massacre.

Earlier in January, President Barack Obama publicly announced a comprehensive plan for addressing gun violence in the United States. In a press conference, President Obama announced that he would use the full extent of his executive power to curb gun violence in the United States and called on Congress to take legislative action to increase gun control.

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Malala Yousafzai Approaching Final Surgeries

Malala Yousafzai, the girls’ rights activist who was shot in the head by the Taliban in October 2012, is preparing for her final surgeries.

The BBC reports that in the next few days, a surgeon will implant a titanium plate in Yousafzai’s skull and a cochlear implant to restore hearing in her left ear, which was severely damaged. Doctors have also been working to revive a nerve on the left side of her face. “There is a very good chance after this procedure that within a year to 18 months, this will completely recover,” Dr. Rosser, the medical director of the Queen Elizabeth Hospital in Birmingham, UK told CNN.

Medical experts in charge of Malala’s care report that she is determined and cheerful. She is aware of what the shooting and her survival means for the immediate future. “She’s not naive at all about what happened to her and the situation in terms of her high profile. She’s incredibly determined to continue to speak for her cause” Dr. Rosser told the Guardian.

Yousafzai was targeted by the Taliban early in 2012 after she wrote a diary under a pen name and published by the BBC that criticized the Taliban and the challenges faced by girls trying to get an education in Pakistan. In October, she was shot in the head after two men approached her school van on her way home from school. She was immediately rushed to a Pakistani hospital where doctors removed the bullets lodged in her head. She was then transferred to Queen Elizabeth Hospital for specialized treatment.

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New York Conservatives Push Back on Women’s Rights Package

Conservative leaders in the New York state Senate are planning on fighting a women’s rights proposal from New York Governor Andrew Cuomo over provisions related to abortion.

Governor Cuomo has been speaking in support of his “Women’s Equality Act,” though a bill has not yet been submitted to the state Senate. The “Women’s Equality Act” would provide equal pay for equal work, workplace protections against discrimination, and measures against violence against women. The bill would also allow for late-term abortion to protect a woman’s health, not just her life, and would protect abortion access in New York should Roe v. Wade be overturned.

New York Senate Conservatives are already pledging to fight the bill once it is proposed. “I don’t understand what the issue is,” New York Senate chairman Dean Skelos (R-Nassau) said. “In New York state, you have Medicaid spending on abortion, there is no parental consent, there is no parental notification, you can pretty much have an abortion any time you want … I think it’s really a non-issue.”

But Governor Cuomo’s office views things differently. “State law needs to be updated so that it is consistent with federal standards and once and for all makes a woman’s right to choose unassailable in New York state,” Cuomo spokesman Rich Azzopardi told the Wall Street Journal. “This is not an expansion of abortion rights. It’s a codification of existing federal law. Any suggestion to the contrary is not only baseless, but a distortion of the facts.”

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