The Daily - The Abortion Wars, Part 1: The Last Clinic in Missouri

Episode Date: April 17, 2019

When Justice Brett Kavanaugh’s ascendance to the Supreme Court threw the future of abortion rights into question, states scrambled to enact new laws. Two neighboring states in the Midwest are moving in opposite directions: Missouri is taking action to end abortion access, while Illinois is trying to preserve it. In a two-part series, we explore what those changes look like on the ground.Guests: Sabrina Tavernise, a national correspondent for The New York Times, and Lynsea Garrison, a producer for “The Daily.” For more information on today’s episode, visit nytimes.com/thedaily.Background coverage:Anti-abortion activists are pursuing what they see as their best chance in years to restrict abortion access with a Supreme Court they believe to be in their favor.Listen to “Roe v. Wade,” a series from “The Daily” about how abortion became one of the most divisive political issues in the United States.

So why don't I start, if you could introduce yourself and say your name. Okay, well my name's Vivian Zwick and I'm 101 years old. And I came to this issue quite a long time ago. Did you know about abortion? No, I'd heard about it, but I really didn't know much about it. I didn't start really working for it until about the early 60s, just the time that Governor Rockefeller in New York signed the bill to have abortion available to everybody, not in Missouri, but in New York State. So we were just delighted that there was actually a place where

you could get an abortion here in America. You know, before that, if you were a rich woman, you could go to Europe. But if you were a poor woman, you couldn't. So we were sending people to New York. It was pretty underground. Does that seem, when you look back on it now, does that seem like an earlier time that just feels very old-fashioned and distant? I'm afraid not. From the New York Times, I'm Sabrina Tavernisi. This is The Daily. Today. When Brett Kavanaugh was nominated to the Supreme Court last summer,

the future of abortion was thrown into doubt. And now, states are sprinting to make changes. Red states are getting redder. Blue states are getting redder. Blue states are getting bluer. Adjusting their abortion laws before a new conservative court takes a step. And that's happening in real time in the Midwest, where two states, right next to each each other are moving in opposite directions. Missouri racing to stop abortion. New legislation to outlaw all abortion in Missouri.

And Illinois scrambling to preserve it. He's promised to make the state an abortion destination, bowing, quote, Illinois will be the most progressive state in the nation when it comes to standing up for women's reproductive rights. Daily producer Lindsay Garrison and I went there to see how this was all playing out on the ground. Our first stop, Missouri. You know, it's very hard to go out and be like, oh, I don't believe in this, but I don't believe in it. I don't. And that's why I'm out here. I don't think everybody understands how dire a situation that we're in. The pro-life movement is winning. I don't know what it is

exactly, but we're winning even without having Roe overturned. No abortions are taking place. None at all. Praise be to God. Missouri is in the handmaid's tale. I believe Missouri right to life when they say Missouri is going to be the first state to outlaw abortion. It's Wednesday, April 17th. Christian. Thank you. It's Wednesday, April 17th. Highway 70 cuts across the center of Missouri like a belt,

from the west of the state to the east. Semi-trucks roar past strip malls. There are pastures with cows and silos. It's flat, straight, and kind of boring sometimes. So the billboards really pop out. There's the Golden Pancake and kickasstrucks.com. They tower over the highway every mile or so. And mixed in with those are other ones.

Billboards of babies and anxious women. These are about abortion. Telling women it's wrong. More than just a free pregnancy test. And they're here by design. Because I-70 is the way to get to the very last abortion clinic left in Missouri. In St. Louis. Which is where we're headed.

So Lindsay and I get off the highway. Take the next right onto Forest Park Avenue. And we drive until we get to the Planned Parenthood. Oh, here. The first thing we notice is that the building looks like a bunker. No trespassing violators will be prosecuted. All the windows on the ground floor have been bricked up. We park the car and get out.

There are two people in orange vests at the entrance. One of them is greeting everybody that passes through. Hello. Morning. Lindsay will take it from here. Hey, good morning. Good morning. Chapter one, the movement.

Hi, sir. How are you today? Brian Westbrook spends a lot of time on this sidewalk. Hey, good morning, ma'am. How are you? It's his full-time job. Good morning, ma'am. How are you? It's his full-time job. Ma'am, beautiful day. Do you like a beautiful rose? He comes here sometimes by himself, sometimes with his interns. And he sits for hours in this camping chair to wait for people to pass through the gate.

What's that? The heat? Yeah, I know. I know. He's young. He's in his 30s. He's clean-cut, kind of preppy-looking. He kind of looks like an upbeat parking attendant. But Brian doesn't work for Planned Parenthood. If you don't go where abortions happen, Planned Parenthood might as well hang up a sign saying, open with the blessing of the Christian community. If we're not there, there's no one opposing them. And we need to oppose them because we don't agree. Brian is the executive director for the Coalition for Life in St. Louis. And over the past eight years, he says he's persuaded hundreds of women to keep their pregnancies.

He calls them turnarounds. The man, the myth, the legend, as we all know him, the great Brian Westbrook. And Brian Westbrook, he's kind of a rock star in Missouri's pro-life movement. How is everybody? And Brian Westbrook, he's kind of a rock star in Missouri's pro-life movement. In a state that's developed some of the most innovative ways to chip away at abortion access. Missouri lawmakers passed a law back in May that cuts off all funding for services associated with an abortion facility. New legislation to outlaw all abortion in Missouri. It would make it nearly impossible for a woman in Missouri to get an abortion. And just hours ago, it cleared a major hurdle toward becoming a reality.

But Missouri is most famous for one particular invention, a requirement that doctors have admitting rights at a hospital within 30 miles of their clinic. The latest version of this law, passed in 2005, shut down most of the rural clinics in the state who couldn't meet that requirement. It was such a game changer that pro-life legislators around the country used it as a blueprint. North Dakota, Utah, Louisiana. Clinics are fighting the law before it forces many places to close down. And in Texas, where the law was challenged and it went all the way up to the Supreme

Court in one of the biggest cases on abortion in recent history. Supporters have said had the court gone the other way, that essentially would have made it almost impossible, certainly in the state of Texas, for most women to have an abortion because it would have forced those clinics to close. This decision was written by Justice Stephen Breyer. Since Roe v. Wade was decided, there have been at least 20 abortion cases that have made their way to the Supreme Court. Six of them came out of Missouri.

This petri dish of abortion regulation. And that's why there's only one clinic left in Missouri. And that clinic is hanging on by a thread. They do about 6,000 abortions right here, right down the street, here in our local community. It nearly closed last year when it lost its state funding. Right now, it's kept open by donors. My staff is mostly here. Some of them are actually on the sidewalk right now, impacting girls as they drive into that abortion facility.

So to pro-lifers like Brian, that feels like winning. And so you want to meet that person where you're at and say, yes, I know it's illegal and it is absolutely your choice. But I know there's a better choice for you. So I ask you to keep going, be fervent in your resolve, and one day we will see an end to abortion here in St. Louis. God bless you guys. And being on the winning team, it shows.

How are you, my friend? Doing great, doing great. In the near decade of being on the sidewalk, Brian has perfected his approach. He saw the way most anti-abortion protesters were on the sidewalk, the ones who shouted and intimidated women, waving graphic images of aborted fetuses. And he wanted to find a new way.

If I was an abortion-bound woman, which I'm not, why would I stop? And this is where he landed. Hey, good morning. Good to see you today. Hi, sir. How are you today? Hey, good morning, ma'am. I didn't give her a rose. Hey, how about a rose for you? I'm going to run some more.

White or red? White or red? You got it. You got it. Have a great one, ma'am. You too. I'm going to run some more. White or red? White or red? White. You've got it. Thanks. You've got it. Have a great one, man. You too. But for Brian, this isn't just about the image of friendliness. This is a numbers game to get as many turnarounds as possible.

Turnaround is defined as a woman who is going there for a pregnancy test, ultrasound, or an abortion. We're talking to her, whether it's in the driveway or at the fence, and we ask her to leave. And she decides to leave immediately and go receive services from somewhere else. We say, hey, what's up? I'm with another organization offering free local resources. This is a coupon for a free ultrasound,

free pregnancy test, and free STD test. It helps to talk fast. Don't you think? Brian constantly refines his techniques. He takes meticulous notes on what seems to work. What doesn't work? What would run more efficiently? Which car slow down?

How many people we can get to stop? Why they slow down? How many people leave? Who takes brochures? How many people are... What he was wearing when they took those brochures? That person did not stop and talk to me. Why didn't they stop and talk to me? We just keep track of stats.

So if people stop and talk to us, things like that. Is it like an Excel spreadsheet on your iPad? Yes. Wow. Yep. It's an app that already exists, and then we just modified it to fit our needs. And he calls all of this the data.

No, there's actually not very many pro-life sidewalk counseling apps that exist. Who knew, right? And based on the data, here's what he's figured out. The first rule of what he calls sidewalk counseling is you do not talk about sidewalk counseling. You shouldn't wear a pro-life t-shirt. Don't wear a bunch of pro-life material while you're out there.

Our signage, for instance, doesn't mention abortion. Don't talk about baby or the pregnancy or anything else. Number two. Physics. Demonstrate authority when approaching a car. A lot of pro-lifers will walk with the car, kind of chase the car as they go in. Instead, we'll take one minor step towards the car, kind of chase the car as they go in. Instead, we'll take one minor step towards the car

in kind of an authoritative posture. And so they're, subconsciously, they will slow down and they'll stop and figure out what we wanna talk about. Number three, be approachable. So there are no graphic images. There's no yelling, There's no screaming. Waving with your left hand versus your right hand. As they're driving, they're making a right turn, right hand turn.

My left hand, I make myself just a little bit bigger. And I'm more approachable. No hats. No dark makeup. Basic sales and marketing is that you shouldn't shade your eyes. Again, it's more about removing versus adding. Simplifying, it's really about simplifying. That's what the data tells me.

Hey there, were you able to receive any of our information on free resources? Okay, this is a coupon. I'm with a local organization. I really like your nails. Those are cute. Okay, so that's a coupon for free. Now, if more people stopped with graphic images, then I would use graphic images. But less people stop when you use graphic images. You have to define your strategies, your techniques, everything in terms of your audience. And your audience is the driver.

And he says it's working. He points to the fact that abortions are down in the state, and his turnaround numbers are up. They only seem to be getting higher. Our first year, we had 15 turnarounds. Since then, we've had 2,200 turnarounds. So to Brian, that's 2,200 babies saved. And a lot of people don't consider this a social justice issue, but it is one.

And he's passing those lessons on to the next generation. Yeah, so just let us know if we can help you, all right? So, two things we, so instead of let us know, because that's always like the typical thing, more of a come out and talk with us. Yes. Come out and talk to us because it's more definitive. Right. And then as they're driving away, give us a call instead of let us know.

Gotcha. Give us a call. As we're standing there, one of the clinic's doctors pulls through the gate. And Brian spots them. That's David Eisenberg. So he's the abortionist today. So they're most likely doing abortions. As the doctor parks his car and calmly walks through the parking lot, Brian turns up the charm offensive. Dr. Eisenberg, good to see you today.

It's a beautiful day. And Dr. Eisenberg doesn't even look up. Have a good one, sir. How are you, my friend? It's this really weird game. If Brian and his movement are on the offense in Missouri, working to become the first state in the nation to outlaw abortion, the doctors, the staff, the escorts, they're playing this hard defense,

fighting as hard as they can. But out here, it feels like only a matter of time. Hey, good morning! Would you like a coupon? Good morning, ma'am. How are you today? After the break, The Doctors. Dr. Eisenberg, good to see you today. It's a beautiful day.

Chapter 2, The Doctors. David, David, how many babies today? How many women today? You don't have to do this. We can find you another job. I don't want another job. This is a job I signed up for. This is a job I trained for. I'm a board-certified OBGYN with a medical degree and a master's degree who's been on this career path to provide abortion care and be a medical director of a Planned Parenthood for a decade. This is Dr. David Eisenberg. He's the head doctor at the Planned Parenthood clinic in St. Louis. Like, would you tell an astronaut who'd been in training for a decade, you know, you really should be a dermatologist.

What? No way. Every day when he goes to work, he passes the protesters. And they're not always peaceful, like Brian. So Dr. Eisenberg invited us to his house one night to talk. Away from the clinic. Away from his patients. Away from all the protesters. Did you want to tell Sabrina and Lindsay anything about yourself? We met his wife Erin, who's also an OBGYN, his two toddlers,

and his dog Cooper. After they put their kids to bed, Sabrina and I sat down with them in their backyard. The most regulated thing is a woman's uterus. And it's clear it's a political lightning rod, right? Right, and the people being struck by the lightning are the women who need the care.

And it's really sad. Is there a sense that things have gotten worse in Missouri? When you say, is there a sense, I can only speak to my own personal opinion. It is harder to provide abortion care in Missouri than it was in 2009 when I got here. Missouri legislators have dramatically changed the medical world he operates in, and for no apparent medical reasons, at least none that he can see. Said that if you do five or more abortions in your health care facility, you must be a hospital or a licensed ambulatory surgical

center. Why five? Up until 2017, the state restricted the number of abortions a clinic could provide a month. The limit was four. Four abortions a month. Not five. Four. And then here's another one. If you're a patient in Missouri and you want an abortion, you have to first get consent from a doctor, wait 72 hours, and then have that same doctor administer your abortion. So this past winter, I got sick, had a GI bug, you know. I could not leave my house. There were 35 women on the schedule at Planned Parenthood for me to consent that day. Not only could I not consent them, the fact that I couldn't consent them that day meant that they couldn't get their abortion later that week or the following week when I was scheduled to provide

care. In February, we had an ice storm where the week after the ice storm, I saw a 17-year-old girl with her mother who was now too far along to have a pill abortion, which is what she wanted, because during the ice storm the week before, her mom, driving her to the clinic from 100 miles or more away, got in an accident and slid off the road. on an accident and slid off the road. Well, the consequence of that was she had to come back the following week or two weeks later, but a long enough interval that she could not get the pill abortion that she wanted. This is a girl who'd never been to the OBGYN before, had no reason to have a pelvic exam, who was now going to have to have a surgical abortion. And the first time she was going to ever have a pelvic exam was with me at the time of her surgical abortion. You know, I've taken care of young girls who are, the youngest girls I've ever taken care of is nine years old. When that girl found herself in the situation she was in and she needed care, there was

only one institution in this region where she could go and we were able to take care of her. And her specific social circumstances were so challenging that if I had to get her to a hospital in Chicago, which by the way is the next closest hospital-based abortion service that I'm aware of, I might as well have told her to go to Mars. So that's what's changed, right? I mean, there's all kinds of things that have changed since I got here in 2009 that have made it harder for women to access the care that they need.

How do you keep track of them? I mean, do you put it on a spreadsheet or something, like Post-it notes? I mean, the fact is, I live and breathe it every day, you know? I mean, every week, every month, every year that these things come up, I mean, I've lost track of it, that's true. But, you know, this is the reality that I live every day. It's become so complicated for Missourians that women are leaving the state. Many go across the Mississippi River to Illinois,

a state that's recently declared itself the most progressive in the country on abortion. I really enjoy that about my job. Dr. Eisenberg's wife is a doctor at a place called Hope Clinic, right over the Illinois state line. People ask me all the time why I don't do abortions in Missouri.

First of all, it's because it's really hard to do abortions in Missouri. You have to follow a lot of rules. Her name is Dr. Erin King. Are there patients who are now going to Hope Clinic who would have gotten care in Missouri? Absolutely, yeah. We have seen more patients say that they could not, that they would have been seen in Missouri, but were unable to access care. Fortunately, we are available and fortunately, we are fairly close by.

I don't think that it's a good answer for patients to have to come see us. It still means a longer time, a longer trip, more time off of work, whatever, more gas money. It's just harder to access us. There's no public transportation that comes to us. So I'm sure there are more patients that can't get to us than can. What does it feel like being two doctors

doing this in a place where it's hard to do it? to doctors doing this in a place where it's hard to do it. I think I asked you this question on the way home the other day, didn't I? Yeah. Yeah. I was driving home and I was super frustrated about lots of things related to this, related to our state, related to people's attitudes about abortion, our country, just a lot of things. And I think I said, is any doctor happy in their job? And then I said, no, wait, hold on. Let me rephrase that. Is any doctor feeling good about what's going on essentially in gynecology and

like women's healthcare right now? Is anyone happy about this? Can anyone physically say that they enjoy what they're doing right now? Because I was just so angry. Like it felt so frustrated that literally like everywhere we turn, it just, it can't, it's almost like you get tired. It's like one more thing, one more bad restriction coming down the pipeline or one more way that our patients can't get to us or whatever. So it's just like so frustrating. And there's lots of things that anyone's jobs are frustrating, but I feel like you add that or you add the person standing outside yelling at you that you are a horrible person or a horrible doctor or mean to your patients or hurting them in some way. It's just

like you literally like, sometimes I just, I'm never going to do this, I promise. But sometimes I just want to like like okay fine later see ya I'm done so in between juggling their two kids they're also juggling an entire region of patients seeking abortions you might even say what's left of abortion access in Missouri and in this region exist in large part because of them. And they pay a price for that. Like the time that protesters showed up at their house. And every once in a while outside of the clinic where I walk in, protesters will say something pretty close to, if you were to die right now, you are going to hell. And I'm like, is that a threat? Like, am I going to die right now? Is that what you're saying?

So every once in a while, and I think in particular after having children, we worry a little bit more about their safety. Like, would someone want to do something to them to hurt us because they feel like we're hurting patients or unborn children or whatever that they want to believe. But I mean, I will say that when we did have protesters at our house and we met with the FBI and the U.S. Marshal Service and things, they classify these anti-abortion protesters the way that I classify them as domestic terrorists. But they don't see themselves that way. And it's... That dissonance is hard for me to wrap my head around.

Just as hard as when the protester ends up needing an abortion and we still take care of her. That happened? Yes. It comes with an enormous price in terms of emotional and political and all kinds of prices we pay. But it's worth it. It is more rewarding than anything else I can imagine doing in medicine. You can't fight every fight.

So I guess, you know, we fight the fight in the way that we are best able to. I'm going to go take care of women. Because that's what I can do. Okay. Ma'am, was in your womb once herself, right? How about it, ma'am? Think about it, kid. Tomorrow, we cross the Mississippi River into Illinois to visit Dr. King's clinic.

Think about having a catch with him someday, shooting some hoops, man. How about it, Dad? What do you guys need? Ma'am, if you think carefully about what this abortionist is gonna do to that child, hon, that's not gonna solve your problems. How about it, guys? Think about that. You're here to kill somebody. Guys, I can tell you don't want to do this,

but you can't just go ahead and do it anyway, right? Come on, guys. You know that. Thank you so much. Here's what else you need to know today. Egyptian lawmakers have approved sweeping changes to the country's constitution. They would give its president, Abdel Fattah el-Sisi, unprecedented power and allow him to remain in office until the year 2030.

The changes cement Sisi's authoritarian control over Egypt. His regime has already jailed opponents, censored the media, and shut down websites critical of his government. The Egyptian people must now vote on the constitutional amendments. But a fair election is in doubt, given Sisi's repeated attempts to suppress the opposition. And I want to show you again the first picture that we have

from inside the cathedral. There it is. And obviously, that cathedral is not something anyone is going to be able to go into for a long time. But that's... Authorities in Paris believe that the cause of a massive fire at the Cathedral of Notre Dame was accidental

and made worse by the absence of modern fire protections. And you can still see that heat and fire there at the top of the arches. Of course, it's impossible... The cathedral's wooden roof, where the fire started, did not have automatic sprinklers or fire-breaking walls, which could have stopped the flames from spreading. Despite widespread damage from the fire,

the 800-year-old cathedral has been declared structurally sound. That's it for The Daily. I'm Sabrina Tavernisi. See you tomorrow.