A House subcommittee last week announced that it would subpoena two Albuquerque, New Mexico, abortion clinics as part of an inquiry into fetal tissue donation, the NM Political Report reports (Peters, NM Political Report, 2/12).
Background
The subcommittee is the fourth House committee to investigate Planned Parenthood following the release of a series of misleading videos targeting the organization. This specially created investigative panel is tasked with investigating an even broader target: providers of abortion care.
The subcommittee is allowed to probe, among other topics, federal funding for health care providers who also provide abortion services and providers' practices for abortions later in pregnancy. The resolution (H Res 461) that created the subcommittee gave it the ability to investigate "medical procedures and business practices used by entities involved in fetal tissue procurement" and "any other relevant matters with respect to fetal tissue procurement."
According to Chair Marsha Blackburn (R-Tenn.), the panel has subpoena powers that it will use in consultation with the House speaker, who also oversees the panel's budget and schedule. The panel will be dissolved 30 days after it submits a report based on the investigation's findings. The subcommittee could recommend changes to laws and regulations based on its findings.
In January, six liberal members of the subcommittee sent a letter to Blackburn expressing concern that a recent document request could endanger the privacy and security of abortion providers (Women's Health Policy Report, 1/22).
Subpoena details
Last Thursday, Blackburn said the panel will subpoena Southwestern Women's Clinic, which provides abortion care in Albuquerque, and the University of New Mexico. In addition, the panel will issue a subpoena to Stem Express, a California-based biomedical research company (NM Political Report, 2/12).
According to the Albuquerque Journal, the congressional panel plans to issue the subpoenas next week in order to obtain documents that were not provided voluntarily. The panel previously sent more than 30 letters asking that documents be provided voluntarily, the Journal reports (Coleman, Albuquerque Journal, 2/11).
Organizations cooperating with investigation
Southwestern Women's Options and the University of New Mexico said they have been complying with the inquiry.
Jessica Hertz, an attorney for Southwestern Women's Clinic, said, "We have formally responded this afternoon to its information request, as we previously arranged." She added, "We will continue to be responsive to the panel's inquiries and will do so in a manner that protects individuals' safety and privacy."
Separately, University of New Mexico spokesperson Billy Sparks last week released documents detailing communication between the school and the subcommittee "to set the record straight." According to the Political Report, the correspondence shows that University of New Mexico responded to the inquiry in late January and was granted an extension through Feb. 15 to provide documents.
"Our staff has been diligently working to gather responsive documents and we intend to honor our agreement," Sparks said, adding, "We are disappointed that the majority would issue a precipitous press release prior to the February 15 deadline stating that we are not cooperating and are unwilling to submit the documents requested."
House liberals denounce subpoena plans
The subcommittee's liberal members in a letter criticized the subpoenas, noting that Blackburn had not consulted them before making the decision.
In the letter -- released by Rep. Jan Schakowsky (D-Ill.), a ranking member of the subcommittee -- the subcommittee's liberal members requested that Blackburn halt the subpoenas, arguing they would threaten medical privacy and safety (NM Political Report, 2/12).
The lawmakers noted that the organizations have been working to comply with the document requests, and that committee rules stipulate the chair consult with the panel's ranking members before issuing subpoenas. They wrote that Blackburn's actions constitute "an abusive and unjustifiable use of the chair's unilateral subpoena authority." They added that Blackburn "elected to use [her] unilateral subpoena authority in a manner that may increase the risk for healthcare providers, clinic personnel, medical students, and researchers," citing recent attacks on abortion providers.
They concluded, "We urge you to abandon your plan to issue these subpoenas and to start working with us in a bipartisan way to ensure that we are not putting the privacy and safety of any Americans at risk" (Schakowsky release, 2/12).
