Kate Sheppard

Reporter

Kate Sheppard is a staff reporter in Mother Jones' Washington bureau. She was previously the political reporter for Grist and a writing fellow at The American Prospect. She can be reached by email at ksheppard (at) motherjones (dot) com.

Full Bio | Get my RSS | Follow @kate_sheppard

Her work has also been featured in the New York Times' Room for Debate blog, the Guardian's Comment Is Free, Foreign Policy, High Country News, The Center for Public Integrity, the Washington Independent, Washington Spectator, Who Runs Gov, In These Times, and Bitch. She was raised on a vegetable farm in southern New Jersey (yes, they do exist), but has adapted well to life in the nation's capital. She misses trees and having a congressional representative with voting power, but thinks DC is pretty great anyway.

Mississippi Could Soon Jail Women for Stillbirths, Miscarriages

The state's manslaughter laws weren't supposed to apply to women who lose pregnancies. Prosecutors don't seem to care.

—By Kate Sheppard

| Thu May. 23, 2013 3:00 AM PDT

On March 14, 2009, 31 weeks into her pregnancy, Nina Buckhalter gave birth to a stillborn baby girl. She named the child Hayley Jade. Two months later, a grand jury in Lamar County, Mississippi, indicted Buckhalter for manslaughter, claiming that the then-29-year-old woman "did willfully, unlawfully, feloniously, kill Hayley Jade Buckhalter, a human being, by culpable negligence."

The district attorney argued that methamphetamine detected in Buckhalter's system caused Hayley Jade's death. The state Supreme Court, which heard oral arguments on the case on April 2, is expected to rule soon on whether the prosecution can move forward.

If prosecutors prevail in this case, the state would be setting a "dangerous precedent" that "unintentional pregnancy loss can be treated as a form of homicide," says Farah Diaz-Tello, a staff attorney with National Advocates for Pregnant Women, a nonprofit legal organization that has joined with Robert McDuff, a Mississippi civil rights lawyer, to defend Buckhalter. If Buckhalter's case goes forward, NAPW fears it could spur a wave of similar prosecutions in Mississippi and other states.

[Read the full article]

Advertise on MotherJones.com

Boy Scouts: Gays Okay. Treehuggers Not So Much.

—By Kate Sheppard

| Wed May. 22, 2013 3:56 PM PDT

The board that governs the Boy Scouts of America plans to vote on Thursday on a proposal to lift the ban on gay members.

But while the organization may soon welcome gay scouts, they are apparently not so welcoming of treehuggers. The Center for Investigative Reporting posted a story this week on the Scouts booting out Kim Kuska, a naturalist and former biology teacher who been affiliated with the Scouts for 50 years, over his "obsession" with protecting the rare Dudley's lousewort:

Since the 1970s, the Eagle Scout and adult Scout leader-turned-whistle-blower has worked to protect the plant from extinction at Camp Pico Blanco, a Boy Scout camp nestled in the mountains along the Little Sur River south of Monterey, Calif. The camp is home to nearly 50 percent of all known specimens of Dudley’s lousewort, a flowering fern-like plant found in only three places in the world.

But over the past four decades, Scout officials and camp staff have threatened its existence repeatedly by harvesting old-growth trees it needs to survive, crushing some of the few remaining plants and introducing potentially competitive species. Under state law, it is illegal to harm a plant that is classified as rare.

The camp also cut down several trees in the old-growth forest in 2011 without a permit, a Scout official acknowledged.

Kuska's whistleblowing reportedly got him drummed out of the Scouts earlier this month. Read the whole story here.

Grassroots Greens Challenge Environmental Defense Fund on Fracking

—By Kate Sheppard

| Wed May. 22, 2013 1:49 PM PDT

A coalition of grassroots environmental groups—plus a few professors and celebrities—issued a public message to the Environmental Defense Fund on Wednesday: You don't speak for us on fracking.

The coalition of 67 groups released an open letter to EDF President Fred Krupp criticizing his organization for signing on as a "strategic partner" in the Center for Sustainable Shale Development (CSSD), a Pittsburgh-based nonprofit that bills itself as an "unprecedented, collaborative effort of environmental organizations, philanthropic foundations, energy companies and other stakeholders committed to safe, environmentally responsible shale resource development." CSSD's partners include Chevron, CONSOL Energy, and Shell. The partners have been working together on voluntary industry standards for hydraulic fracturing, or fracking, a controversial process used to extract natural gas from shale rock.

The groups that signed the letter included national organizations such as Greenpeace and Friends of the Earth, as well as regional environmental outfits such as the Ohio Valley Environmental Coalition and Catskills Citizens for Clean Energy. Actors Mark Ruffalo and Debra Winger also signed the document. They wrote:

The very use of the word sustainable in the name is misleading, because there is nothing sustainable about shale oil or shale gas. These are fossil fuels, and their extraction and consumption will inevitably degrade our environment and contribute to climate change. Hydraulic fracturing, the method used to extract them, will permanently remove huge quantities of water from the hydrological cycle, pollute the air, contaminate drinking water, and release high levels of methane into the atmosphere. It should be eminently clear to everyone that an economy based on fossil fuels is unsustainable.

Gail Pressberg, a senior program director with the Civil Society Institute, criticized EDF for a "willingness to be coopted" by industry in a call with reporters about the letter. "For too long, nationally-oriented groups have tried to call the shots on fracking," she said. "These local people can and should be allowed to speak for themselves."

EDF's Krupp responded with his own letter on Wednesday, defending the group's participation in CSSD and its record of "fighting for tough regulations and strong enforcement" on natural gas extraction:

Let’s be clear about where EDF stands. It’s not our job to support fracking or to be boosters for industry. That is not what we do. In fact, we regularly clash with industry lobbyists who seek to gut legislation protecting the public, and we have intervened in court on behalf of local communities and their right to exercise traditional zoning powers. We have made it clear that there are places where fracking should never be permitted. But if fracking is going to take place anywhere in the U.S.—and clearly it is—then we need to do everything in our power to protect the people living nearby. That includes improving industry performance in every way possible. In our view, CSSD, a coalition that includes environmental organizations, philanthropic foundations, energy companies and other stakeholders, is one way to do that.

Make no mistake: CSSD is not and never will be a substitute for effective regulation. Stronger state and federal rules, along with strong enforcement, are absolutely necessary. However, voluntary efforts can build momentum toward regulatory frameworks.

I've covered the sparring between EDF and grassroots groups over gas before. At the heart of it is that many of the grassroots groups want there to be no fracking, period. EDF's position is that fracking is "never going to be without impact, never going to be risk free," as EDF Vice President Eric Pooley described it to me, "but we're also mindful that it's happening all over the country." Voluntary standards, Pooley said, are not the ultimate goal—but they can help reduce impacts in communities that already have drilling, and lay the groundwork for actual regulations. "How could we not, in good consciousness, want to engage if we see an opportunity to reduce impacts in communities?" he said.

For what it's worth, both enviros and industry folks have berated CSSD for being too accommodating of the other side.

Judges Strike Down Arizona's 20-Week Abortion Ban

—By Kate Sheppard

| Tue May. 21, 2013 3:48 PM PDT

On Tuesday, judges on the US Ninth Circuit Court of Appeals struck down an Arizona law that would have banned abortions at 20 weeks. The judges called the law "unconstitutional under an unbroken stream of Supreme Court authority." ~~This is the first 20-week ban to be struck down in court.~~ (Correction: Idaho's ban was also found unconstitutional in March.)

The judges wrote that Arizona "may not deprive a woman of the choice to terminate her pregnancy at any point prior to viability," echoing the Supreme Court's ruling in Roe v. Wade 40 years ago that abortion should be legal up to the point that a fetus is can survive outside of the womb, which is usually construed as 24 weeks.

Anti-abortion state legislatures have passed a number of laws in recent years shortening the period in which abortion is legal. Arizona's 20-week ban was not the first in the US, but it was the first one that national reproductive rights groups challenged in court. It was, at the time, the strictest in the country, as it dated the 20 weeks from a woman's most recent menstruation rather than from the date of conception. (Taking basic biology and math into account, the bill actually banned abortion 18 weeks after the woman became pregnant). But after the Arizona law was passed in April 2012, other states passed even stricter rules; Arkansas banned abortions at 12 weeks in March 2013, and North Dakota banned them at 6 weeks a few weeks later.

Meanwhile, an anti-abortion lawmaker from Arizona has been trying to export the law. Republican Congressman Trent Franks introduced a bill last week that would impose a 20-week ban in Washington, DC as well.

Reproductive rights groups hope that Tuesday's ruling sends a warning to other states that might consider similar restrictions. "Today's decision is a huge victory in the fight to protect women's fundamental reproductive rights, and it should send a clear message to anti-choice politicians that their attempts to deprive pregnant women of critical health care are clearly unconstitutional and will not hold up in court," said Nancy Northup, president of the Center for Reproductive Rights, which joined with the ACLU to challenge the Arizona law.

The Center for Reproductive Rights also filed suit against another anti-abortion law in North Dakota earlier this month, and is expected to challenge the state's 6-week ban as well. CRR and the ACLU also won a preliminary injunction last week blocking Arkansas' 12-week ban from taking effect.

Virginia Republicans Have a Vagina Problem

—By Kate Sheppard

| Mon May. 20, 2013 2:53 PM PDT

On Saturday, Virginia state Sen. Mark Obenshain clinched his party's nomination for attorney general in the November election. And much like the rest of the GOP ticket, he's got some baggage. ThinkProgress swiftly unearthed a bill he authored in 2009 that would subject women to legal penalties if they fail to report a miscarriage to the police.

Here's the relevant portion of his bill:

When a fetal death occurs without medical attendance upon the mother at or after the delivery or abortion, the mother or someone acting on her behalf shall, within 24 hours, report the fetal death, location of the remains, and identity of the mother to the local or state police or sheriff's department of the city or county where the fetal death occurred. No one shall remove, destroy, or otherwise dispose of any remains without the express authorization of law-enforcement officials or the medical examiner. Any person violating the provisions of this subsection shall be guilty of a Class 1 misdemeanor.

The penalty for a class 1 misdemeanor is up to 12 months in jail and $2,500 in fines. Obenshain's deputy campaign manager, Jared Walczak, told the Huffington Post that the bill (which never passed) was in response to a 2008 case in which a Virginia college student disposed of her reportedly stillborn baby in a dumpster:

"As sometimes happens, the legislation that emerged was far too broad, and would have had ramifications that neither he nor the Commonwealth's attorney's office ever intended," Walczak said. "Sen. Obenshain is strongly against imposing any added burden for women who suffer a miscarriage, and that was never the intent of the legislation."

Thinking through the legal ramifications of a proposed law seems like it should be standard procedure for someone who wants to be attorney general, but maybe I'm too optimistic.

Obenshain's nomination is only the latest outgrowth of Virginia's vagina obsession, though. In 2012, the state passed an invasive ultrasound law and set ultra-strict new building codes for abortion providers. Rev. E.W. Jackson, the party's nominee for lieutenant governor, has compared Planned Parenthood to the KKK. And then, not to be outdone, there's attorney general Ken Cuccinelli, the Republican gubernatorial nominee, who thinks abortion is just like slavery.