The Rest of the Veto Day 2012: Partial-Birth Ban is Law, Fetal Homicide Falls Just Short

The House’s override of the HB 1679 veto (partial-birth) augured well for the day. The Senate followed suit a little later, on an 18-5 straight-party-line vote. The bill is due to go into effect next January 1, although I have a sneaking suspicion that someone will try to enjoin it.

This is an enormous victory. I’ve spent enough time in the trenches to know one when I see one.

Fetal homicide, HB 217, fell short on a vote of 201-126. A majority in the House, to be sure, but not quite the two-thirds needed to send it to the Senate. Reps. Kathleen Souza (R-Manchester) and Warren Groen (R-Rochester) argued for the bill today on the House floor. Governor Lynch got spanked today, with several of his vetoes being overturned, so he may be particularly gratified that he managed to make this one stick.

Dominick Emmons and his mother got no justice today. I told their story in an earlier post.

The death of Dominick Emmons led to the Lamy case in which the state supreme court called on the legislature to clean up the state laws regarding the death of a fetus. Most of the legislators were willing to do that, despite Governor Lynch’s veto. The override vote was complicated when RESOLVE, a national support group for families dealing with infertility, teamed up with NARAL to hand out anti-HB217 flyers to legislators this morning.

Huh?

You read that right. After the bill had its Senate hearing but before the original Senate vote, abortion advocates went to work looking for allies. The usual suspects – PPNNE, NARAL – found a threat to Roe v. Wade where none existed, and they managed to whip up fear that a fetal homicide law would stop in vitro fertilization and other forms of assisted reproduction. That WOULD NOT HAPPEN under HB 217, for the simple reason that the bill includes language exempting from prosecution anyone acting with a woman’s consent – even a lab tech discarding surplus embryos (children)  from IVF.

I wonder if some of the pro-life women struggling with infertility know that RESOLVE has made common cause with abortion advocates to fight fetal homicide laws. Next time, sponsors will need to keep that in mind as they build the coalition that will get this legislation over the top next time it’s introduced.

Raise your glass and toast the reps who refused to fall for the fear factor – especially Kathy Souza, who has been promoting fetal homicide legislation for a couple of decades now, since long before she was a state rep. Manchester ward 4 can be proud of her.

Veto of NH Partial-Birth Abortion Ban Overridden in House, 240-118; Senate action coming up

Spread the word far & wide: the New Hampshire House today overrode Governor John Lynch’s veto of HB 1679, a measure to ban the partial-birth abortion method. This is a milestone. The vote was 240-118; the roll call will be available via gencourt.state.nh.us later today. The Senate will take up the veto later today. (Coverage here.)

Rep. Candace Bouchard (D-Concord), speaking against the bill and in favor of sustaining the veto, called the bill “life-sustaining treatment.” She claimed that the bill’s two-physician evaluation in emergency situations posed a threat to a woman’s life. Rep. Daniel Tamburello (R-Londonderry) asked Rep. Bouchard if partial-birth is the only method available in emergencies; Bouchard replied that “I can only tell you that this bill is flawed” and “late-term abortion is already highly regulated by the federal government.”  Rep. Janet Wall (D-Durham) also spoke against the bill.

Rep. Marilinda Garcia (R-Salem), supporting the override, called the term partial-birth “appropriately descriptive” of the “inhumane procedure.” Addressing the concerns over emergency situations, Garcia pointed out that medical experts have declared that this particular abortion method is “never a medical necessity”, with other abortion methods available. She also noted that since New Hampshire does not require compilation of abortion statistics, there is no way to determine if any women undergo partial-birth procedures or if such women experience post-abortive complications. Garcia was followed by Rep. Peter Silva (R-Nashua) in an appeal to sustain the override.

More about this later today – but let the celebration of LIFE begin.

To Undecided Reps, Rx for Fear: Read the Bills

As I checked my Twitter feed recently, the oft-quoted axiom came to mind about a lie getting halfway around the world before truth gets its pants on. An overwrought writer responded to a tweet I wrote for Cornerstone, in which I urged the New Hampshire legislature to override Governor Lynch’s vetoes of the partial-birth and fetal-homicide bills, by tweeting “Who cares if women die! Protect the fetus, so you can ignore it once it’s born.#christiantaliban”

I am not enough at home in the Twitterverse to wage effective rhetorical war 140 characters at a time. Yet I cannot back off completely. My Twitter scold, whoever she or he is, is not conveying the truth. Neither did the governor in his veto messages. Representatives and senators can choose to make their decisions based on fact instead of fear when they consider overriding the vetoes on the 27th. Read the bills.

A recent veto message by Governor Lynch on a school choice bill contained an erroneous claim. Charlie Arlinghaus of the Josiah Bartlett Center called out the governor for his “factually incorrect veto.” Arlinghaus concluded with the stinging admonition, “Read it before you veto it.”  In a second school-choice veto three days later, the governor based his objections on what was actually in the second bill. I only wish there had been two fetal homicide bills so the governor would have had a chance to correct himself again.

In vetoing the fetal homicide bill, Governor Lynch falsely claimed that “this legislation … would allow the State of New Hampshire to prosecute a pregnant woman”.  The governor missed the plain language of  HB 217: “nothing in [this bill] shall apply to any act committed by the woman pregnant with the fetus”. In fact, HB 217 would not apply to any pregnancy termination caused by any person acting with the consent of the mother.

And then there’s the partial-birth abortion ban. “Who cares if women die?” Everyone cares, except those who unfortunately don’t want to hear about abortion-related maternal deaths. Remember, self-proclaimed reproductive choice advocates  fought this year to block a separate bill requiring the state to collect abortion statistics, so we all could get some authoritative information about how many women and girls suffer post-abortion complications. (That bill, HB 1680, was passed after being amended to authorize study of the idea.)

The governor wrote in his veto message that the HB 1679’s two-physician requirement for emergency situations could cause a delay that might harm a pregnant woman. No. Even if HB1679 passes, any one physician would continue to be able to terminate a woman’s pregnancy, at any point in the pregnancy, by any method he or she finds appropriate except partial-birth, in which the fetus is partially extracted from the woman’s body before being “terminated.”

Back to Twitter: “Protect the fetus, so you can ignore it once it’s born.” How does HB 1679 protect a fetus? The bill’s opponents are afraid there’s some anti-Roe monster in the closet. Not in this one, there isn’t. A woman’s right to choose abortion is unaffected.  Claims to the contrary are false. Read the bill.

As for “#christiantaliban”, no one concerned with truth could have written that. It’s catchy, though, and is probably halfway around the world as I write, along with the false claims that these bills will harm women.

The truth is still putting its pants on, so to speak. It’s right there, though, in the bills. The fears expressed by the governor and the hapless tweeter are groundless. The facts won’t change between now and the 27th.

One More Day to Press For Overrides

Share, link, re-post, if I may be so bold: One more full day remains in which to email and call New Hampshire state representatives and senators before they take up Governor Lynch’s numerous vetoes on Wednesday morning. The fetal homicide and partial-birth-abortion bills have already made history by getting to the governor’s desk. Overriding his vetoes will put these bills into law, where they belong. Failure to override will mean delay, not defeat, since both bills will surely return in future sessions for however long it takes to enact them.

The outcome remains uncertain, in my estimation. Abortion advocacy groups have mobilized their clients and supporters. Their bitter opposition to these bills is ironic and irrational, since neither bill prevents abortion. (Getting around a partial-birth ban is simply a matter of choosing another abortion method.) I won’t unpack those arguments today, having done so at length in earlier posts.

I’ll be in the House gallery Wednesday at 10 a.m. to listen to the debates, and maybe do some last-minute lobbying. The House and Senate sessions will also be streamed online.  I warn you, though, sometimes the demand gets ahead of the bandwidth, making the feeds somewhat unreliable on busy days. I’ll be on Twitter to comment during the debate, and I’ll post vote results here.

School choice & voter ID will be up as well, and those are both important policy initiatives. First things first, though. Let’s get the life issues in order.

 

This Week’s Court Action is Just a Preview

The current parlor game being played out on my social media feeds is Guess The Decision, with all the players wondering what the Supreme Court will do this week with the PPACA. I’m guessing that the individual mandate will be tossed out but that a 5-4 majority will find a way to keep the rest of the plan going. My fond wish that the Court drive a judicial stake through PPACA’s heart is the least likely of possibilities.

The HHS mandate will not be affected this week, unless the whole PPACA is found unconstitutional.  The dozen or so pending lawsuits against that policy are still in the earliest stages. As important as this week’s Court decision will be, it’s only a preview of what has yet to be argued. We’re not yet going to hear a ruling on the PPACA’s First Amendment implications. Until that happens, I consider nothing about federal health-care policy to be settled.

 

“Fortnight for Freedom” Begins Today

“We will fully and ungrudgingly render to Caesar what is Caesar’s. But under no circumstances will we render to Caesar what is God’s.”

This conclusion to the 2009 Manhattan Declaration is a particularly apt call today, which begins a two-week countdown to Independence Day called “Fortnight for Freedom.” The president and HHS Secretary Sebelius are not backing down from the odious HHS mandate, about which I’ve written many times before. In the best tradition of peaceful protest, the Catholic bishops of the United States have invited not only Catholics but all Americans of good will to join in two weeks of prayer, study, and public action calling for repeal of the mandate. Join as best you can, from wherever you are.

By now, everyone should understand that the mandate threatens ALL churches by allowing the federal government to determine which religious organizations are religious enough to meet exemption requirements. If the Catholic church is in administrative crosshairs today, other churches will be there later. Catholics simply don’t want to be penalized for rejecting the “Affordable” Care Act’s premise that pregnancy is a preventable disease.

Conscience and religious freedom rights are being knocked around locally, not just in Washington. The failure of a conscience clause bill in the most recent New Hampshire legislative session is a startling reminder that acting in defense of human life, even by refusing to participate in the provision of abortion or abortive drugs, can cost you your job. I heard legislators, Democrat and Republican, remark in public sessions that those who have moral objections to certain procedures should just choose other jobs. That means you, Mr. Pharmacist and Ms. Medical Assistant.

And so: the Fortnight. Text “Freedom” to 377377 for information on the event from the U.S. Conference of Catholic Bishops. Our Lady of the Holy Rosary parish in Rochester will have a program this evening from 6:30-8 p.m. You can participate online in a national “virtual vigil”; see fortnight.catholicadvocate.com. Over the next couple of weeks, re-read the Declaration of Independence, the Constitution’s preamble and Bill of Rights, the Manhattan Declaration, King’s Letter from Birmingham Jail.

Anything going on in your area during the Fortnight? Post a comment about it & I’ll spread the news.

a Granite State pro-life blog by Ellen Kolb