Lynch Vetoes Partial-Birth Abortion Ban; Override to Be Attempted 6/27

Late Friday afternoon, New Hampshire Governor John Lynch announced his veto of a bill to ban partial-birth abortion. The House and Senate will consider overrides to this and other vetoes on June 27.

After becoming the longest-serving New Hampshire governor in nearly two centuries, and after building a reputation as a moderate politician, he has chosen to end his tenure by defending the indefensible. John Lynch is pleasant, intelligent, cheerful, savvy, and friendly. But moderate? No politician who keeps the way clear for this kind of carnage is “moderate.”

The New Hampshire bill, HB 1679, was originally introduced by Rep. Ross Terrio (R-Manchester) as a ban on the partial-birth procedure and a ban on all late-term abortions. Soon after introduction, Terrio agreed to amend the bill so that it addressed only partial-birth. This put the bill in line with similar legislation in force in other states. The bill was drafted to complement federal law and to withstand court challenges. In a spirit of compromise and cooperation, supporters of the bill agreed to amendments that helped to build strong majorities for passage in House and Senate.

None of this figured into Governor Lynch’s veto. While beginning his statement with the assurance “I am not a proponent of so-called partial birth abortion”, he went on to reject the bill because he found it unnecessary and dangerous, in that order.

The federal ban means none is needed at the state level, according to the governor. He overlooked or ignored the fact that the federal law is only triggered if the partial-birth procedure is committed by a federal employee, or by someone on federal property, or by someone engaged in interstate commerce. He also made no mention of the fact that federal officials may choose not to enforce the federal law, leaving states without their own partial-birth bans helpless to stop the procedure.

Governor Lynch expressed fear that HB 1679 would jeopardize the life of a woman in emergency circumstances. He was critical of the bill’s requirement that two physicians agree that life-threatening conditions exist before a partial-birth procedure can be done. Getting that second opinion could cost a woman her life, he fears.

But how? The partial-birth ban would apply only to a particular procedure, not to all abortion methods. Any physician declaring an emergency could terminate a pregnancy without a second opinion, presumably with the pregnant woman’s consent, using any method other than the one that pulls the live child/fetus partway out of the woman’s body before “termination.” The governor’s objection sounds as though he means that women are at risk if that procedure is ruled out. (If the governor had true concern for women’s health and safety, he would direct the state department of public health to collect statistics on abortion in New Hampshire, so that he would have hard data to buttress any assertion that abortion is safe for women.)

Roe v. Wade established a woman’s right to choose abortion. According to the U.S. Supreme Court in the Gonzales case, Roe did not establish a provider’s right to kill a child after assisting a woman in a vaginal delivery of a portion of the child’s body. Or should I say fetus’s? Tough call, when the child/fetus is half-in and half-out of the mother. In any case, the Supreme Court upheld a federal ban on the partial-birth procedure. The Court decided that while the ban prevented the performance of one particularly gruesome and inhumane procedure, it did not amount to a denial of a woman’s choice since alternative abortion methods are available. Note that the federal law and New Hampshire bill apply to abortion providers, not to women seeking termination of pregnancy.

Having issued the veto, John Lynch is beyond persuasion. Representatives and state senators are not.

The governor’s full statement on HB 1679 is at http://1.usa.gov/MdosTR

Friday Assortment: Run for Office, Wait for Vetoes, Watch the Court

If you want to run for state office as a member of a political party later this year, you have until 5 p.m. tomorrow (Friday, June 15) to file. The primary election will be held on September 11, and the general election follows on November 6. What’s your pleasure? State rep, maybe? Two bucks and a trip to your town clerk to fill out the paperwork will make you a candidate. Prospective delegates to the GOP state convention register with town clerks as well, with no filing fee. Other offices – state senate, executive council, county offices, governor, Congress – must file at the Secretary of State’s office in Concord.

A special note to my Republican readers: running to be a delegate to the state convention costs you nothing, and winning a seat requires nothing more than a couple of meetings. If the party platform matters to you, this is a job for you.

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Governor Lynch has begun plowing through the pile of bills on his desk, and he has found his veto pen. An education tax credit bill is the latest victim. The fetal homicide bill still awaits action. The House and Senate are scheduled to meet on June 27 to deal with vetoed bills.

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The current U.S. Supreme Court session will end in a couple of weeks, with a ruling expected on some aspects of the president’s health care plan. The unlikeliest outcome is that the plan will be struck down altogether. If that happy event comes to pass, the HHS mandate will be dead. The Court could find the plan constitutional in all aspects (perish the thought), or constitutional in part. In either of those situations, the lawsuits against the mandate will continue, challenging its inherent religious liberty violation.

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A “Fortnight for Religious Freedom” begins next Thursday, June 21, and ends on Independence Day, July 4. Organized by Catholics who have been moved to action by the mandate, the two-week observance is for anyone who’s ready to pray, study, and act to defend our First Amendment heritage.

Decisions: Lynch & Bass

The fetal homicide and partial-birth abortion bills would not die, despite grueling journeys through the New Hampshire House & Senate. Look up the dockets for these bills on the state web site sometime. A number of tales are hidden behind those dry factual entries.

And so, at long last, Governor Lynch will get these bills. I am telling every pro-life person I know to get those calls and emails going. The number is 271-2121, where I’m sure a very polite individual is waiting to take our calls. Lynch’s pleasant and understated persona is not enough to make me forget that he vetoed parental notification (and overriding that veto was one of the proudest moments for the legislative class of ’10). He has not made direct veto threats on either fetal homicide or partial birth, but on the latter, it’s a real stretch for me to believe he’ll support it.

As for fetal homicide, if Lynch can’t be persuaded by the state Supreme court’s Lamy case, he just can’t be persuaded.

The success of these bills so far is great news, and it shows what can be done with legislators who can think straight. As for the governor, we live in hope. What will he do?

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In Congress today, a bill called PRENDA came up for a vote, and fell short of the two-thirds that it needed. PRENDA stands for Pregnancy Nondiscrimination Act, and it was written to ban sex-selection abortions. PP hates the bill, and the president has weighed in against it as well. When the dust settled this afternoon, only seven Republicans had voted against the bill. One was Charlie Bass, New Hampshire’s own Congressman from the Second District.

Bass is avowedly pro-choice, and has been for as long as I can remember. I used to testify in front of his committee when he was a state senator. But refusing to frown on sex selection? Really? Worldwide, most of the preborn children killed for being the “wrong” sex are girls. There’s a war on women for you.

This won’t help him in November, of course, since Ann Kuster will get the pro-Roe vote. Kuster’s mother, the late Susan McLane, served with Bass in the state senate years ago. McLane and Bass were both “pro-choice” Republicans. It is some kind of rough justice that pits McLane’s daughter against Bass now.

Your move, Governor Lynch

Two pro-life bills were passed by the New Hampshire Senate today, and the sky didn’t fall. 

The NH Senate passed HB 1679 today on a straight party-line vote, agreeing with the House that it is not a good idea for New Hampshire to put out the welcome mat for practitioners who want to do late-term abortions by the “partial-birth” method, also known as D&X. Partial-birth abortion is as close to infanticide as can be managed. Banning the method saves no babies, and Roe is unscathed. Nevertheless, this is a momentous day. The New Hampshire legislature, for the first time since NH’s 19th-century abortion laws were repealed a few years ago, has said “no” to one abortion method.

A bill to collect abortion statistics (HB 1680) was amended and attenuated to the point where it now sets up a committee to study how to collect the stats. The House passed it, and the Senate today adopted it on a voice vote.

Three other bills fared less well in the Senate today, but got further this year than could have been hoped in earlier sessions. Women’s Right to Know (HB 1659, with a 24-hour waiting period before abortion) was killed by the Senate, but just hours later the House attached it as a nongermane amendment to another bill. That was fun. Not sure how the Senators will feel having it tossed back at them, but we’ll see. HB 1660, to stop abortions after 20 weeks of pregnancy, went to interim study. HB 228, the funding bill, was tabled.

Of course, WMUR tweeted “Senate blocks House-passed abortion bills.” No tweets about the passage of the partial-birth ban. New Hampshire’s news leader, I’m told …

Governor Lynch should weigh in on the two successful bills shortly. Place your bets.