Senate Committee to hear life-issue bills March 30

The New Hampshire Senate Judiciary committee will hold hearings on Tuesday, March 30 on two life-issue bills, HB 233 and HB 625.

The hearing on HB 233, to protect infants who survive attempted abortion, will be at 1 p.m. A hearing on HB 625, to limit late-term abortions, will follow at 1:30. Hearings are still being held remotely, via Zoom videoconference. Members of the public can register online in advance to testify . The same sign-in process is used to register support or opposition without providing testimony.

I described the bills and their course through the House in “House passes two life-issue bills, overturning committee reports.

Members of the public may view the Senate Judiciary hearing using the following links:

  1. Link to Zoom Webinar: https://www.zoom.us/j/91687899729
  2. To listen via telephone: Dial (for higher quality, dial a number based on your current location):
    1-301-715-8592, or 1-312-626-6799 or 1-929-205-6099, or 1-253-215-8782, or 1-346-248-7799, or 1-669-900-6833
  3. Or iPhone one-tap: US: +13017158592,,91687899729# or +13126266799,, 91687899729#
  4. Webinar ID: 916 8789 9729

House passes two life-issue bills, overturning committee reports

In all the years I’ve been an advocate for life-issue legislation, I’ve seen very few days when the New Hampshire House has produced two victories – but here we are.

Despite the efforts of the Judiciary Committee, the House on February 24 passed HB 625, to restrict abortions after 24 weeks’ gestation, on a 191-160 roll call vote. (I’ll add a link to the roll call once it’s posted on the General Court website.) Later, after a Democratic effort to deny a quorum, the House passed HB 233, to protect infants surviving attempted abortion. That vote was 181-49, on a division vote.

That born-alive vote has some stories behind it.

The session was not open to the general public except via livestream. What follows is drawn from reports by credentialed media, my communication with House members, and relevant social media posts.

continue reading…

U.S. Supreme Court, 5-4: Abortion Providers Don’t Need Hospital Admitting Privileges

The U.S. Supreme Court today struck down a Louisiana law requiring an abortion provider to have admitting privileges at a hospital within 30 miles of the abortion facility. The case was June Medical Services v. Russo. The vote was 5-4, with Justice Stephen Breyer writing for a majority that included Justices Ginsburg, Sotomayor, Kagan, and Chief Justice Roberts.

Justice Breyer concluded his opinion by saying that the Louisiana law placed a “substantial obstacle” between a woman and an abortion, thus making it in violation of the 1992 Casey decision. Anything that happens in the wake of an abortion – hemorrhaging, for example – is apparently none of the Court’s concern.

Breyer also cited the 2016 Whole Women’s Health decision, regarding a Texas law, in striking down Louisiana’s statute.

Separate dissents were filed by Justices Alito, Thomas, Gorsuch, and Kavanaugh.

The Louisiana law did not affect the legality of abortion itself, did not shutter any abortion facilities, and did not address the right to life. It was supposed to be strictly about women’s health. Women’s health lost. The June Medical decision, however Justice Breyer views his handiwork, is about the rights of abortion providers, period.

Chief Justice Roberts was the swing vote

The standard of care (so to speak) for abortion excludes the need for the abortion provider to have hospital admitting privileges in case a patient suffers a complication. Any medical professionals who take issue with that can complain to the Justices.

Don’t bother with Justices Breyer, Ginsburg, Sotomayor, and Kagan. Go straight to Justice Roberts. He agreed with the decision, but not for the same reasons as his fellow majority Justices, each of whom is well-known to be abortion-friendly. He concluded that the Louisiana law had to be overturned because the Court had ruled in 2016 that a similar Texas law be overturned. Stare decisis, don’t ya know. “The question today however is not whether Whole Woman’s Health [the Texas case] was right or wrong, but whether to adhere to it in deciding the present case.”

One wonders if this guy would have voted against Brown v. Board of Education back in the 1950s, since it overturned Plessy v. Ferguson, the “separate but equal” case that kept racial segregation in place for decades. Brown was a unanimous decision. Can you imagine a dissent like the one Roberts released today? The question today is not whether Plessy was right or wrong

I’m trying to imagine the Chief Justice as he tried to figure out how to agree with the majority without looking like he agreed with it. He could have just signed on to Breyer’s opinion without comment, as did the women on the Court. But no. He wanted to make sure everyone knew his hands were tied by stare decisis.

He could have arrived at a different conclusion if he had cared about a glaring procedural question in the case: the standing of the plaintiffs. Did abortion providers as a group have any business bringing the case, without a single named patient’s rights having been violated? The Court today said yes. A different conclusion by Justice Roberts would have changed the outcome.

I wish I could take credit for a Facebook post from an acquaintance of mine, posted a few minutes after the June Medical decision was released: “Are there any statues of Justice Roberts? Asking for a friend.” With nothing to pull down, I’m left with objecting to his concurrence.

Excerpts from four minority views

Justice Clarence Thomas dealt with the issue of standing at the very beginning of his 20-page dissent. “As is often the case with legal challenges to abortion regulations, this suit was brought by abortionists and abortion clinics. Their sole claim before this Court is that Louisiana’s law violates the purported substantive due process right of a woman to abort her unborn child. But they concede that this right does not belong to them, and they seek to vindicate no private rights of their own.” [emphasis added]

Thomas’s dissent didn’t rest on procedure alone, though. Earlier Court decisions on abortion “created the right to abortion out of whole cloth, without a shred of support from the Constitution’s text. Our abortion precedents are grievously wrong and should be overruled. Because we have neither jurisdiction nor constitutional authority to declare Louisiana’s duly enacted law unconstitutional, I respectfully dissent.”

Next up was Justice Samuel Alito, opening his dissent – respectful dissent, of course – by blasting his colleagues’ reasoning. “The majority bills today’s decision as a facsimile of Whole Woman’s Health v. Hellerstedt [striking down portions of a Texas law in 2016]…, and it’s true they have something in common. In both, the abortion right recognized in this Court’s decisions is used like a bulldozer to flatten legal rules that stand in the way.”

The most recently-confirmed Justices weighed in as well. June Medical is hardly a case where either one was called upon to rule on the right to life, but their dissents bear consideration nonetheless.

Justice Gorsuch: “The judicial power is constrained by an array of rules. …Individually, these rules may seem prosaic. But, collectively, they help keep us in our constitutionally assigned lane, sure that we are in the business of saying what the law is, not what we wish it to be. Today’s decision doesn’t just overlook one of these rules. It overlooks one after another….To arrive at today’s result, rules must be brushed aside and shortcuts taken.”

I’ll leave finer minds than mine to ponder how that squares with Gorsuch’s recent opinion that sex includes gender identity under Title VII.

Justice Kavanaugh, you may recall, got a confirmation vote from Sen. Susan Collins (R-ME) only after assuring her that he would respect Roe. Not a promising commitment. But in his brief dissent in June Medical, he agreed with one of Justice Alito’s points, that the factual record behind the case was incomplete. There simply weren’t enough facts in the record for him to be willing to throw out a duly enacted state law.

effect on new hampshire

New Hampshire has no requirement that abortion providers have admitting privileges, or even that they have any medical credentials whatsoever. In the last quarter-century, women’s health has never been enough of a concern to change that. June Medical therefore doesn’t overturn anything New Hampshire has on the books.

What will happen is that attempts to rectify New Hampshire’s situation will face an even steeper uphill battle than before.

Edited to clarify that the overturned law was “supposed to be” strictly about women’s health.

Gosnell Was Convicted Six Years Ago, and N.H. Remains Gosnell-Friendly

May 13, 2013, Philadelphia: Kermit Gosnell was convicted of murder, manslaughter, and a couple of hundred lesser offenses. He’s in prison for life. If he were released, he could set up shop in New Hampshire and commit with impunity some of the same actions for which he’s now imprisoned.

Gosnell snipped the necks of children who survived his attempts to abort them, one of whom he joked was big enough “to walk me to the bus stop.” Karnamaya Mongar, a woman who came to him for what she thought would be a safe and legal abortion, was sedated to death by the staff Gosnell was supposed to oversee, using protocols he had established to compensate for the staff’s lack of formal medical training.

The carnage was uncovered only accidentally, triggered by a 2010 drug raid at Gosnell’s “clinic,” which was a pill mill on top of its other charms. (Convictions on twelve drug offenses netted him another 30 years in prison.)

He got away with abusing women and children for a long time, because the one-time governor of the Commonwealth of Pennsylvania – a Republican named Tom Ridge, later entrusted with the Department of Homeland Security – ordered that abortion regulations not be enforced. They might have interfered with abortion access, and that was something Ridge wouldn’t countenance. Ridge’s policy prevailed for an appalling length of time.

Karnamaya Mongar isn’t around to offer her thoughts on Ridge’s defense of her rights.

New Hampshire differs from Pennsylvania in that we don’t have unenforced abortion regulations as far as we know; instead we have next-to-no regulations.

Read the rest of the post at GraniteGrok.

Cecile’s Legacy

Originally posted at DaTechGuy blog, 5/2/18.

Seen at NH March for Life 2018.

The Twitterverse murmured #ThankYouCecile the other day to mark the end of Cecile Richards’s tenure leading the Planned Parenthood Federation of America. Hats off to the Babylon Bee for skewering that bit of social media hashtagging: “Woman Celebrated for Killing 3.5 Million People.”

That satirical bull’s eye came just a few days after another one from the same source: “Planned Parenthood Defends Bill Cosby: ‘Sexual Assault Is Only 3% Of What He Does’”. I wish I’d written that.

But in all seriousness, Richards is a consequential woman. It would be a mistake to pretend otherwise. Planned Parenthood has had high-profile leaders before and will have them again. What sets Richards apart are the sheer bloody numbers and her solid brass determination. Continue reading “Cecile’s Legacy”