Born-alive bill: party-line vote in Senate committee

The New Hampshire Senate Judiciary Committee voted 3-2 on Tuesday to recommend “ought to pass” on a HB 233, a bill to establish a committee to study the right of born-alive children to “appropriate and reasonable medical treatment.” The full Senate is expected to vote on the recommendation in January.

The bill being recommended to the full Senate looks a lot different from the bill as passed by the House early this year.

The vote was along party lines, with Republicans Sharon Carson (R-Londonderry), Harold French (R-Franklin), and William Gannon (R-Sandown) voting in favor. Democrats Rebecca Whitley of Concord and Thomas Sherman of Rye voted no.

Re-referred: how the bill was carried over from earlier this year

You may recall that HB 233 in its original version prompted a walkout by pro-abortion House members last winter. (See my report “House passes two life-issue bills” from February 24.) The walkout followed the failure of motions to kill and to table the born-alive legislation. A majority of the reps who stayed at their posts eventually voted Ought to Pass on the bill.

The original version of HB 233, sponsored by Reps. Jordan Ulery (R-Hudson) and Walt Stapleton (R-Claremont), passed the House without amendment. Then it went to the Senate, which decided to “re-refer” the bill to the Senate Judiciary committee. This is the Senate’s version of what the House calls “retaining” a bill: holding it over for more consideration in committee, delaying a vote by the full chamber until the following year.

And so here we are: HB 233 went back to the Senate committee, which cast its vote this week to recommend that the full Senate vote next month to pass an amended version of the bill.

Amending the bill

What the Senate Judiciary Committee decided to do on December 14 was recommend amending the bill, changing it from born-alive protection to studying born-alive protection. That amendment, #2292s, was co-sponsored by Sens. Carson and Regina Birdsell (R-Hampstead). It failed to attract support from either of the Democrats on the committee.

Likewise, an amendment by Sen. Birdsell (1023s) to clarify HB 233’s language resulted in another 3-2 committee split, although that amendment was rendered moot by the later vote to change the bill to a study committee.

Sen. Birdsell’s amendment was actually prepared back in March for the Senate to consider. At the time, HB 233’s opponents decried the bill as an attempt to force doctors to tear terminally-ill newborns away from their parents in order to administer futile treatment. The Birdsell amendment was an attempt to allay those fears. Today, committee Democrats voted against the Birdsell amendment and then spoke as if it had never been proposed in the first place.

“Inflammatory…insulting to our medical providers”

Before this week’s committee vote, Senators Whitley and Sherman spoke at some length about their opposition to the bill. Their arguments were along these lines: there’s no such thing as a child born alive after attempted abortion; claiming otherwise is an insult to medical personnel; and the bill whether intentionally or not would force doctors to harm grieving families by imposing extraordinary medical interventions on newborns born in a condition likely to result in neonatal death.

The latter argument is likely to be dragged out yet again before the Senate vote in January, despite the Birdsell amendment that made clear the penalties in the original bill would have applied only to health care providers who withhold treatment from a born-alive child with the intention of causing or hastening the child’s death.

That leaves the no-such-thing argument. When Senator Gannon asked Senator Sherman about children surviving attempted abortion, Sherman said “that’s not the way abortion happens….That’s not something that happens in the state.” Senator Whitley added that claims that abortion survivors exist is “a false narrative,” “inflammatory,” and “insulting to our medical providers….In an abortion, a baby is not born alive.”

Noting that the hearing earlier this year on HB 233 included medical professionals objecting to the bill, Whitley expressed concern that supporting born-alive legislation would send a message to providers “that we don’t believe them.”

I can’t help but think that our state’s failure to collect and report on abortion statistics is a factor here. As long as there are no reported abortion complications, including reports on any children born alive after attempted abortion, abortion-friendly legislators can aver that such children are imaginary.

Ignoring abortion survivors

I don’t know if abortion survivors could persuade any skeptical legislators. Probably not, unless the survivor were a New Hampshire resident, and even then I expect the survivor’s claims would be met with resistance.

Melissa Ohden, a survivor herself, is dedicated to sharing her story and to giving other survivors a voice. She and other survivors have testified before Congress and state legislatures. They are advocates for legislation that protects children born alive after attempted abortion. Those advocates can’t be everywhere. I wish they could. Nothing short of a personal encounter with a survivor will pry some legislators away from the “false narrative” claim to which they cling.

Members of the Abortion Survivors Network do what they can. Some have put their stories on video, where anyone – even a legislator – can view them.

I love how Gianna Jessen, an abortion survivor living with cerebral palsy, put it to a Congressional committee: “if abortion is about women’s rights, what were mine?”

Senate to vote on “study”

The amended version of HB 233 to be voted on in the Senate sets up a legislative committee to “study the right of any infant born alive to medically appropriate and reasonable care and treatment.” There are three specified duties for such a committee, according to the amendment: consider any potential conflicts with ethics and end of life care standards; consider any potential conflicts with the Neonatal Resuscitation Program, and examine particular state laws (RSA 329:43 through 329:50) for potential conflicts.

There’s no specified duty to ensure that abortion survivors be protected.

Maybe that’s what half a loaf looks like this year: better than nothing. I believe legislators already know how they’ll vote on born-alive bills, regardless of amendments or language or attempts to find common ground. Their press releases and op-eds are probably already drafted. The only question is whether someone will buck his or her party when the bill comes to the floor.

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

Recent House roll calls: born-alive protection, HB 233

The recent New Hampshire House roll call vote on born-alive protection for abortion survivors was largely along party lines, but not entirely. The HB 233 vote was messy, for various reasons. The walkout on the bill (as previously reported on this blog) could leave voters wondering if “Not Voting” next to a rep’s name means opposition or just indifference.

With all those caveats, we can now see how New Hampshire’s state representatives voted on one of the most important bills of the session so far, an act “relative to the right of any infant born alive to medically appropriate and reasonable care and treatment.”

I have a separate post on the session’s other life-issue bill, HB 625, on late-term abortion.

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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.

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Committee: thumbs-down to life-issue bills; full House vote soon

The New Hampshire House Judiciary Committee frowned on the life-issue bills that come before it last week. The full House will meet on Wednesday, February 24 and Thursday, February 25 to vote on the committee’s “Inexpedient to Legislate” (ITL) recommendations.

On three of the bills, the votes were 11-10 on ITL motions, with Republican committee chairman Edward “Ned” Gordon joining the committee’s ten Democrats in the majority.

Usually, overturning a committee report on the House floor is challenging. Most House members don’t have time to research every bill, and so they lean heavily on the brief committee reports printed in the House calendar.

They also lean on two other things: recommendations from party leadership, and messages from constituents. Most of us can’t control the former. You can definitely influence the latter.

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