The New Hampshire House Judiciary Committee voted on March 4 to recommend that the full House reject HB 1675, a born-alive infant protection bill. The full House will vote on March 11 or 12.
Embedded in this post is video I took with my phone, from my seat in the front row of the public area. Speaking: Rep. Marjorie Smith (D-Durham), committee chair, reading from a paper that I assume she herself wrote. Rep. Smith ain’t buying this born-alive stuff. Sorry, abortion survivors.
Rep. Smith: “There is no such thing as an abortion up until birth.” Fact check: there is such a thing as an attempted abortion resulting in a live birth. Ask Claire Culwell. Ask Melissa Ohden. Ask Gianna Jessen.
Rep. Smith: “The idea that there is a state law to somehow allow a woman to have an abortion as she gives birth is flat out untrue.” Fact check: There is no statutory limit on abortion in New Hampshire in terms of gestational age, and as Rep. Smith knows, every attempt to change that since 1997 has failed. Viability, 20 weeks, whatever: every single New Hampshire bill to limit abortion at any point in pregnancy has failed. By the way, no law is needed “to somehow allow a woman to have an abortion as she gives birth…” That’s thanks to Roe v. Wade, which gave states the option but not the mandate of asserting an interest in preborn children in the later stages of pregnancy. New Hampshire has thus far declined the option.
Rep. Smith: “In February, the United States Senate [took] a similar bill – the United States Senate, the current United States Senate, under the leadership of the Senate Majority Leader, defeated a similar bill.” Fact check: S.311, the Born-Alive Infant Protection Act sponsored by Sen. Ben Sasse (R-Nebraska), has not yet gotten a direct vote in the Senate. The February vote to which Rep. Smith referred was a vote to end debate so that a direct vote could be taken. A majority of Senators, on a 56-41 vote, voted to end debate – but ending debate requires 60 votes. The bill has not been defeated. Abortion advocates in the Senate refuse to let it come up for a direct up-or-down vote. Those 41 votes came from 1 Independent (Angus King of Maine) and 40 Democrats.
HB 1675-FN is about children who have made it out of the mother’s body alive, one way or another, after attempted abortion. It’s about a duty to care for those children. It’s about imposing sanctions on abortion providers who fail to provide medically appropriate care for such a child, such as would be given to a wanted premie of the same gestational age.
But…”no such thing.”
There will be a floor fight in the House. The House Calendar says the committee vote was 12-7; my own notes from the hearing say 12-8. It was party-line either way.
The New Hampshire Senate has voted 14-10 along party lines to table SB 741-FN, a born-alive infant protection act.
Words vs. Actions
Before the tabling motion was made, Sen. Thomas Sherman (D-Rye) introduced the “inexpedient to legislate” (ITL) motion made by the Health and Human Services Committee, of which he is chair. Sen. Sherman called the title of the bill “inflammatory and inaccurate,” said the bill “drives a false narrative,” and added that as a physician “I find this extremely offensive.”
Extremely offended or not, he joined his colleagues a few minutes later in tabling the bill, rather than pressing for a vote on his ITL motion.
Sen. Regina Birdsell (R-Hampstead) emphasized that the bill came down to one question: “isn’t a baby who is born alive a person, no matter what the circumstances of their birth?”
Rather than answering the question, Sen. Martha Fuller Clark (D-Portsmouth) responded by moving to table the bill. In parliamentary terms, a tabling motion sets the bill aside, is non-debatable, and takes precedence over an ITL motion. In practical terms, the tabling motion short-circuited further consideration of the bill, and prevented a vote on Sen. Sherman’s ITL motion.
Affirm the right of every newborn to care, regardless of circumstances of birth? Nope.
A constituent of Sen. Cindy Rosenwald forwarded to me an email the senator sent in reply to a plea to support SB 741-FN. “I hope you will be comforted to know that every person who is born is alive and receives full legal protections.” (There’s an extra “and” in there, no doubt due to hasty typing. I know how that goes.) The senator had a chance with SB 741-FN to add enforcement provisions to “legal protections.” She chose not to, joining her colleagues in punting – er, voting to table.
A vote to remove the bill from the table is unlikely.
Voting to table SB 741-FN, all Democrat party, with district number and hometown: Sens. David Watters (4-Dover), Martha Hennessey (5-Hanover), Jeanne Dietsch (9-Peterborough), Jay Kahn (10-Keene), Shannon Chandley (11-Amherst), Melanie Levesque (12-Brookline), Cindy Rosenwald (13-Nashua), Dan Feltes (15-Concord), Kevin Cavanaugh (16-Manchester), Donna Soucy (18-Manchester), Lou D’Allesandro (20-Manchester), Martha Fuller Clark (21-Portsmouth), Jon Morgan (23-Brentwood), Thomas Sherman (24-Rye.)
Voting against the tabling motion, all Republicans with district number and hometown: Sens. David Starr (1-Franconia), Bob Giuda (2-Warren), Jeb Bradley (3-Wolfeboro), James Gray (6-Rochester), Harold French (7-Franklin), Ruth Ward (8-Stoddard), Sharon Carson (14-Londonderry), John Reagan (17-Deerfield), Regina Birdsell (19-Hampstead), Chuck Morse (22-Salem).
House Bill: Awaiting Committee Vote
The House’s version of born-alive legislation, HB 1675, will have a committee vote on March 4.
The New Hampshire Senate’s born-alive infant protection bill, SB 741-FN, faces an Inexpedient to Legislate recommendation when the Senate meets on Thursday, February 13. The vote will come only two days after a committee’s ITL vote.
This is a rush job that I would have missed if the bill’s sponsor hadn’t alerted me today. She was surprised, too. The Senate does not normally act on bills within two days of committee action. I don’t care how busy they are; that kind of move doesn’t give the public much of a heads-up.
So don’t bother with letters and postcards. The Senate decided to rush this one. Call your Senator. Senators provide only office numbers on the General Court web site, no personal ones, so I hope their administrative support staff – which amounts to one person for every three Senators or so – is ready to take messages.
Simple message, really: overturn the committee recommendation, and vote Ought to Pass on SB 741, please and thank you. Short, clear, polite.
Related: my earlier post on this year’s House and Senate bills on born-alive infant protection.
The Senate session begins at 10 a.m. on Thursday, February 13th. SB 741-FN is the third item on the agenda. The session is open to the public, with the gallery entrance on the second floor of the State House.
Note that the Senate gallery is much smaller than the House’s gallery. Access is via a narrow stairway.
The Senate Health and Human Services Committee voted 3-2 along party lines on February 11 to recommend Inexpedient to Legislate on SB 741-FN. The bill calls for medically appropriate and reasonable care for any child born alive, including children who survive attempted abortion.
Voting Inexpedient to Legislate, recommending that the bill be killed: Democrats Thomas Sherman (District 24, Rye), Martha Fuller Clark (District 21, Portsmouth), and Shannon Chandley (District 11, Amherst).
The Republicans on the committee, both of them co-sponsors of SB 741-FN, voted against the ITL recommendation: Jeb Bradley of Wolfeboro and James Gray of Rochester.
Tale of the Docket
The illustration above is a screenshot from the docket, or official online record of action, for SB 741-FN. Of interest is the last line within the green box, which documents the astoundingly rushed nature of this scheduled Senate vote.
2/11/2020 is the date of the most recent action, the committee vote with its “inexpedient to legislate” report. (The “S” column simply means “Senate.”) Next to that is the date 2/13/2020 and “SC 6A.” That means the Senate will vote on February 13 as recorded in volume 6A of the Senate Calendar.
The New Hampshire Senate Health and Human Services Committee will have a public hearing on SB 741-FN, a born-alive infant protection bill, on Tuesday, February 4 at 3:20 p.m. in room 100 of the State House. This is the Senate version of HB 1675-FN, which was heard in the House Judiciary Committee on January 29.
Chief sponsor of SB 741-FN is Sen. Regina Birdsell (R-Hampstead). She is joined by eight Senate co-sponsors and four House co-sponsors.
Unlike most House committees, a Senate committee may vote on a bill immediately after the hearing. For contact information for the senators who will hear SB 741-FN, see the “email entire committee” link on the Senate HHS committee’s information page.
The two bills are not in competition with each other. If the House turns down its version, the Senate might still approve its own – and yes, that’s optimistic, but it’s a way to ensure that the public has at least two chances to call for statutory protection for children who survive attempted abortion. Opposition to infanticide shouldn’t be a tough call.
Thereby hangs a cautionary tale.
White coats at the House hearing
(Corrected 2/3/2020 to show correct surname of ACOG representative.)
What can senators expect to hear on February 4? Consider what happened at the House committee hearing on HB 1675. (I’ll drop the “FN” for the remainder of this post; it means “fiscal note” and has no bearing on the bill’s underlying subject matter.)
The Union Leader’s Kevin Landrigan wrote about “four” abortion bills that had hearings on January 29 – although one of those bills, HB 1675, was about children already born and thus was not an abortion bill. Mr. Landrigan’s story included a photo he took at a press conference held by abortion advocates that day.
Tucked in between pink-clad PP supporters and red-clad “handmaidens” were several women in white coats. I learned at the born-alive hearing that they were medical doctors and medical students with coats embroidered with Dartmouth Hitchcock emblems.
The white-coated women drew no distinction among the four bills reported upon by Mr. Landrigan. I was at the born-alive hearing, and I saw they were there to oppose that bill – a bill that would impose upon them a specific duty to care for newborn children who have survived attempted abortion, with penalties for failure to do so.
One of the women in white was identified in the Union Leader story as Dr. Ellen Joyce, chair of the state chapter of the American College of Obstetricians and Gynecologists. According my notes from the hearing, she called the born-alive bill “dangerous” and “ill-advised,” said it “seeks to solve a problem that does not exist,” and added that the legislation’s “false claims” tended to undermine the public’s trust in OB/GYNs.
I bit my tongue and forbore telling her that for me, that particular horse left the barn awhile ago. Trust, indeed.
No abortion survivors were present to challenge the “false claims” narrative. Their advocates showed up, though.
“I’m here today for Gianna Jessen.”
The bill’s chief sponsor, Rep. Katherine Prudhomme-O’Brien (R-Derry), drew the committee’s attention to the text of her bill, calling only for “medically appropriate and reasonable care and treatment” for infants who survive abortion. She cited Melissa Ohden and Gianna Jessen as two survivors. Are there survivors in New Hampshire? “We can’t know that there are not,” she said. New Hampshire doesn’t provide the Centers for Disease Control with any abortion data, including post-abortion complications, and surely a surviving child would be a statistical complication. The sponsor asked that since we don’t know if there are abortion survivors here, why not err on the side of life?
Ohden and Jessen have made it into this blog before. For many years, they have been very open about how they were not-quite aborted. They know that some children are born alive after attempted abortion, because that’s how they were born. Ohden founded the Abortion Survivors’ Network, and now more than 260 people have shared with her their own stories of abortion survival.
Rep. Jeanine Notter (R-Merrimack) picked up that theme: “I’m here today for Gianna Jessen.” She got the same question as did Rep. Prudhomme-O’Brien: does it happen here? She reminded the committee of what the sponsor had said: we can’t know, under New Hampshire’s current no-stats-to-the-CDC policy. She noted the plethora of animal rights bills being considered by the House this session, and suggested that human babies deserve as much consideration.
Plenty of people testified in favor of the bill, even as various committee members played their favorite card repeatedly: what makes you think this happens in New Hampshire? Toward the end of the hearing, after the ACOG representative had testified, I heard a supporter of the bill cut short by a committee member, who shifted from question to statement: we’ve had medical testimony that this doesn’t happen.
From now on, whenever I hear an abortion advocate saying “trust women,” I’m going to remember the women in white from the hearing on HB 1675. I’ll also remember Melissa Ohden and Gianna Jessen. The survivors simply have more credibility with me.
Perhaps only meeting survivors in person will ever win over white-coated women who take time away from work and school to argue against a bill to protect newborns who are born despite efforts to abort them. Maybe only a survivor can win over a skeptical legislator.
Until then, I’m glad to know there are legislators willing to be advocates for survivors who can’t be at the State House to plead their own cause.
Born-alive legislation is irrelevant to Roe v. Wade. It addresses a situation that occurs after a woman exercises choice. It does not affect an abortion provider’s rightful duty to care for the woman undergoing an abortion. It’s about infanticide. And still, here in New Hampshire, the prospect of a born-alive law scares some people senseless.
It’s as though some of the people in the hearing room were afraid that care is a zero-sum thing, and that any care given to an abortion-survivor newborn must necessarily mean less care, even contempt, for the woman whose pregnancy has just been terminated.
Anyone ready for a paradigm shift?
Hearings, then votes
The House Judiciary Committee has not yet voted on HB 1675. The Senate Health and Human Services Committee is free to vote on SB 741 immediately after its hearing on February 4, although a delay is possible. Dates for votes in the full House and Senate will be determined after the committees make their recommendations.
Last week, Representatives Hall in the New Hampshire State House was filled with pro-life testimony against an anti-life constitutional amendment. Just one week later, the same kind of showing is called for, this time for pro-life legislation.
On Wednesday, January 29, the House Judiciary Committee – same committee as last week – will hold public hearings on a bill to protect infants who are born alive after attempted abortion (HB 1675-FN) and a prenatal nondiscrimination act to prohibit abortion on the grounds of sex selection or genetic anomaly (HB 1678-FN). Time: 1 p.m. and 2 p.m. respectively.
It’s time for another pro-life crowd in Representatives Hall. I suspect these bills will draw the abortion advocates who stayed away from last week’s hearing, although perhaps not all of them will object to the born-alive bill. In any case, showing up matters.
HB 1678, the prenatal nondiscrimination act, is a head-on attack on the attitude that it’s better to be dead than disabled or “unwanted.” If you or someone you love is living with a genetic anomaly including Down syndrome, sharing your story might help open a legislator’s mind and heart.
As for the born-alive bill, remember that the neck-snipping done by Kermit Gosnell in Pennsylvania could be done in New Hampshire with impunity. A New Hampshire born-alive act from about twenty years ago contained no penalties for abortion providers who fail to care for born-alive children.
There are two other life-issue bills on the Judiciary calendar for that morning, which I will not be attending or working on in view of the afternoon’s hearings. Those are a heartbeat bill (HB 1475-FN) and a bill to amend the parental notification statute regarding abortions for minors (HB 1640-FN, to remove the judicial bypass portion of the law).
Let’s see if we can get the legislators to support caring for born children via born-alive legislation. Let’s get them to turn thumbs-down to sex selection abortions. Let them publicly reject better-dead-than-disabled.