On Pain, Viability, and Votes

On the agenda this week: two bills addressing mid- and late-term abortions. One bill is federal, and it fell short on a procedural vote in the U.S. Senate. The other bill is getting its hearing this week (January 31, 10:00 a.m.) before a New Hampshire House committee, a year after a similar bill was tabled in the House.

The opposition by abortion advocates is predictable, as is the split among pro-lifers.

Federal: the “Pain-Capable” Bill

The U.S. Senate failed this week to advance a so-called “Pain-Capable” bill, which would have limited abortions after the fifth month of pregnancy, the point at which preborn children can feel pain. As if the very title of the bill weren’t enough to calm fears that it might actually confer personhood on anyone (it was written to be merely a limitation on abortion), the bill contained exceptions for children conceived through rape and incest.

The point of those exceptions is anyone’s guess. They provided no tactical advantage of which I’m aware, and they infuriated rape survivors and their children.

We were treated to the disedifying spectacle of the Democratic Senate leader high-fiving a colleague after the vote. They weren’t celebrating the defeat of an exceptions bill. Way to go, guys. Team Gosnell prevails again.

Here are two different views of the Pain-Capable Bill, offered by women whose experiences give them a perspective that I’m sure most Senators lack. These are taken from public posts on social media.

Darlene Pawlik at TheDarlingPrincess.com, “The Law is a Teacher” (excerpt):

This bill teaches that children over 20 weeks gestation deserve protection from the horrific pain of having arms and legs torn off or their heads and chests crushed at the hands of abortionists. It further teaches that, a similar child who’s unfortunate enough to be the second victim of rape does not deserve to be protected form that same excruciating death.

…It is very important to note that perhaps, the one person, the mom, who could redeem the situation would be left with the guilt of committing an atrocity against another innocent victim. This could set her up for post traumatic stress responses for the rest of her life.

…I was not only conceived by a violent rape, but my first child was born as a result of sex trafficking. I am the target of this kind of legislation….

Of course, I’ll ask you to remove the exceptions. These exceptions undermine to premise of the bill. They are discriminatory and unjust. No child should receive the death sentence for the crime of their father.

Catherine Adair on Facebook:

I find it really hard to talk about the defeat of the 20-week abortion bill by Senate Democrats. Every time I think about it, I am right back in the abortion clinic, staring at a jar filled with the severed arms and legs of a baby who just moments before had been ripped apart in [its] mother’s womb. I am right back to that place where I told mothers that the doctor was going to “gently extract the contents of the uterus.” Women in their 23rd week of pregnancy were lied to and told it was a simple “procedure.”

Nobody told them that they and their baby would be in agony as the doctor used forceps and sharp instruments to dismember their child, pulling and tugging until the baby was ripped apart and he could pull the body out, piece by piece.

…To see Senate Democrats high-fiving each other on the Senate floor truly left me sickened….What kind of a society allows such barbaric killing? What kind of a society allows late-term abortion to be used as a way to generate profits for a body parts selling industry? Have people lost all sense of their humanity?

Even writing this I can smell the sick, horrifying smell of the abortion procedure room. It is something that will never leave me. I want to run and hide and pretend like this barbarism isn’t happening. I truly can’t bear the horror. But I have to say something, if only in memory of the thousands of babies whose blood I have on my hands.

Dear God, I implore you to awaken those who are blind, those who helped to defeat this bill, and those who voted against it. Please open their eyes. Please give them back their humanity. Please have mercy on us.

In New Hampshire: the Viable Fetus Protection Act

Rep. Keith Murphy (R-Bedford) is leading a team of sponsors on HB 1680, to restrict abortions after viability. Restrict, not ban: it has exceptions (though none for rape and incest). Far from undermining Roe, it is consistent with Roe’s holding that the state may assert an interest in prenatal life in the latter stages of pregnancy. New Hampshire is a place of abortion extremism, where unregulated providers can do the deed anytime until the preborn child comes to term. HB 1680 is an attempt to change that, in a modest way.

The bill does not pretend to push against any constitutional limits. It doesn’t pretend to be about personhood. It is a straightforward bid “to assert a compelling state interest in protecting the lives of viable unborn fetuses.” It even leaves the determination of viability to the “treating physician,” meaning the abortion provider.

I support the bill as a step toward loosening the grip of abortion absolutists on my state’s public policy, just as I supported Murphy’s HB 578 last year.

New Hampshire Right to Life takes a different view.

This bill prohibits post-viability abortions (which NHRTL supports) but it also includes exceptions for the [unrestrained] health of the mother; for Twin To Twin Transfer (TTS) syndrome; and for Fetal anomalies incompatible with life. NHRTL cannot support enacting law that explicitly excludes any class of humans from legal protection. [brackets and parentheses in original]

I’m going to go out on a limb here and speculate that if – if – HB 1680 is defeated or derailed, abortion advocates will be high-fiving in Reps Hall just as they did in the U.S. Capitol the other day. And once again, they won’t be high-fiving over the defeat of “exceptions.”

 

N.H. House rejects post-viability limit on abortion

All nine months: that’s how far into pregnancy abortion is legal in New Hampshire. Viable, non-viable, with or without “anomalies”: all irrelevant. What’s more, any abortion-minded woman in New Hampshire is entitled to a dead baby, not merely a terminated pregnancy.

Rep. Keith Murphy and ten co-sponsors brought forward HB 578 in an effort to push back against that bit of barbarity. Murphy took Justice Blackmun at his word as expressed in Roe v. Wade: the state may assert an interest in the preborn child once that child is viable.

The New Hampshire House had a chance to stand with Murphy. The House refused.

Murphy’s clean bill, the one he introduced, was weakened in committee. The clean bill never came up today. The question before the House was whether to adopt the committee amendment, which while inferior to the original bill, kept alive (you’ll pardon the expression) the idea that aborting children at eight or nine months’ gestation is something to be more-or-less avoided.

The amendment was defeated , 170-189.  After that, the bill itself was swiftly tabled.

Somewhere, Kermit Gosnell is smiling. If his life sentence is ever somehow shortened, he can come set up shop in New Hampshire. Among the Pennsylvania laws he violated was one barring abortion beyond a certain point in pregnancy. In New Hampshire, there’s no such limit to ignore.

Both Murphy’s bill and the committee amendment left the determination of viability to the abortionist. That’s quite a concession.

Not enough for the abortion advocates, though. I sat in the gallery today and listened to one of them, Rep. Ebel of New London, condemn both the underlying bill and the proposed amendment, saying they “roll back existing rights” and would interfere with “private medical decisions.”

Murphy’s bill called for a second doctor to be present at the abortion of a viable fetus so that if such a fetus were to survive the attempted abortion, the little one could be cared for, provided that doing so would not endanger the life of the mother. The committee amendment dispensed with that provision, and it still didn’t pass.

That would have “roll[ed] back existing rights”…the right to a dead child, I guess, not merely a terminated pregnancy.

Rep. Claire Rouillard, whose name was on the committee amendment, calmly yet forcefully argued for its adoption. She should give lessons in legislative deportment. Her amendment would have okayed post-viability abortion for “anomalies incompatible with life,” among several other reasons.

Would an abortionist declare a child with “anomalies incompatible with life” to be viable in the first place? Absurd, but it apparently made sense to a majority of people on the Judiciary Committee, which gives me pause. Someone in there thought the bill stood a better chance of passage with the amendment.

Bit of a miscalculation, that.

I love my state deeply. At the same time – and probably because I love my state – I’m ashamed that we’re one of seven states where Kermit Gosnell would feel right at home.

I hope Rep. Murphy will forgive me for quoting extensively from a public Facebook post he made following the tabling of his bill. He is disheartened. (I sympathize.) He started his post by naming the thirty or so Republicans, plus one Libertarian, who joined Democrats in opposing the amendment.

In a later comment on his post, he acknowledged that two Democrats bucked their colleagues on this one: Raymond Gagnon and Jean Jeudy. Good for them.

Murphy acknowledged that a few of those GOP reps might have opposed the amendment because it weakened the original, but he knows better than to give that much credit to all of them.

Most simply opposed the state protecting the lives of unborn children at any moment prior to birth, even when those children could survive outside the womb.

[Update: Rep. Murphy revised his post within four days to indicate five Republicans who voted against the amendment but supported the underlying bill. Those reps are Anne Copp, David Danielson, Jess Edwards, Robert L’Heureux, and Kurt Wuelper.]

Murphy has a touching faith in the GOP platform, which supports the right to life even if some Republican officeholders don’t. And he has something to say to pro-life activists, even if it makes them indignant.

I will not sponsor this bill again until and unless there is both a solid majority of real Republicans who will support it and a commitment by the pro-life community to drum up support and educate the public about the fact that late term abortions are legal in our state. Ultimately those Republicans who find nothing wrong with abortions at 34 weeks need to be defeated in their next primary and replaced with people true to our platform.

…I appreciate the work that several reps put into the bill, and those of you that did try to get emails out to the representatives about the issue….This was the bill I cared about most this year. It was the most consequential bill I filed, and I worked for it. I’m pretty disappointed with the outcome; I truly believe lives hung in the balance and because of the above [GOP] representatives those lives are lost.

Other representatives may yet pick up the banner this year, if parliamentary procedure permits. We shall see. The man who moved to table the bill following rejection of the amendment was Rep. Joe Hagan, chairman of Judiciary, who in very hasty remarks indicated that he thought the bill was salvageable.

Perhaps some of the 280 reps who voted to table the bill agreed with him. Others were probably whistling “Another One Bites the Dust” under their breath.

Update: N.H. Senate Passes Amended Fetal Homicide Bill

The New Hampshire Senate today passed SB 66 on a 14-10 vote. The measure is a fetal homicide bill that would give prosecutors the option of filing homicide charges against anyone whose bad actions cause the death of a preborn child against the mother’s wishes. As introduced, SB 66 could have been used only for fetal deaths after viability, but the Senate amended the bill today to change “viability” to 20 weeks’ gestation.

The bill’s legislative docket includes links to roll calls.

A New Hampshire House committee last week retained another fetal homicide bill, HB 156, which bars further action on the House version for now. The House bill would have made fetal homicide charges possible for deaths of preborn children at 8 weeks’ gestation or later. It is likely that the Senate bill will now go to the same House committee that retained HB 156.

Bill status update

Update on bills I’ve been following:

Buffer zone repeal (HB 589) and a post-viability abortion ban (HB 578): The House Judiciary Committee will vote on these two bills Tuesday afternoon, February 14. The committee can recommend Ought to Pass (and I hope they do), or Inexpedient to Legislate. The committee recommendation will then go to the full House at a later date. You can send a brief Ought to Pass email – better yet, two emails, one for each bill – to the Judiciary Committee at HouseJudiciaryCommittee@leg.state.nh.gov.

I plan to attend the committee meeting on the 14th. Keep an eye on the Leaven for the Loaf Facebook page, where I’ll report on the votes as soon as they’re cast.

Fetal homicide: The House bill (HB 156, Griffin’s Law) had its public hearing in the Criminal Justice committee on February 7, and the committee has taken no public action since then. The Senate bill (SB 66) will get a vote in the full Senate Thursday, February 16.

Abortion statistics (HB 471), which had a public hearing February 7, is still awaiting action in the House Health Human Services and Elderly Affairs Committee.

Observations from this week’s hearings, part 1: post-viability restriction

{Edited to correct an error in  my notes and to respect the privacy of a member of the public. I regret the errors.]

Eugenics is back, as if it ever left, and free speech is just too dangerous to take seriously. That’s what a less optimistic soul than I might have concluded after sitting in on this week’s New Hampshire House Judiciary hearings on bills to limit post-viability abortions and to repeal the buffer zone law.

First up was the post-viability bill. I’ll address the buffer zone repeal bill in a separate post.

Rep. Keith Murphy is leading a large group of co-sponsors in trying to prevent abortions of preborn children capable of life outside the womb. With his bill, he has bent over backwards to find common ground between people who recognize the right to life from conception and people who defend abortion up until birth.

Provider, woman, child: striking a balance of interests

HB 578 says that once a woman’s preborn child reaches 21 weeks’ gestation, the physician for the abortion-minded woman must determine whether or not the child is viable. The physician, the medical professional, more than likely the abortionist, makes the determination of viability.

Think about that: the abortion provider would get to decide on viability. And still, the New Hampshire Medical Society sent a lobbyist – a retired OB/GYN – to object to the bill. Dr. Barry Smith said, “The New Hampshire Medical Society does not take a position on abortion, but we do take a position on interference with the practice of medicine.” Dr. Smith was also representing the New Hampshire section of the American College of Obstetricians and Gynecologists.

I’ve heard from Dr. Smith and the Medical Society before at hearings on life-issue bills. For a group that takes no position on abortion, it sure is consistent in its opposition to regulation of the procedure.  Dr. Smith said that HB 578 was based on “bad science that would harm New Hampshire women.”

The bill includes an exception for procedures necessary to save the life of the pregnant woman or to prevent substantial and irreversible physical impairment of a major bodily function of the pregnant woman.

Finally, the bill provides that if the viable child survives the abortion procedure, the child shall receive care.

So woman, child, and provider each get consideration in the bill.

Legal considerations: no new ground here

Rep. Murphy in his opening statement said that the bill as written is consistent with the U.S. Supreme Court’s Planned Parenthood v. Danforth decision, which was handed down in 1976. This is hardly cutting-edge legislation, except in a place like New Hampshire where abortion providers enjoy political protection.

I can see that HB 578 is also consistent with Roe v. Wade itself, in which seven black-robed sages declared that states could assert an interest in “potential” life later in pregnancy.

“If not viability, when?”

Rep. Murphy showed the committee photographs of children born prematurely, ranging from 21 weeks’ gestation to 26 weeks, and where he could find them he added photos of those same children later in their lives.

Surely, he told his colleagues, you agree these children deserved care. To abort children at the same gestational age “strikes me as brutal and inhumane.”

He pointed out that any claims that post-viability abortions don’t happen here are not supported by hard evidence, since New Hampshire has no abortion statistics reporting law. How can we know that such abortions aren’t occurring?

He asked a rhetorical question that no Judiciary member was willing to challenge directly. “If not viability, when? Do you support abortion until birth?”

Opponents lean on eugenics

Well, yes, there is support for abortion until birth. The fear of disability permeated the room as one opponent of HB 578 after another testified against the bill. Gentle and clinical terms floated in the air: Tragic anomalies, said Dr. Smith.  Tragic circumstances, said Devon Chaffee of ACLU-NH.  Severe congenital abnormalities, said another Dr. Smith (J.J. Smith of the New Hampshire Public Health Association).  Lethal abnormalities, said Renee Novello, M.D., a Lebanon OB/GYN and abortion provider. (I’m not giving away any secrets there; she was candid about the scope of her practice.)

One phrase was unuttered yet deafening: better dead than disabled. 

(Forgive this brief digression: I confess that I take that personally. I have a medical condition which is easily treated now, but was considered a much more serious problem more than a half-century ago. In view of the mid-20th-century treatments for my “anomaly,” I’m glad I went undiagnosed until I reached adulthood.)

Does the bill call for extraordinary measures to care for a child with severe problems who survives attempted abortion? Here is the language of the bill (emphasis added):

No physician shall perform or induce an abortion upon a woman when it has been determined that the unborn child is viable unless there is in attendance a physician other than the physician performing or inducing the abortion who shall take control of and provide immediate medical care for a child born as a result of the abortion. During the performance of the abortion, the physician performing it, and subsequent to the abortion, the physician required to be in attendance, shall take all reasonable steps in keeping with good medical practice, consistent with the procedure used, to preserve the life or health of the viable unborn child; provided that it does not pose an increased risk to the life of the woman or does not pose an increased risk of substantial and irreversible physical impairment of a major bodily function of the woman.

Reasonable steps, good medical practice, with the determination of viability in the first place made by a physician and not a legislator. “Extraordinary” is nowhere in there.

One physician, to his credit, testified in favor of the bill. He did so after hearing several of the tragic-anomaly speakers. He said if early preemies get care – he did not say “extraordinary” care – they can survive. This was Richard Johnson, MD, a New Hampshire surgeon. He tossed a respectful bridge across the chasm separating advocates of the bill from opponents by acknowledging that Dr. Barry Smith had been his mentor and had delivered one of his children. “We disagree on the bill.”

Susan Clifton  testified about her grandchild born with Trisomy 14. No one had to tell her about the challenges facing families birthing and caring for children with disabilities, even lethal ones. Even so, she was there to support HB 578. Abortion for imperfection was apparently more than she could swallow.

Sister Mary Rose Reddy of Rochester kept her testimony brief and to the point. “Disabilities don’t make a child unfit to live. Abortion is a travesty.”

Vote not yet scheduled

There were so many speakers that the next hearing, buffer zone repeal, was pushed back by 45 minutes. Judiciary is chaired this year by Rep. Joe Hagan (R-Chester), who was considerate of everyone in the standing-room-only crowd while keeping his eye on the clock.

The date for a committee vote on HB 578 has not yet been set. It will go to the full House, where an ought-to-pass motion on a similar bill last year (HB 1625) lost by three votes, 148-151.

If HB 578 fails, New Hampshire will continue to be one of the only places in the world where preborn children may be “terminated” at any point in pregnancy. It will continue to be a place where there is no duty to care for children who survive attempted abortion.

Don’t tell me about a “pro-life” party. Let’s see how this bill fares. Let’s see if House leadership takes a position on it. Can a majority of representatives agree that viable children deserve protection? Is this a common-ground bill? If it isn’t, can there be such a thing?