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Copyright 1999 St. Louis Post-Dispatch, Inc.  
St. Louis Post-Dispatch

July 13, 1999, Tuesday, THREE STAR EDITION 
Correction Appended

SECTION: NEWS, Pg. A7

LENGTH: 686 words

HEADLINE: GOV. CARNAHAN VETOES BILL BANNING LATE-TERM ABORTION PROCEDURES

BYLINE: Bill Bell Jr.; Post-Dispatch Jefferson City Bureau

DATELINE: JEFFERSON CITY

BODY:


Gov. Mel Carnahan vetoed the so-called Infants' Protection Act Monday, saying the measure would ban most abortion procedures.

At a news conference resembling a campaign pep rally, Carnahan offered a new argument against what he called the "dangerously flawed" measure, saying it could give someone who kills an abortion doctor an extra legal defense.

The veto sets up a bitter political fight in September, when abortion opponents have promised to override his decision. The veto also will likely become a top issue in Carnahan's campaign against Sen. John Ashcroft, R-Mo, an ardent abortion opponent. The two will likely face each other in the November 2000 election. Abortion foes said Carnahan was using "scare tactics" to drum up support for his position.

"The governor is really dredging the bottom of the barrel to come up with some far-fetched reactions," said Lou DeFeo, executive director and general counsel of the Missouri Catholic Conference. "He's playing spin doctor."

The measure would create a new crime of infanticide allowing prosecutors to bring charges against anyone who commits an "overt act" to kill a fetus once the fetus' navel or chin has passed a woman's cervix. The crime would be a Class A felony, punishable with 10 to 30 years in prison or life in prison.

Proponents say the bill protects infants as they are being born. Opponents, such as Carnahan, say the measure bans abortion procedures commonly done in the fifth or sixth week of pregnancy.

About 75 people - mostly women wearing "Thank You Mel" buttons - filled Carnahan's office as he announced his veto. St. Louis Circuit Attorney Dee Joyce-Hayes also made an appearance at the event, supporting Carnahan's argument that the measure is so vague, it could inadvertently offer a new line of defense for someone who might kill an abortion doctor.

Later, in an interview, Joyce-Hayes said the bill also failed several other constitutional tests set by federal courts. The bill lacks a health exception for the mother, she said, and is overly vague. She said she sees the measure as a clear effort to set up a court case on the issue.

"Missouri can't secede from the Union and go out and do its own thing," she said. "I think (the bill) is full of holes."

DeFeo said the bill would defend doctors who inadvertently hurt a child or the mother while trying to deliver a baby.

The bill's sponsor, Sen. Ted House, D-St. Charles, said he would try to keep the veto-override debate focused on the proposed law and not on politics.

However, minutes after Carnahan's press conference ended, both the Missouri Republican Party and House Minority Floor Leader Delbert Scott, R-Lowry City, issued press releases deriding the governor's veto.

While the bill commanded large majorities in both chambers when it passed, that doesn't automatically translate into a veto override. Some legislators are likely to side with the governor out of partisan loyalty and legislative tradition.

In 1997, the Senate rebuffed an override attempt on a similar abortion bill. Seven Democrats and one Republican who had supported the bill changed sides and voted to sustain Carnahan's veto.

The last successful override was in 1980, when legislators reinstated funds for construction of the Truman State Office Building. This September, the first test of the override will come in the House, where supporters are confident they have the 109 votes to override.

Votes are once again much closer in the Senate, where the measure passed, 27-6, in May. Rural Democrats up for re-election next year, such as Sen. Jerry Howard, D-Dexter, could be key.

Susan Klein, executive director of Missouri Right to Life - the state's largest anti-abortion group - said her organization will start a new chapter in Howard's Bootheel district this summer.

M'Evie Mead, a lobbyist for the Missouri National Abortion and Reproductive Rights Action League - who brought a busload of people to the event - said she planned to bombard lawmakers with information. "We're going to shout from the treetops about how bad this bill is," she said.

CORRECTION:
RECTION - Correction published July 14, 1999 - The headline on this story about a veto of an abortion bill is incorrect. The bill did not specify whether it would involve only late-term abortions, and critics contended it could have been used to ban abortions early in a pregnancy.

LOAD-DATE: July 15, 1999




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