NAF's Report on Federal and State Action on Abortion
Issues
June, 2000
Federal Legislation
6/20-The Senate defeated the Murray-Snowe amendment to the Defense Authorization Act by a 50-49 vote. The proposed amendment would have permitted servicewomen stationed overseas to access abortions in military hospitals, provided they were privately funded. The House of Representatives rejected a similar amendment last month.6/29-The House of Representatives passed the Quality Health Care Coalition Act, which included an amendment by Representative Tom Coburn (R-OK) preventing physicians from negotiating abortion coverage with health care plans. The amendment passed 213-202; Rep. Conyers (D-MI) called the amendment an "anti-choice gag rule."
In the States
6/7-The Republican-controlled New York State Senate passed a so-called "partial birth abortion" ban. The bill now moves to the Democrat-controlled State Assembly.6/9-Illinois Governor Tom Ryan vetoed a bill that would have removed the health exception from Medicaid funding for abortions. Current law allows Medicaid to pay for abortions in case of rape, incest, or if the life or health of the mother is endangered.
In the Courts
6/11-U.S. District Judge Charles Pannell ruled against MARTA, the Atlanta, Georgia mass transit system, which refused to run NAF's public service advertisements. Although MARTA claimed that it refused advertising relating to all controversial issues, Judge Pannell said this rule had been applied inconsistently, citing previous MARTA ads on adoption, safe sex and pregnancy counseling.6/20-Operation Rescue and the Department of Justice settled a 1997 lawsuit stemming from violations of the Freedom of Access to Clinic Entrances Act after protesters blocked the entrance to several Ohio reproductive health clinics. Although the protesters did not admit to violating the law, they did agree not to stand, kneel or sit in a way that prevented access to the clinics.
6/21-The Christian Defense Coalition filed a lawsuit against the United States Supreme Court in response to Chief Justice Rehnquist's order preventing the organization from displaying posters larger than six feet by four feet on the steps of the court. CDC contended that the order violated free speech. Dale Bosley, the Supreme Court police marshal, said that the posters were a safety hazard.
6/23-U.S. District Court Judge Barbara Crabb ruled that abortion providers are not always required to provide state scripted information in Wisconsin's 1996 "24-hour waiting period" law. In an effort to protect the woman's psychological health, doctors can omit information if they feel the details might cause a medical emergency that would result in the woman's death or the impairment of bodily functions.
6/28-The Supreme Court ruled in Stenberg v. Carhart that Nebraska's so-called "partial birth abortion" ban is unconstitutional. In a 5-4 decision, the court held that the ban is not consistent with the 1992 Casey decision because it lacks a health exception. Justice Breyer authored the court's opinion, with Chief Justice Rehnquist and Justices Thomas, Scalia and Kennedy dissenting.
6/28-In Hill v. Colorado, the Supreme Court upheld Colorado's "bubble law" which states that no one within 100 feet of a health clinic may engage in "sidewalk counseling," leafleting or hold posters closer than 8 feet of someone trying to approach the clinic without their consent. Justice Stevens authored the opinion in the 6-3 decision, with Justices Kennedy, Scalia and Thomas dissenting.
In Other News
6/14-The American Medical Association approved a resolution instructing hospitals that provide prenatal care to also offer "pregnancy prevention services," but neither physicians nor hospitals could be compelled to perform procedures that breached personal moral values. The original resolution, introduced by the California Medical Association, would have required hospitals receiving federal funds to provide a "full range of reproductive services" including abortions, tubal ligations and vasectomies. The final AMA resolution was silent on abortion.Around the World
6/5-The Manitoba Pharmaceutical Association adopted a "protection of conscience" policy at its annual meeting, allowing pharmacists to refuse to dispense certain medications. A clause that would have required "conscientious objectors" to refer patients to a willing pharmacist was rejected.