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September 3, 1999, Volume 3, Number 28
Congress Returns To Face Labor-HHS Dilemma
When Congress returns to Washington next week, it will be faced with a serious dilemma. Two appropriations bills, including the Labor-HHS-Education bill, remain to be considered, and there isn't enough money left under the budget cap to fund them without deep cuts in essential and popular programs. Labor-HHS-Education is the largest, non-military appropriations bill and contains large entitlement programs such as Social Security and Medicaid as well as funding for numerous contentious activities. The bill is scheduled to be marked up in the House Appropriations Labor-HHS-Education Subcommittee on September 9th. It still is unclear whether or not that mark-up will take place as scheduled.
Although we are unsure what amendments will be offered at mark-up, we fully expect that, when the bill is debated in the full Appropriations Committee, Rep. Ernest Istook (R-OK) will offer an amendment requiring some form of parental consent for contraceptive services at Title X clinics. He has offered such an amendment during debate of this bill in each of the past three years. Other members of the full committee such as Rep. Todd Tiahrt (R-KS), who have taken the lead on other anti-family planning amendments in the past, have not made their intentions known.
As fluid as this issue is at this point, the most important message to give to your senators and representatives is they should support the Title X family planning program without any restrictions on access to services.
IN THE STATES State Legislative Update
First Application Of Arkansas's Fetal Protection Law Is Underway
Earlier this year, the Arkansas legislature narrowly passed a fetal protection bill. It declares that causing the death of a fetus older than 12 weeks is to be considered a homicide. This week, for the first time, the law is being applied. Initially described in news stories as a robbery during which one of the robbers purposely kicked a woman who was nine-months pregnant, killing the fetus, the case has turned into something far more sinister. Reports in today's Arkansas Democrat Gazette and on the Associated Press wire indicate that the robbery allegedly was just a ruse to kill the fetus.
According to press reports, Shawana Pace's boyfriend, Erik Bullock, is alleged to have hired three people, two of them minors, to pretend to rob his home and to make sure that the fetus was killed. The stories say that Ms. Pace told police that Bullock did not want the baby and "was afraid. He didn't want his parents to know." She says she begged her assailants to spare her baby, but one assailant cursed at her and told her "Your baby is dying tonight." Two of the men then kicked and punched her, killing the fetus, breaking her ribs and damaging her spleen badly enough that it had to be removed.
The three alleged "robbers" and Bullock have been arrested and charged with felony murder, punishable by life in prison or death.
Federal Judge Refuses To Lift Injunction On Virginia's Abortion Ban Law
Federal District Judge Robert Payne refused a request by Virginia Gov. Jim Gilmore (R) to allow the state's ban on so-called "partial birth" abortions go into effect while the state appeals Judge Payne's decision that the law is unconstitutional. A permanent injunction issued by the judge on July 16th will remain in effect while the appeals process continues. The state may now go to the U.S. Court of Appeals for the 4th Circuit and ask them to stay Payne's injunction while the process continues. In the past, the 4th Circuit has been very sympathetic to Virginia's anti-choice laws, but the federal courts have been virtually unanimous in their holding that these abortion ban laws are unconstitutional.
The plaintiffs, which included PP of Metropolitan Washington, the Virginia League for Planned Parenthood and PP of the Blue Ridge, were represented by lawyers with the Center for Reproductive Law and Policy and PPFA.
Federal Judge Declares Rhode Island's Abortion Ban Unconstitutional
On August 30th, Federal District Judge Ronald Lagueux declared Rhode Island's two-year-old ban on so-called "partial birth" abortions unconstitutional. According to a story in the August 31st issue of the Worcester (MA) Telegram and Gazette, he said the law was in need of "constitutional pruning," and that changes the legislature made in 1998 did nothing to improve its constitutionality. Judge Lagueux's opinion held that "No amount of government promises can salvage this Act. This case does not decide whether defendants may proscribe the [so-called "partial birth" abortion procedure] because this Act bans far more and, not coincidentally, far more than the Constitution allows. The Supreme Court instructs that a law this unrestrained and pernicious to the Constitution must be torn out by the roots."
Judge Lagueux said that the law failed constitutional muster on four grounds, it is vague, makes no exception to protect a woman's health, doesn't provide a proper exception to protect a woman's health, and places an "undue burden" on a woman's right to obtain an abortion.
Susan Closter-Godoy, public affairs director of PP of Rhode Island is quoted in the Providence Journal stating, "legislators cannot craft language that will stand muster by the courts when it comes to making medical decision, and these reproductive health care decisions must be made by women and their physicians, not by legislators."
The state is expected to appeal the decision. The plaintiffs, who were represented by the Rhode Island and national ACLU, the Reproductive Freedom Project and PPFA, include PP of Rhode Island and its medical director, Dr. Pablo Rodriguez, and the Rhode Island Medical Society.
Michigan County Prohibits Health Department From Prescribing Preven
The Macomb County, MI commissioners voted last week to prohibit doctors working at county health department clinics from prescribing Preven or any other drug used as emergency contraception. Calling Preven an "abortifacient," the commissioners said they were voting to prohibit taxpayers dollars being used to provide abortions. There was a discussion about including a ban on referring women to Planned Parenthood or other health providers for the drug, but it was pointed out that Title X regulations require that grantees provide or refer for this service and the county would be at risk of losing $600,000 in Title X funds if they barred referral.
PP of Southeast Michigan (Detroit) CEO Jacqueline Morrison says that Wayne and Oakland Counties — the other counties in the affiliate's turf — are now also considering similar action.
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