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Volume III, Number 30 / September 17, 1999
Moving toward the Responsible Choices Agenda
Goal:
Increase services that prevent unintended pregnancy by guaranteeing equity in insurance coverage for family planning.
Treasury And General Government Conference Report Approved By Congress
This week, the House and Senate approved the conference report on the Treasury and General Government Appropriations Act (H.R. 2490). The conference report contains last year’s language requiring health care providers participating in the Federal Employees’ Health Benefits Program to provide coverage of contraceptive drugs and devices in the same manner that they cover other prescription drugs and devices. The conference eliminated the convoluted and onerous restrictions included in the House bill by Rep. Chris Smith (R-NJ). It does, however, continue the prohibition on abortion coverage except in cases of life endangerment, rape or incest.
House Judiciary Committee Marks Up Feticide Bill
On a party-line vote of 14-11, the House Judiciary Committee approved the so-called "Unborn Victims of Violence Act," (H.R. 2436), introduced by Rep Lindsey Graham (R-SC). The bill would create a separate crime for injury or death of a fetus during the commission of a federal crime or a crime on federal property. The bill defines a fetus as an "unborn child." According to a story in the September 15th edition of The Washington Post, Graham contended in a recent interview, "There is going to be a lot of all-party support for holding criminals liable for destroying unborn children, regardless of how you feel about abortion." Supporters got an impetus from a recent case in Arkansas in which a woman’s boyfriend and three other men have been charged under that state’s feticide bill. The boyfriend is alleged to have hired the other three to assault the woman with the intent of ending the nearly nine-month pregnancy.
Before the final vote, the committee rejected three Democratic amendments. One offered by Reps. Zoe Lofgren (D-CA) and John Conyers (D-MI) would have created a separate crime for an attack on a pregnant woman that resulted in injury or the interruption of her pregnancy. The focus on this substitute was on the pregnant woman, and did not use the term "unborn child." It was defeated 8-20.
Rep. Mel Watt (D-NC) offered an amendment to remove the references to "unborn child" in the bill and replace them with language focussing on the pregnant woman and the violence done to her. This amendment was rejected 11-14.
Finally, Rep. Tammy Baldwin (D-WI) proposed an amendment to insure that those who perform and participate in medical research and clinic trials would be exempt. This amendment failed on an 11-13 vote.
In response to the committee’s action, PPFA President Gloria Feldt issued a statement which said, in part,
- "...Ironically, some of the most ardent anti-choice, anti-women
members of Congress have now introduced the `Unborn Victims of Violence
Act’ under the guise of protecting women against violence. The intent of
the law is clear - separate the fetus from the woman, and attach rights
of personhood to the fetus. … The cosponsors of the bill, Rep. Lindsey
Graham (R-SC), Rep. Chris Smith (R-NJ) and Rep. Charles Canady... have
no credibility when it comes to protecting the rights of women:
Not one is a cosponsor of the Violence Against Women Act I or II. All consistently vote to deny women access to reproductive health services including both contraception and abortion, vote against comprehensive and balanced sex education, and push to diminish federal funds for family planning, both domestically and internationally."
Wal-Mart Agrees To Provide Or Refer For Emergency Contraception
After several months of negotiations between executive staff from PPFA and Wal-Mart, Wal-Mart has agreed to clarify its position on providing emergency contraception and contraceptive drugs in general. The policy Wal-Mart headquarters has conveyed to its pharmacies through its regional and district managers is as follows:
The customer comes first: prescriptions are to be filled.
The pharmacists must meet the customer’s need by either finding an on-site Wal-Mart pharmacist to fill the prescription or, if none is available, by (the Wal-Mart pharmacist) making arrangements with a near-by competitor for the customer. It is not appropriate for Wal-Mart pharmacists to share their religious or moral views with customers.
According to a Dow Jones on-line story on this issue, Wal-Mart spokesperson Jay Allen said that it is the company’s policy to carry the medicines that patients need. "It is not a new policy. We will fill doctors’ prescriptions for products that we carry, including emergency contraception."
Wal-Mart has been provided with the address and phone numbers of Planned Parenthood affiliates that provide emergency contraception services. Wal-Mart headquarters will make sure its pharmacies have that information to include, when necessary, in their referrals.
Missouri Legislature Overturns Governor’s Veto Of So-Called "Partial Birth" Abortion Law
This week, the Missouri House and Senate voted to override Gov. Mel Carnahan’s (D) veto of the ban on so-called "partial birth" abortions. The measure took effect immediately. PPFA lawyers representing Reproductive Health Services of PP of the St. Louis Region, went to court on September 17th to seek an injunction preventing enforcement of the law. Judge Scott O. Wright issued a temporary restraining order the same day.
Gov. Carnahan said, "It’s an unfortunate day for the women of Missouri. This bill is far more extreme than opponents claim. And I fear that future events will prove how dangerous the bill truly is."
IN THE STATES - State Legislative Update
Enforcement Of Montana’s So-Called "Partial Birth" Abortion Ban Enjoined
Montana's new so-called "partial birth" abortion law will not take effect as scheduled on October 1st. With the parties' agreement, a state court has issued a temporary restraining order that will remain in effect until the court reaches a decision in the case. A hearing is scheduled in February 2000. Montana's previous abortion ban law was declared unconstitutional as too vague. The new law is more specific but still broad and vague enough to ban most abortions after 12 weeks since a woman’s last menstrual period. The new case, like the previous one, is filed under the state constitution, which has explicit protection for a woman's right to privacy. The plaintiffs in the case are Intermountain Planned Parenthood and two physicians. They are represented by lawyers with PPFA, the Center for Reproductive Law and Policy and Roberta Anner-Hughes of Billings.
Court Allows Virginia’s So-Called "Partial Birth" Law To Take Effect
The U.S. Court of Appeals for the Fourth Circuit has ruled that Virginia may enforce its so-called “partial birth” abortion law while the state appeals a lower court ruling declaring that the law is unconstitutional. The appeals court is not scheduled to hear arguments on the case until early next year and, according to a story in the September 15th edition of The Washington Post, this could mean that the law will remain in effect for at least six months and maybe more than a year. This appeals court has been extremely sympathetic to most anti-choice laws passed in Virginia and earlier this year stayed the lower court’s preliminary injunction of the so-called “partial birth” abortion law.
Ban On So-Called "Partial Birth" Abortions Again Filed In Kansas
Spurred on by the story out of Arizona that a young girl who needed an abortion at 24 weeks reportedly being sent to Kansas for the procedure, abortion opponents in the Kansas legislature are again seeking to pass a law that would ban so-called "partial birth" abortions. In a story in the September 3rd edition of the Wichita Eagle, Sen. Karin Brownlee is reported to say, "For some of us, it is a rallying call. It's disturbing that Kansas is known for this type of business."
Sen. Nancey Harrington (R) introduced a bill that would ban abortions "in which the person performing the abortion partially vaginally delivers a living human being fetus before killing the infant and completing the delivery." The only exception to the ban would be to save the woman's life. "The state must erect an impenetrable wall against infanticide," the Eagle reports Harrington saying.
There currently is a law on the books banning so-called "partial birth" abortions. However, the state has interpreted the language of the exceptions to the ban to allow abortions if a woman's mental health were threatened and opponents want to eliminate that option.
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