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 A weekly report on public policy issues in
Washington, the states, and the world.
October 26, 1999 — Volume
3, Number 35

Senate
Passes So-Called "Partial Birth" Abortion Ban With Votes To Sustain
A Veto
Senator
Harkin's "Sense Of Congress Concerning Roe v. Wade"
Appropriations
Bills: Where Are They Now?
PPFA
President Sends Clarion Call In San Francisco
Federal
Judge Declares Idaho's So-Called "Partial Birth" Abortion Ban
Unconstitutional
Kentucky
Legislator Planning To Introduce Fetal And Pharmacist Protection
Bills
Chicago
Area Hospital Group's New Abortion Policy Pleases No One
Michigan
Lawmakers Want to Exclude Abortion Coverage From Private Insurance
Planned
Parenthood Clinic In South Dakota Damaged By Bomb
Resources
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Senate Passes So-Called "Partial Birth" Abortion Ban With
Votes To Sustain A Veto On
October 21st, the Senate voted 63-34 for S. 1692, the so-called
"Partial Birth Abortion Ban Act." (editor's note – the bill number
given in last week's newsletter was wrong.) Of the three senators
who did not vote, only Sen. John Chafee (R-RI) opposes the bill, so
this year supporters have gained a vote and are only two votes shy
of a successful veto override.
The two days of "debate" were
often ugly, with Sen. Rick Santorum (R-PA), the bill's sponsor, and
other supporters calling doctors who perform abortions,
"executioners." They also repeatedly questioned whether the women
who have so bravely told the stories of their need to abort wanted
pregnancies using methods that would be outlawed by this law really
needed to abort their pregnancies. They kept insisting that
abortion, and especially so-called "partial birth" abortion, was
responsible for the killings at Columbine High School.
Sen.
Bob Smith (I-NH) brought out a poster to describe the "dirty little
secret" about so-called "partial birth" abortions. He alleged that
at Planned Parenthood and other clinics that provide abortions a
"harvester" hides in a back room, "to take her baby, cut it into
pieces and sell it." He insisted that abortion providers support
so-called "partial birth" abortions because these abortions provide
the most usable parts to sell for research. Smith gave this speech
verbatim twice, once on Wednesday evening and again on Thursday
afternoon.
Sen. Blanche Lambert Lincoln (D-AR), in her
remarks on the Senate floor, criticized S. 1692. She supported an
amendment offered by Sen. Richard Durbin (D-IL) that would have
prohibited post-viability abortions except in cases of life
endangerment or severe threat to a woman's physical health, and
required a second doctor's certification of this health threat.
However, the Senate tabled this amendment by a vote of 61-38, and
Lincoln went on to vote voted for S. 1692.
During the
debate, Sen. Tom Harkin (D-IA) offered a "Sense of the Senate"
resolution reaffirming the importance of the Roe v. Wade decision
and declaring that it was "appropriate," "constitutional" and should
not be overturned. This resolution passed by the narrowest of
margins, 51-47. It is important because it is the first up or down
vote the U.S. Senate has ever taken on Roe and clearly identifies
senators who do not support the right to choose. For instance, Sen.
Kay Bailey Hutchison (R-TX), who continues to allege that she is
pro-choice while never voting positively on any choice issue, voted
both to table Harkin's amendment and, when the motion to table
failed, voted against the resolution.
President Clinton has
promised to again veto the bill, and the veto override attempt will
take place next year, in the heat of a presidential and
congressional election campaign.
Note: Courts have held
almost unanimously that state laws similar to the federal bill would
ban common first and second trimester abortion procedures.
Senator Harkin's "Sense Of Congress Concerning Roe v.
Wade" "(a)
Findings: Congress finds that--
(1) reproductive rights are central to the ability of women to
exercise their full rights under Federal and State law;
(2) abortion has been a legal and constitutionally protected
medical procedure throughout the United States since the Supreme
Court decision in Roe v. Wade (410 U.S. 113 (1973));
(3) the 1973 Supreme Court decision in Roe v. Wade established
constitutionally based limits on the power of States to restrict
the right of a woman to choose to terminate a pregnancy; and
(4) women should not be forced into illegal and dangerous
abortions as they often were prior to the Roe v. Wade
decision. (b) Sense of Congress: It is the sense of the Congress
that--
(1) Roe v. Wade was an appropriate decision and secures an
important constitutional right; and
(2) such decision should not be overturned. Vote on Final
Passage of S. 1692
NAY: (pro) 34
Akaka |
Baucus |
Bingaman |
Boxer |
Bryan |
Chafee |
Cleland |
Collins |
Dodd |
Durbin |
Edwards |
Feingold |
Feinstein |
Graham |
Harkin |
Inouye |
Jeffords |
Kennedy |
Kerrey |
Kerry |
Kohl |
Lautenberg |
Levin |
Mikulski |
Murray |
Reed |
Robb |
Rockefeller |
Sarbanes |
Schumer |
Snowe |
Torricelli |
Wellstone |
Wyden |
AYE: (anti) 63
Abraham |
Allard |
Ashcroft |
Bayh |
Bennett |
Biden |
Bond |
Breaux |
Brownback |
Bunning |
Burns |
Byrd |
Campbell |
Cochran |
Conrad |
Coverdell |
Craig |
Crapo |
Daschle |
DeWine |
Domenici |
Dorgan | >
Enzi |
Fitzgerald |
Frist |
Gorton |
Gramm |
Grams |
Hagel |
Hatch |
Helms |
Hollings |
Hutchinson |
Hutchison |
Inhofe |
Johnson |
Kyl |
Landrieu |
Leahy |
Lincoln |
Lott |
Lugar |
McCain |
McConnell |
Moynihan |
Murkowski |
Nickles |
Reid |
Roberts |
Roth |
Santorum |
Sessions |
Shelby |
Smith (NH) |
Smith (OR) |
Specter |
Stevens |
Thomas |
Thompson |
Thurmond |
Voinovich |
Warner |
Abraham |
NOT VOTING — Chafee
Gregg Mack
Vote On Harkin
Amendment
YEAS-(pro-choice)-51
Akaka |
Edwards |
Lieberman |
Baucus |
Feingold |
Lincoln |
Bayh |
Feinstein |
Mikulski |
Biden |
Graham |
Moynihan |
Bingaman |
Harkin |
Murray |
Boxer |
Hollings |
Reed |
Bryan |
Inouye |
Robb |
Byrd |
Jeffords |
Rockefeller |
Campbell |
Johnson |
Sarbanes | <
Chafee |
Kennedy |
Schumer |
Cleland |
Kerrey |
Snowe |
Collins |
Kerry |
Specter |
Conrad |
Kohl |
Stevens |
Daschle |
Landrieu |
Torricelli |
Dodd |
Lautenberg |
Warner |
Dorgan |
Leahy |
Wellstone |
Durbin |
Levin |
Wyden |
NAYS-(anti-choice)-47
Abraham |
Fitzgerald |
McConnell |
Allard |
Frist |
Murkowski |
Ashcroft |
Gorton |
Nickles |
Bennett |
Gramm |
Reid |
Bond |
Grams |
Roberts |
Breaux |
Grassley |
Roth |
Brownback |
Hagel |
Santorum |
Bunning |
Hatch |
Sessions |
Burns |
Helms |
Shelby |
Cochran |
Hutchinson |
Smith (NH) |
Coverdell |
Hutchison |
Smith (OR) |
Craig |
Inhofe |
Thomas |
Crapo |
Kyl |
Thompson |
DeWine |
Lott |
Thurmond |
Domenici |
Lugar |
Voinovich |
Enzi |
Mack |
NOT VOTING — Gregg McCain
PLEASE BE SURE TO THANK THOSE SENATORS WHO VOTED FOR HARKIN
& AGAINST SANTORUM.
Appropriations Bills: Where Are They Now? The
House continues to be unable to reach an agreement on funding levels
and offsets in the Labor-HHS-Education Appropriations bill. It now
appears that it will be attached to the District of Columbia
Appropriations bill (which already has been vetoed once and the
reworked version is still unacceptable to the Administration) and
will be voted on next week.
The President also vetoed the
Foreign Operations Appropriations bill. It now appears that this
bill will end up in the end-of-the-session Omnibus Appropriations
bill.
PPFA President Sends Clarion Call In San Francisco
On
October 19th, PPFA President Gloria Feldt spoke at the
Commonwealth Club of California in San Francisco. With that speech,
she unveiled the Federation's Responsible Choices® 2000
Platform. She outlined the pro-choice majority's challenges and
goals in the upcoming election year. The Responsible Choices 2000
Platform is a bipartisan initiative that seeks to ensure that a
pro-choice agenda is a top priority for those seeking to be elected
on November 7, 2000. Feldt told her audience that the central planks
of the Responsible Choices 2000 Platform are: access to
family planning services and equity in insurance coverage for
contraception for all Americans, including the poor and uninsured;
medically accurate sexuality education; funding for international
family planning; and focusing 'conscience' provisions for health
care providers and facilities on the conscience of the patient."
The speech was a strong reaffirmation of the Responsible
Choices Action Agenda. It also was a clear reminder of what is
at stake in the elections of November 2000, and the hard but
necessary work that faces those who support the goals of the
Responsible Choices Action Agenda during the next year.
State
Legislative Update
Federal Judge Declares Idaho's So-Called "Partial Birth"
Abortion Ban Unconstitutional On
October 15th, U.S. District Court Judge B. Lynn Winmill declared
Idaho's so-called "partial birth" abortion ban law unconstitutional.
Winmill's decision held that, "The act bans the safest and most
common method of abortion used in Idaho and, therefore, imposes an
undue burden on a woman's right to terminate her pregnancy." The
decision also said that the law unconstitutionally imposed parental
and spousal consent requirements on a woman's right to obtain an
abortion because it gave the husband and/or parents of the pregnant
woman the right to sue a physician for performing an abortion.
The law was passed in 1998, and Judge Winmill issued a
restraining order in March of that year, shortly after Gov. Phil
Batt (R) signed it. According to a report from the Associated Press,
Deputy State Attorney General David High said the decision will not
be appealed because, "The decisions around the country indicate this
is the way the courts are viewing this. We're not going to waste
taxpayers money on it."
Lawyers from the American Civil
Liberties Union and PPFA's Public Policy Litigation and Law
represented PP of Idaho and two providers from the state.
Kentucky Legislator Planning To Introduce Fetal And
Pharmacist Protection Bills At
the behest of anti-abortion groups in Kentucky, state Sen. Elizabeth
Tori (R) has drafted a bill she intends to introduce in the 2000
legislative session that would seek to give fetuses separate rights
in assault cases. According to a story in the October 17th edition
of the Lexington Herald Leader, she told the annual convention of
the Kentucky Right to Life Association, "It needs to be considered a
capital offense if a baby is killed before they're [sic] born. If
the pregnant woman is harmed, then the criminal is just as guilty of
harming one as two."
Additionally, the article reports that
state Rep. Joe Fischer will introduce a bill that will protect
pharmacists and other health professionals who refuse to provide
women with such things as emergency contraception or drugs that
induce abortion such as mifepristone. A similar bill was introduced
in the 1999 legislative session.
Chicago Area Hospital Group's New Abortion Policy Pleases No
One Advocate
Health Care is a church-affiliated hospital corporation with
headquarters in Oak Brook, IL and eight hospitals in the Chicago
metropolitan area. The corporation decided to allow abortions under
only limited circumstances and at only two of its facilities.
Abortions will be allowed in cases of rape or incest, or if the
fetus is suffering from such severe birth defects that it could not
be expected to survive for more than a few minutes if it survived
the birth process at all. The policy is set to go into effect by
January 1, 2000, but may be implemented earlier at some hospitals.
Pro-choice forces argue that even though the services are
available at other facilities in the area, women shouldn't be forced
to search around for a facility to obtain a needed health service. A
story in the October 14th edition of the Chicago Sun-Times reports
the mid-west regional director of NARAL saying, "They're health care
providers, and they're refusing to provide a service guaranteed
under the Constitution to all women. It's outrageous that 20 or 30
people in a boardroom are making choices for women facing an
unplanned pregnancy. This is their way to curtail access to abortion
services."
Anti-choice forces aren't satisfied either. The
Sun-Times story also quotes Pro-Life Action League executive
director, Joe Scheidler as calling the policy a "sop." "They're
throwing us a bone."
Michigan Lawmakers Want to Exclude Abortion Coverage From
Private Insurances Michigan
state Rep. Laruen Hager (R) has introduced legislation that would
prohibit the state's Blue Cross and Blue Shield companies from
including abortion coverage in their policies without a separate
rider. Similar legislation has been introduced to cover Health
Maintenance Organizations and commercial health insurance companies.
According to a story in the October 14th edition of The
Grand Rapids Press, Hager said, "If abortion is a matter of choice,
shouldn't people who want abortion coverage choose it? Rep. Mark
Jansen (R) who introduced the bill covering HMOs said, "You do have
a choice. If you feel strongly about having an abortion, you will
have that choice and, by the way, you will pay for it."
At a
hearing before Michigan's House Insurance and Financial Services
Committee last week, a representative of Blue Cross and Blue Shield
testified that employers who want to offer insurance plans without
abortion coverage can opt for a rider that excludes the service and
cuts the cost of the policy. She said that currently, opting out of
providing abortions cuts the cost of a policy by about 11 cents.
About 4.5 million Michigan residents are covered by Blue Cross/Blue
Shield.
Planned Parenthood Clinic In South Dakota Damaged By Bomb
At
the behest of anti-abortion groups in Kentucky, state Sen. Elizabeth
Tori (R) has drafted a bill she intends to introduce in the 2000
legislative session that would seek to give fetuses separate rights
in assault cases. According to a story in the October 17th edition
of the Lexington Herald Leader, she told the annual convention of
the Kentucky Right to Life Association, "It needs to be considered a
capital offense if a baby is killed before they're [sic] born. If
the pregnant woman is harmed, then the criminal is just as guilty of
harming one as two."
Additionally, the article reports that
state Rep. Joe Fischer will introduce a bill that will protect
pharmacists and other health professionals who refuse to provide
women with such things as emergency contraception or drugs that
induce abortion such as mifepristone. A similar bill was introduced
in the 1999 legislative session.
Resources Dos
And Don'ts Hot Off The Press
The 1999 edition of "Do's
and Don'ts for Public Affairs Activities During An Election
Campaign: a Guide for Planned Parenthood 501(c)(3) Organizations"
has been mailed to affiliate CEOs and state public affairs
directors. This is a helpful guide to staying out of legal trouble
during election season. Limited additional copies are available. If
you need any, please contact Steven Molina by cc:Mail or calling
212-261-4329.
What's Up With You?If you have
questions, suggestions, or news to share, contact the editor of this
publication.
Jane Baldinger, Communications manager phone:
202/785-3351 fax: 202/293-4349 email: jane.baldinger@ppfa.org
Published by the Public Affairs Group, Planned
Parenthood Federation of America, Inc.
© 1999 Planned
Parenthood Federation of America, Inc.
Washington
Office 1120 Connecticut Avenue NW Suite 461 Washington,
D.C. 20036 202/785-3351
810 Seventh Avenue New
York, New York 10019 212/541-7800
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