Back in 1965, Justice Douglas of the U.S. Supreme Court wrote for the majority in the Griswold case that the right to privacy, while not explicit in the U.S. Constitution, could be derived as an "emanation" within the "penumbra" of enumerated rights. (That's his language, not mine.) Emanations and penumbras can of course be toxic, as we learned in '73 when Roe was handed down, buttressed by Griswold's reasoning.
Forty-seven years later, HHS Secretary Kathleen Sebelius is apparently all on board with penumbras. She was on Capitol Hill yesterday to face Congressional questioning. One bold soul asked her how she decided the HHS contraceptive-coverage mandate could square with religious liberty. Madam Secretary's reply:
"Congressman, I’m not a lawyer and I don’t pretend to understand the
nuances of the constitutional balancing tests […] I am not going to wade
into constitutional law, I’m talking about the fact that we are
implementing a law that was passed by the Congress, signed by the
President, which directed our department to develop a package of
preventive health services for women. We have done just that with the
advice of the Institute of Medicine, and promulgated that rule."
I am indebted to Calvin Freiburger (here) and his unbeatable commentary on that answer, published in Live Action News today:
"Note well that the combination of congressional votes, presidential
signatures, and the opinion of the Institute of Medicine amount to
somewhere between nada and zilch when it comes to constitutional law."
Friday, April 27, 2012
Thursday, April 26, 2012
How to Mount An Effective Counter-Demonstration
Our stalwart neighbors at PPNNE are excitedly tweeting about a rally in NH to be held Saturday: a Unite Against The War On Women Rally! (Exclamation point theirs.)
I am not going to call for a counter-demonstration. NH pro-lifers had one yesterday: the state senate passed a ban on partial-birth abortion - a bill that PPNNE fought tooth & nail from the day it was introduced. Yesterday's vote was the fruit of a lot of hard work by a lot of people.
That's my kind of demonstration.
I am not going to call for a counter-demonstration. NH pro-lifers had one yesterday: the state senate passed a ban on partial-birth abortion - a bill that PPNNE fought tooth & nail from the day it was introduced. Yesterday's vote was the fruit of a lot of hard work by a lot of people.
That's my kind of demonstration.
Wednesday, April 25, 2012
Your move, Governor Lynch
Two pro-life bills were passed by the New Hampshire Senate today, and the sky didn't fall.
The NH Senate passed HB 1679 today on a straight party-line vote, agreeing with the House that it is not a good idea for New Hampshire to put out the welcome mat for practitioners who want to do late-term abortions by the "partial-birth" method, also known as D&X. Partial-birth abortion is as close to infanticide as can be managed. Banning the method saves no babies, and Roe is unscathed. Nevertheless, this is a momentous day. The New Hampshire legislature, for the first time since NH's 19th-century abortion laws were repealed a few years ago, has said "no" to one abortion method.
A bill to collect abortion statistics (HB 1680) was amended and attenuated to the point where it now sets up a committee to study how to collect the stats. The House passed it, and the Senate today adopted it on a voice vote.
Three other bills fared less well in the Senate today, but got further this year than could have been hoped in earlier sessions. Women's Right to Know (HB 1659, with a 24-hour waiting period before abortion) was killed by the Senate, but just hours later the House attached it as a nongermane amendment to another bill. That was fun. Not sure how the Senators will feel having it tossed back at them, but we'll see. HB 1660, to stop abortions after 20 weeks of pregnancy, went to interim study. HB 228, the funding bill, was tabled.
Of course, WMUR tweeted "Senate blocks House-passed abortion bills." No tweets about the passage of the partial-birth ban. New Hampshire's news leader, I'm told ...
Governor Lynch should weigh in on the two successful bills shortly. Place your bets.
The NH Senate passed HB 1679 today on a straight party-line vote, agreeing with the House that it is not a good idea for New Hampshire to put out the welcome mat for practitioners who want to do late-term abortions by the "partial-birth" method, also known as D&X. Partial-birth abortion is as close to infanticide as can be managed. Banning the method saves no babies, and Roe is unscathed. Nevertheless, this is a momentous day. The New Hampshire legislature, for the first time since NH's 19th-century abortion laws were repealed a few years ago, has said "no" to one abortion method.
A bill to collect abortion statistics (HB 1680) was amended and attenuated to the point where it now sets up a committee to study how to collect the stats. The House passed it, and the Senate today adopted it on a voice vote.
Three other bills fared less well in the Senate today, but got further this year than could have been hoped in earlier sessions. Women's Right to Know (HB 1659, with a 24-hour waiting period before abortion) was killed by the Senate, but just hours later the House attached it as a nongermane amendment to another bill. That was fun. Not sure how the Senators will feel having it tossed back at them, but we'll see. HB 1660, to stop abortions after 20 weeks of pregnancy, went to interim study. HB 228, the funding bill, was tabled.
Of course, WMUR tweeted "Senate blocks House-passed abortion bills." No tweets about the passage of the partial-birth ban. New Hampshire's news leader, I'm told ...
Governor Lynch should weigh in on the two successful bills shortly. Place your bets.
Tuesday, April 24, 2012
Funding Vote Tomorrow: Any "Choice" Here?
Live and let live? Promote choice? Sure. Let's start by saying that while abortion is legal, taxpayers shouldn't foot the bill for it. We'll see tomorrow if at least 13 senators can get behind that.
Whatever tomorrow's outcome, HB 228 has been a triumph.
Whatever tomorrow's outcome, HB 228 has been a triumph.
40 Days of Prayer? Bring It On
Here's one for the annals of creative protest: Six Rivers Planned Parenthood of Eureka, California is having "40 Days of Prayer" hosted by "Clergy for Choice" (see details) in response to the nationwide success of the "40 Days for Life" campaigns (about which more here).
Pro-lifers on Twitter & Facebook have expressed dismay at this effort. I say bring it on. Prayer in my experience is a powerful and unpredictable phenomenon. The results are not always what the petitioner intends. And if the California event gets some pro-lifers indignant enough to get involved in the next 40 Days for Life campaign, so much the better.
Pro-lifers on Twitter & Facebook have expressed dismay at this effort. I say bring it on. Prayer in my experience is a powerful and unpredictable phenomenon. The results are not always what the petitioner intends. And if the California event gets some pro-lifers indignant enough to get involved in the next 40 Days for Life campaign, so much the better.
Monday, April 23, 2012
Dominick's Law: Hearing Thursday in Concord
"Should the legislature find the result in this case as unfortunate
as we do, it should follow the lead of many other states and revisit the
homicide statutes as they pertain to a fetus."
That's the New Hampshire Supreme Court talking. The legislature might be listening. We'll find out as HB 217 makes its way to the state senate's Judiciary committee this week.
That's the New Hampshire Supreme Court talking. The legislature might be listening. We'll find out as HB 217 makes its way to the state senate's Judiciary committee this week.
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