06/2006

On its way to Blanco’s (a Democrat, by the way) desk, who has professed she will sign it (a Schlafly, by the way).

You can find some decent news coverage of it simply by typing “Louisiana anti-abortion bill” into Google. I had collected a bunch of nice links for you but my computer crashed so you get a much shorter post this time.

The bill is a trigger bill — that is, it will only go into effect in the case that Roe v. Wade is overturned. This was a smart political manuever on Louisiana’s part. First, there are a lot of people who are really sincerely under the impression that Roe v. Wade will never be overturned — so what’s all the fuss about this? Why fight it? The fact is, there are currently 10 states pushing to pass anti-abortion laws, and while some of them are doing it to draw fringe voters in an election year, they are also doing it because there is a new hope. That is, there is Roberts and Alito. This isn’t happening in a vacuum, people.

Secondly, whatever state (currently, it’s looking like SD) becomes the test case for Roe v. Wade is going to require a lot of funds and public support. Louisiana has neither. Or, while they may have public support, they are missing their public currently, living in Texas, cruise liners, or shacks as they are.

The actual bill is SB 33, submitted by Senators Nevers, Ellington, B. Gautreaux, N. Gautreaux, Mount, Romero and Schelder. SB 33 provides an exception to save the life of the mother only — there is no health exception. (Note: Federal Medicaid standards requires an exception for the health of the mother in order for a state to receive Medicaid funds. The bill addresses this, and proclaims it would rather cease receiving Medicaid funds. That is, to save unborn children, Louisiana would be willing to let its impoverished populace — of which there are many — go without medical care. Talk about morals, huh?). Some articles that were voted down:

(3) The physician terminates a pregnancy which is the result of rape as

13 defined in either R.S. 14:42, R.S. 14:42.1, or R.S. 14:43 and in which all of the

14 following requirements are met prior to the pregnancy termination:

15 (a) The rape victim obtains a physical examination and/or treatment from a

16 physician other than the physician who is to terminate the pregnancy within five days

17 of the rape to determine whether she was pregnant prior to the rape and to prevent

18 pregnancy and venereal disease, unless the rape victim is incapacitated to such a

19 degree that she is unable to obtain this examination. If the victim is unable to obtain

20 the examination due to such incapacity, then an examination shall be performed

21 within five days after the incapacity is removed; and

22 (b) The rape victim reports the rape to law enforcement officials within

23 seven days of the rape unless the victim is incapacitated to such a degree that she is

24 unable to report the rape. If the victim is unable to report the rape due to such

25 incapacity, then a report shall be made within seven days after the incapacity is

26 removed; and

27 (c) The abortion is performed within thirteen weeks of conception.

28 (4) The physician terminates a pregnancy which is the result of incest as

29 defined in R.S. 14:78, provided the crime is reported to law enforcement officials

and the abortion is performed within thirteen weeks of conception.

2 C.(1) Prior to the performance of any abortion under Subsection (B)(3) or

3 (B)(4) of this Section, the physician who is to perform the abortion shall obtain from

4 the victim a statement in writing verifying that she has obtained the physical

5 examination and shall obtain written verification by a law enforcement official that

6 the victim reported the rape to law enforcement officials as required under this

7 Section.

8 (2) Every physician who conducts a physical examination of a rape victim

9 within five days of the rape shall immediately, upon written request of either the

10 victim or the physician who is to perform the abortion on the victim, provide to the

11 victim or the requesting physician written verification of his examination.

12 (3) Every law enforcement official who receives a report of a rape victim

13 within seven days of the rape or receives a report of incest shall immediately, upon

14 written request of either the victim or the physician who is to perform the abortion,

15 provide to the victim or requesting physician written verification of the report which

16 was made to the official.

Under SB 33, doctors who perform abortive procedures shall be sentenced to ten years hard labor.

There’s also HB 132, submitted by Representative Burns. (Please note: I know it is a legal term, but “representative” is being stretched pretty thin here, as the inset picture to this article illustrates. Representative of whom?)

This one allows a rape and incest clause, provided the woman files a criminal complaint with the authorities and undergoes an examination by a doctor to determine she was not pregnant before the rape. To perform the abortion, the doctor would require a written note from the police. Ten years hard labor for the doctor who performs an abortion not to save the life of the mother or on a rape and incest victim (with a note from her friendly neighborhood cop saying it’s okay).

There is no exception for the health of the mother.

HB 132 was voted down. Not tough enough!

Back to SB 33. Rep. DeWitt attempted to add exceptions to rape and incest victims. Voted down 67-36.

I’m a little unclear on the rape and incest exception, as some newspaper articles are claiming that rape and incest victims may be allowed to use emergency contraception within 72 hours of the attack, but would not be allowed to receive abortive services afterward. I couldn’t find that in the bill, but I may not have the version that passed. In any case, if this is true, there are two amendments pertaining to this that were voted down:

1) That doctors, hospitals, and/or emergency rooms be required to provide information (not prescriptions) on emergency contraception to rape and inecst victims

2) That pharmacists be allowed (not forced) to dispense RU486 to rape and incest victims.

Please note: Louisiana has a conscience clause, meaning a pharmacist may refuse to dispense RU486 to a rape victim who has a 72 hour window to prevent pregnancy.

Please also note: Lousiana has two Planned Parenthoods which will most assuredly and cheaply offer RU486. They are located in New Orleans and Baton Rouge. Better hope you can get there in 72 hours.

As per the punishment for physicians: all of the potential bills and the bill that finally passed note that none of the criminal punishments pertain to the woman who sought the abortion. While this makes no legal and ethical sense — she is at least as responsible for the abortion as her doctor — it makes good political sense. Public approval tanks once women start to go to jail for obtaining abortions. However, as the New York Times points out, this creates a neat little legal loophole: would a woman who performs an abortion on herself be as liable as her physician? Does this mean self-induced abortions (of the rusty hanger variety) are technically legal? Not really. Again, it’s a political manuever. Nobody wants to see the woman who just spent the last month hemorraghing and is now infertile for life sent to ten years hard labor, so she just gets to live in a legal grey area, hardly discussed. But, in practice, it does mean that if Roe v. Wade is ever overturned, Louisiana would do well to start stocking up on more hospital beds, as a lot of women will be coming in after “falling on ice skates” or “tripping over a fence.”