Even with House passage, measure is unlikely to become law
By Alan Fram
Associated Press
WASHINGTON (AP) - Republicans predicted House passage Wednesday of a late-term abortion ban after dropping rape provisions that angered female GOP lawmakers and forced party leaders into an embarrassing retreat.
In January, Republican leaders abruptly postponed a vote on the legislation, which exempted rape victims from the prohibition only if they'd reported the assault to police. After months of negotiations among anti-abortion groups, GOP leaders and female lawmakers, the new bill instead requires women to receive medical care or counseling at least 48 hours before an abortion.
Republican women and moderates had objected that the initial bill clamped harsh requirements on women making stressful decisions and could make the GOP seem callous even as it woos female voters for the 2016 elections.
"This has a much less punitive substance to it," said Rep. Jackie Walorski, R-Ind., who said she'd now support the legislation. "It's important that when we look at the care of women who are in crisis, that we make sure they're totally taken care of."
In a step aimed at winning support from anti-abortion lawmakers, the revamped measure also has new protections for unborn babies.
If an abortion doctor believes the fetus could survive outside the womb, a second, neonatal doctor must be present to care for it, including taking it to a hospital. Women would also have to sign consent forms describing the fetus' age and the steps to be taken to save its life.
Even with House passage, the measure is unlikely to become law. Its fate is uncertain in the more moderate Senate and President Barack Obama would be likely to veto it, leaving it chiefly a way for the GOP to underscore its backing for the anti-abortion goals of some of its most ardent supporters.
The January delay was particularly awkward for GOP leaders because that vote was timed to occur during the annual March for Life by abortion opponents who flock to Washington annually for the event. Wednesday's vote came on the second anniversary of the murder conviction of Kermit Gosnell, a Pennsylvania abortion doctor, in the deaths of three babies killed with scissors after delivery.
Republicans named the legislation, which prohibits most abortions starting with the 20th week of pregnancy, the Pain Capable Unborn Child Protection Act.
"It's time to open our eyes and allow our consciences to catch up with our technology," said Rep. Trent Franks, R-Ariz., the bill's chief sponsor.
Abortion rights advocates say the measure violates women's privacy and dispute the contention that fetuses at that stage can experience pain.
"You want to talk about pain? Let's talk about the agony of a woman who's raped and again violated by unnecessary government intrusion," said Rep. Lois Frankel, D-Fla.
The 1973 Supreme Court Roe v. Wade decision established a constitutional right to abortion but allowed states to bar the procedure after viability - the point where the fetus could survive if born. Disputes over when viability is reached have provoked numerous legislative battles ever since.
Forty-two states bar abortions after certain points in pregnancies, including 10 with bans at 20 weeks, according to the Guttmacher Institute, a research group that supports access to abortion.
Statistics from the federal Centers for Disease Control and Prevention show that of 730,000 abortions in 2011, 1.4 percent - or about 10,000 - were performed after 20 weeks of pregnancy.
As with the original bill, the new measure permits abortions for minors who were victims of incest if the assault is reported to police or government agencies serving targets of child abuse. It allows no exemption for adult victims of incest.
Doctors performing banned abortions would face imprisonment of up to five years plus fines. People could also bring civil actions against doctors who violate the measure's requirements.
Published: Thu, May 14, 2015
