partial-birth abortion

Here’s something that occurred to me yesterday, when the Michigan House of Representatives passed what is really an anti-abortion bill. Consider probably the two most controversial U.S. Supreme Court decisions in modern history.

Roe vs. Wade, which said that women have a constitutional right of privacy to abortion, and two more recent cases, District of Columbia vs. Heller and McDonald vs. Chicago, which established that individuals have a constitutional right to own and carry a gun.

Photo courtesy of the Snyder Administration

Governor Snyder has signed the state's partial birth abortion ban into law. Senate Majority Floor Leader Arlan Meekhof sponsored Senate Bill 160 that, "outlaws the practice of partial birth abortion in Michigan, unless determined necessary to save the life of the mother. The law was modeled after the federal Partial Birth Abortion Ban Act of 2003, which was upheld by the U.S. Supreme Court," the Holland Sentinel reports.

From The Associated Press:

The approval from the Republican governor, which was expected, could end more than a decade of efforts by anti-abortion activists to get the ban added to state law. Previous attempts were rejected by courts or vetoed by then-Democrat Gov. Jennifer Granholm.

Supporters of the Michigan bill say it should survive a legal challenge this time because it mirrors the federal ban. They argue it was important to include a ban in Michigan in case the federal law changes.

Opponents say the federal ban makes the state proposal redundant and unnecessary. Some opponents of the Michigan measure have said it may be vulnerable to legal challenge.

The outlawed procedure typically is used to end pregnancies in the second and third trimesters and involves partially removing the fetus intact from a woman's uterus and then crushing or cutting its skull to complete the abortion.

Granholm vetoed a similar bill in 2008. She also vetoed a bill in 2004, but hundreds of thousands of voters signed petitions that allowed the bill to become law with only the approval of the Legislature. Federal courts later declared that ban unconstitutional, however, because it also could have prohibited other abortion procedures.

A Michigan law from the 1990s also was eventually overturned by federal courts.

In a statement released today, the Governor said, "the people of Michigan have repeatedly spoken on this issue and this legislation reaffirms the value of human life.  It also brings Michigan in line with federal law... I want to thank state Sen. Arlan Meekhof and state Rep. Ben Glardon for their leadership on this issue.”

user: Matt Katzenberger / Flickr

So far, this session of the Michigan legislature has been busy. Governor Snyder is expected to sign legislation that creates a state ban on dilation and extraction abortions despite there already being a federal ban. We’ve seen a proposal to block foreign laws from being used in Michigan. And there’s a proposal that would allow Michigan companies to produce incandescent light bulbs. That’s despite a federal ban and despite the fact that no Michigan companies currently produce incandescent light bulbs.

A bill to enact a state ban on a controversial abortion procedure is on its way to Governor Rick Snyder for his signature. The procedure is already illegal under federal law, and the governor has gone on record saying he’d rather avoid controversial social questions while he focuses on a jobs-creation strategy.

At the state Capitol, the House and the Senate have approved separate measures that would ban a controversial abortion procedure that’s already illegal under federal law. Both bills were approved by commanding majorities.

Democratic state Representative Jimmy Womack is also a minister and a doctor. He was a “no” vote.

The state Legislature is expected to vote tomorrow to ban a controversial abortion procedure performed after 21 weeks of pregnancy.

“Dilation and extraction,” or “partial birth abortion,” as it’s called by opponents has been illegal in the U.S. since 2003.

Republican state Senator Geoff Hansen says the proposals in the Legislature would help ensure the procedure remains illegal in Michigan, no matter what.

“We want to make sure that our attorney general has every tool that he needs to make sure that we don’t have this practice happening in Michigan,” said Hansen.

Senate Majority Leader Randy Richardville says passing the same ban at the state level will cement Michigan’s stand on the procedure.

"It’s kind of an insurance policy, if you will, but also strengthens our resolve that this is something wrong that needs to be addressed wherever it’s found in the state of Michigan," said Richardville. "It’s a responsible bill that tells the citizens of Michigan that we’re concerned about partial-birth abortion, and we’ll do everything we can to stop it from happening in this state."

The proposed ban is set for votes this week in the state House and Senate.

The votes will likely come just before the anti-abortion group "Right to Life of Michigan" has a conference in Lansing this weekend. The group is expecting an update on the status of the proposed ban from one of the Senate sponsors.

A state House committee could vote this week to outlaw a procedure critics call partial-birth abortion.
  
Similar efforts to ban the procedure in Michigan have failed in the past. Two bills were vetoed, and three laws that were enacted were struck down by the courts.
 
But that was before the U.S. Supreme Court upheld the federal ban on the procedure in 2007. Ed Rivet of Right to Life of Michigan says this time around, he expects less of a fight.