The Politics of Viability - Granite Grok

The Politics of Viability

Most States have Fetal Homicide laws
Most States have Fetal Homicide laws

On June 15, a Committee of Conference on SB 40 met at the NH State House.  This Committee met to look at Fetal Homicide bill, SB 40.  In a nutshell, the House recently passed HB 560 which offered families the ability to seek justice in the NH court system for a preborn (beginning at eight weeks) killed during a criminal act.  Abortion was specifically exempted in this bill.

Meanwhile, the NH State Senate passed SB 40 which contained the following “viability” requirement: “sustained extrauterine survival”.  Americans United for Life offered the following testimony at the SB 40 Senate hearing,

“Limiting the protections in this bill to viable unborn children, particularly when viability is defined in a vague and narrow manner, would serve a great injustice to many unborn victims of violence and their families.” 

As written, SB 40 is a nightmare bill for parents seeking justice and closure for the loss of their loved one.  Those three words on viability hold no opportunity for justice, just more misery for the families involved.

When SB 40 passed to the NH House, the bill was amended to mirror HB 560, with the eight week provision. The NH State Senate did not take kindly to the House amending their bill.  As such, they have refused to back down from the original but horrifyingly poor viability language.  One of the Senate sponsors (Senate sponsors also included Bradley, Carson, and Avard), Sen. Regina Birdsall told yours truly,

“The Senate will never vote for the amended language.  The House should not have amended the bill.”

Why is that?  Because no one should ever amend a Senate Bill?  Is this what she is saying?  (Interestingly enough, Sen. Birdsall voted in the NH State House LAST SESSION for a Fetal Homicide bill which did not hold any viability language.  The NH State Senate does strange things to people, it seems.)

Now, SB 40 finds itself in this Committee of Conference which has members from both the House and Senate debating the bill.  Here is where the “Business of Politics” rears its ugly head and gives us some important lessons from which to learn.

Representatives Leon Rideout and John Burt both discussed the necessity to have NH join the 38 other states who currently have Fetal Homicide bills on the books,

“I have still not found anyone that can explain the definition of ‘extrauterine viability’…It is language a lawyer can pick apart…We are trying to get to a place where there is justice for families…I don’t see it as justice for the families to have to sit through this kind of court battle,” says Rep. Rideout.

In reply, Senator Carson then states,

“…the Senate is not going to move off its position…we retained the amended version for the 8 weeks language in the fetal homicide bill.” 

Then Senator Bradley chimed in,

“…one thing that I do know, when we say that moving off the Senate position, I know there are not the votes…I know the proof of that and so people maybe find that troubling…and that is what is driving this…”. 

So, in Senator Carson and Bradley’s minds, it is all about the VOTES.  NOT FIGHTING FOR GOOD LEGISLATION.  (Could the fact they sponsored the original SB 40 be a reason why they have dug themselves in against the much improved House wording? Hmmm…)

Yes, the lessons learned at this committee hearing were troubling.  Lesson One – It is the VOTES that drive policy – NOT the principled stand of what IS the best policy for New Hampshire.  Okay, got it.

Rep. Tholl (Chair of Criminal Justice in NH House), who is also on this committee, is standing with Sen. Carson and Bradley.  While these elected officials banter about “justice”, they are actually advocating putting these distraught families through the debacle of an ugly court battle without any real chance for justice.  “Sustained extrauterine survival” will never be proven in a court of law.  And, THESE SENATORS KNOW THIS.  But, one has to stick with the “team”, don’t you know.  Even if the “team” is promoting poor legislation to its citizenry.

At the end of this discussion, Sen. Carson, who was not the least bit amused at this Committee of Conference meeting, spoke with Rep. Burt.  Rep. Burt had suggested the Senate do a roll call vote on SB 40.  The response from Sen. Carson was a cold one.

Sen. Carson: “Representative, we don’t threaten our Senators like that in our house.” 

Rep. Burt: “It’s not a threat, it is to show the voters.” 

Sen. Carson:“No, it IS a threat.  You may threaten over in your House, but we don’t threaten in ours.”

Really?  A Roll Call Vote is “threatening”?  Good to know.  Lesson Two – DO NOT ROLL CALL IN THE NH SENATE, WHENEVER POSSIBLE.  It is “threatening”.  Because, God forbid constituents know how you voted in the NH State Senate, right?

This should upset you, folks.  When the next election cycle comes around, you need to remember these two lessons and vote accordingly.  The NH State Senate is an entitled, insulated group which will do anything it can to fend off transparency and accountability to its constituents.  This elitist attitude serves only itself.  We need to hold them to their voting records.  But, if there are no roll calls, or not enough roll calls, there is NO record.  They like that.  They will fight for that.  How about you?

Get involved.  Get active.  Because if we do not get into this “game”, we stand to lose any control we have as voters here in the Granite State.  I have always believed state politics is more important than federal politics.  State’s rights can hold bad federal policies at bay.  Once we lose control of our state politics, it is game over.  The stakes have never been so high.  The Business of Politics needs to be shut down.  And we can do this at the ballot box next election cycle.  I will be there.  How about you?

Jane Cormier is a former member of the NH House of Representatives and President of NHRTL.  You can contact her at:  jane4newhampshire@gmail.com

 

 

 

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