PA H.B. 818 Passage Reveals Sobering Reality

From Mike McMonagle, President
Pro-Life Coalition of Pa.

1.  Pa. Senate Passes H.B. 818 31-19 After Narrowly Defeating Two Pro-Abortion Amendments

On June 5, 2013, the Pa. Senate passed H.B.818 by a vote of 31-19.  On June 4, 2013, the Pa. Senate defeated two gutting amendments, Schwank 26-24, and Vance 27-23.  The following is a record of the votes of our Pa. Senators for all three votes. 

We should rejoice that this legislation(which Gov. Corbett has indicated that he is likely to sign) will significantly mitigate the pro-abortion harms of Obamacare, but, we should abbreviate our rejoicing and renew our efforts to pass an affirmative pro-life agenda during the 2013-2014 term. (I describe the further need for and the possible content of this agenda further on in this writing.)

2.  The Substance of These Amendments

Before I discuss the substance of these amendments, I review their political purpose. That purpose was to defeat the bill.  The supporters of these amendments realized that the Pa. House would never agree to them and, therefore, H.B. 818 would die if any of these amendments passed.

A. The "Schwank Amendment" created a"medical emergency" exception in H.B 818.  Sen. Schwank argued that since the Abortion Control Act had a "medical emergency" exception for the informed consent and parental consent provisions that such an exception should be in H.B 818.

Her reasoning created a false comparison.  There are no medical emergencies over the timeliness of a payment for an abortion from a government agency or an insurance company.

B. The "Vance Amendment" stated that those restrictions would not apply to totally private plans on the exchange.  The substantive arguments against the "Vance Amendment" were:

1.  There are no totally private plans on Obamacare exchanges, since they all receive government subsidies for their administrative costs.

2.  The federal Obamacare legislation does not allow states to make a "private plan" adjustment.  This legislation only allows states to say yes or no to abortion funding restrictions for insurance plans on the state exchanges.  Thus, federal courts would very likely strike down H.B. 818 if it had been passed with the "Vance Amendment".

3.  The Heroes,Villains, Confused, Etc.

Heroes

Two Southwest Democrats

Two Democrat Senators voted totally pro-life on all three of these votes.  They were Richard Kasunic and Tim Solobay, both of whom are from Southwest Pa.  They remained true to their pro-life beliefs and resisted the pressure from their Democrat leader, Sen. Jay Costa.  They deserve expressions of gratitude from all Pennsylvanians, especially those who live in their district.

Five Southeast Republicans

The secular media promotes a false image that suburban Philadelphia is a hotbed of "pro-choice sentiment".  Yet, voters in these districts have repeatedly elected Pa. Senators with pro-life records.  They include Ted Erickson, Stewart Greenleaf, Dominic Pileggi, John Rafferty and Tommy Tomlinson.  They deserve multiple expressions of support from their constituents.

TheVillains

The lead villain is Sen. John Wozniak from the Johnstown area.  He not only voted pro-abortion on the two weakening amendments, he also urged other Democrat Senators with pro-life records to do so.  Most importantly, he betrayed his position as the Democrat Co-Chair of the Pro-Life Caucus and demonstrated monumental ingratitude to the pro-life organizations and individuals who, at Sen. Wozniak's request, supported him in his narrow 2012 re-election win over a pro-life Republican.  Wozniak received this support because he was an incumbent with a then solidly pro-life record.

Thus, I believe that it is imperative that Sen.Wozniak receive a massive amount of public and private criticism for his pro-abortion votes.  If we allow a Senator from Johnstown, which has the reputation of being the most pro-life area in Pa., to "get away" with voting pro-abortion, then we greatly encourage defections of other "pro-life" public officials in our state.  Thus, I welcome the opportunity to work with pro-life citizens, both constituents and non-constituents, to respond to Wozniak's pro-abortion votes through public protests and other activities.

The other villain is Sen. Jay Costa from Pittsburgh who led the opposition to H.B. 818. No pro-life organization should ever again label him "pro-life".

The Confused Republicans

There were two Republicans with strongly pro-life records who voted for the Vance Amendment, i.e., Sens. Bob Mensch and Gene Yaw.  I have not yet learned of their rationale for these votes.

Sen. Mensch's vote is particularly perplexing.  He has taken a totally pro-life position.  He also led the fight (against Sen. Vance) for a strong abortion facility regulations bill in June 2011 at the urging of me and other Pa. pro-life leaders.  Meanwhile, he has co-sponsored and continues to co-sponsor other pro-life bills.  I have scheduled a meeting with him in the near future (I live in his districtand it covers parts of Montgomery, Bucks, Lehigh and Northampton Counties) to learn the reasons for this vote.

Sen. Yaw is from North Central Pa. and I encourage contact with him from constituents in his district.

The Confused Democrats

Sens. John Blake (Scranton area) and John Yudichak (Wilkes-Barre area) both voted for the Schwank Amendment.  Blake had promised at a May 31, 2013 meeting in Scranton with his constituents to oppose all weakening amendments.

Others

Sen. Jim Brewster from Southwest Pa. who voted for both weakening amendments after voting for H.B. 818 in Committee, deserves the label "conflicted".  He indicated that he cast his votes for these amendments to appease Democrat leaders who were angry with him because he had recently cast a decisive vote with the Republicans to advance a non pro-life bill in the Banking and Insurance Committee.

Sen. Daylin Leach, a hardcore pro-abortion Democrat from the Main Line area of Southeast Pa., deserves the label "consistent" because of his vote against the Vance Amendment.  He cast this vote because this amendment still allowed abortion restrictions in some health insurance plans.  In Sen. Leach's worldview, abortion is a huge civic blessing that is to be promoted and celebrated with no restrictions.

Keeping the Status Quo?

The pro-life movement in Pa. would benefit greatly if pro-life public officials demonstrated the same consistency and zeal for pro-life public policies that Sen. Leach demonstrates for pro-abortion public policies.  Throughout the almost three years of debate on this issue, these officials, in advocating for H.B.818 (and previously S.B. 3), only emphasized that this legislation kept the status quo.  Thus, they forfeited an opportunity to make a public case for life and against abortion.

While we do not want our state's abortion funding restrictions weakened, we also do not want "the status quo",which is approximately 36,000 abortions per year, with some being paid with our tax dollars and abortion committers receiving approximately $8.5 million in state funding, while routinely flouting state laws regarding informed consent, parental consent and child abuse reporting.

The pro-life movement seeks to shatter this status quo.  Then we need to seize every opportunity (such as Obamacare, Gosnell, etc.) and take initiative to make a cogent case against abortion with clarity and conviction.

4.  The Sobering Reality

The closeness of the votes to defeat the gutting amendments to H.B. 818 in the Pa. Senate, confronts us with the sobering reality that the Pa. pro-life movement would currently face much difficultly in passing legislation in the Pa. Senate to restore legal protection to women and children from abortion. We have much work to do, in the near-term and the long-term, to alter this reality.

5.  Our Response

On June 5, 2013, I met with Sen. John Eichelberger, the pro-life leader in the Pa. Senate and he confirmed this reality.  His exact word was that the closeness of these votes indicate that the pro-life majority in the Pa. Senate was "fragile."

I highly endorse his recommended response to this fragility.  He urged that the Pa.pro-life movement seek votes on additional pro-life legislation during this 2013-2014 term and not limit ourselves to being satisfied with the passage of one pro-life bill every two years.

Please remember that from 1989 to 2011, the Pa. General Assembly passed no pro-life abortion-related legislation.  So, the closeness of these votes in the Pa.Senate indicates that the Pa. pro-life movement very much remains "out of shape."  Thus, we should seek to exercise more, not less.

6.  Other Pro-Life Legislative Possibilities

The Priorities Bill

Our most immediate legislative priority should be to pass the "Priorities Bill."  Sad to say, but for three budgets now, the "pro-life" Republican Governor, House and Senate have provided as much funding for abortion-committing organizations, such as Planned Parenthood, as did Gov. Rendell.  This legislation, if passed or placed in the annual Budget, would effectively de-fund these organizations by assigning them the lowest priority to receive state "family planning funds."  Rep. Daryl Metcalfe and Sen. John Eichelberger have committed to soon introduce this legislation.

Meanwhile, we should contact Gov. Corbett and House Reps. Sam Smith and Mike Turzai, House Speaker and Majority Leader respectively, and urge them to make the language of the Priorities Bill part of the 2014 State Budget that is likely to be passed by the end of June 2013.

Admitting Privileges

This legislation should be another consequence of the abortionist Kermit Gosnell scandal.  This legislation (H.B. 1314 in the 2011-2012 term) would require abortionists to have admitting privileges at a local (defined as 30 miles) hospital.  Gosnell had lost his admitting privileges at the two hospitals within a mile of his abortion chamber because of his repeated and flagrant injuries to women.  But, our Pa. Department of Health also ignored that warning.

Approximately five "circuit riding" abortionists (three of whom live outside of Pa.) commit approximately 60% of our state's abortions.  This legislation could significantly reduce the death and destruction caused by these abortionists.  Rep. Bryan Cutler has agreed to be the lead sponsor for such legislation in the Pa. House.

Stopping County Health Departments from Paying for Abortions

The Philadelphia Health Department (PHD) not only failed to inspect Gosnell's abortion chamber, but referred victims to it.  The PHD also proudly pays for abortions in New Jersey for minors to avoid our state's parental consent law.  Gov. Corbett's Administration has refused to act to stop this practice (by withholding state funding for the PHD) and accepted PHD's argument that they pay for these abortions "with their own money."  This argument is very weak because money is fungible.

Sen. John Eichelberger has introduced S.B.275 (with eleven co-sponsors) to outlaw county health departments from paying for abortions.

Ultrasound Access Legislation

Rep. Kathy Rapp, the lead sponsor for this legislation during the 2011-2012 term, has indicated that she plans to re-introduce such legislation in September 2013.

Mitigating the Abortion Industry's Cover-Up of Sexual Assaults Against Minors

After meetings and much correspondence with pro-life attorney, Joe Stanton, and me, Rep. Todd Stephens (the former head of the Sex Crimes Unit in the Montgomery County District Attorney's Office), Rep.Dan Moul, the Vice-Chairman of the Pa. House Children and Youth Committee, andJohn Scarpatto, the Executive Director of this Committee, have agreed to amend H.B. 436, and possibly other legislation being considered based on there commendations of the Child Abuse Prevention Task Force (launched in the wake of the Sandusky Scandal at Penn State University in State College) to ensure that abortion facility personnel make the required reports when they encounter certain pregnant minors.  The Committee has scheduled a voting meeting on June 11, 2013 on this amendment and these bills.

Of course, current state law currently requires that abortion facility personnel make these reports.  But, certain county District Attorneys and Gov. Corbett's DOH find "loopholes" to allow abortion facility personnel to continue violating our state's child abuse reporting laws.  We hope to eliminate the ability of these public officials to find these "loopholes" that allow abortion facilities in Pa. to avoid complying with our child abuse reporting laws.

7.  Lack of Response Continues from Gov. Corbett's Administration

I have written previously on the requests that I and other leaders in Pa.'s pro-life movement made of Gov. Corbett's Administration at a March 4, 2013 meeting with Lt. Gov. Jim Cawley and Sec. Jen Branstetter.  I am again attaching a chart with these requests.  Despite numerous follow-up requests from me and other pro-life leaders, neither Lt. Gov. Cawley nor Sec. Branstetter have yet provided a response to these requests.  In a May 21, 2013 e-mail to me, Sec. Branstetter promised a written response by May 31, 2013, which she has still not provided.

This delay is cause for much pessimism that Gov. Corbett will provide a positive response to our requests.

 

8.  Possible Upcoming Actions

Pro-life leaders and citizens in Pa. should prepare to deliver a cogent and public criticism if Gov. Corbett continues his pro-abortion policies, such as

- providing state funding for abortion committers

- allowing abortion facilities to violate our state's child abuse reporting laws

- granting licenses to abortion facilities without DOH personnel inspecting the abortion facility 

  

NOTE: 

If you would like to be part of above effort, leave a comment below  or contact me via e-mail at pdowling1947@gmail.com and I'll pass this information on to Mike.


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