Friday, January 16, 2009

Arkansas Partial Birth Abortion Ban Bill Filed Today (UPDATE from Ark Right to Life)

Rep. Dawn Creekmore filed HB1113 today that would ban partial birth abortion in Arkansas. The bill was immediately referred to the House Public Health, Welfare, and Labor Committee. The Arkansas legislature voted to ban this procedure back in 1997 with Act 984, signed into law by then Gov. Mike Huckabee. However, in 1998, the Federal 8th Court of Appeals stuck down this law as unconstitutional saying that the act “places an undue burden on the right of a woman to decide whether to have an abortion.” Another attempt is now being made to ban this barbaric procedure in Arkansas following the 2007 Supreme Court ruling upholding the Federal Ban on Partial Birth Abortion.

This will certainly be one the key bills that the Tolbert Report will be following during this session. The Partial Birth Bill easily passed in 1997 and the current bill already has a bipartisan group of fifteen sponsors in the House and six sponsors in the Senate. Hopefully this will translate to a successful passage of the bill. But we will certainly be watching this one closely.

UPDATE – Rose Mimms, Director of Arkansas Right to Life, let me know that they held a press conference today at the state capital to support the victims of abortion and to announce the filing of the bill. She said that part of the reason that the state ban is needed is that the federal partial birth abortion ban may be repealed by the new Presidential administration and that a state law will allow county or state official to enforce the ban rather than having to rely solely on federal prosecutors.

“We expect that the pro-life policies of President Bush will end immediately by executive order and that the Freedom of Choice legislation to ensure unrestricted, unlimited abortion at taxpayer expense will be a priority,” Mimms said. “This morning, Rep. Dawn Creekmore filed the 2009 Partial-Birth Abortion Ban Act. The passage of this bill together with the federal ban, we can protect defenseless babies in Arkansas from this horrible abortion death.”

Mimms also asked that I remind readers that “this Sunday January 18th at 2:00 p.m. at Capitol & Louisiana Streets in downtown Little Rock, Arkansas Right to Life will hold our annual March for Life, a public memorial service to remember those who have died and those who have been hurt by abortion.”

UPDATE II - Rep. Ann Clemmer of Bryant, co-sponsor of the bill, said, "Abortion is the great tragedy of our generation, thousands of young women have been deceived into accepting this 'choice' and have paid the terrible consequences. Partial birth abortion has no justification, except to save the LIFE of the mother. It goes beyond any practice that ought to be acceptable to a civilized people."


Smaug71953 said...

How many times has this procedure been performed in Arkansas? Can you explain your bias in describing this "barbaric" operation in this forum? If you are not going to objectively evaluate legislation, then what are you doing?

I would propose a constitutional amendment to the state constitution making legislators who introduce this sort of legislation which will be struck down by federal courts personally liable for all court costs financially, and make them a felon with no political privileges for a period of not less than ten years. Introducing a bill to reintroduce already struck down attempts should be a mandatory Class Y felony.

Jason Tolbert, CPA said...

Smaug71953, first on all, welcome to the Tolbert Report. You must be new to my blog if you think I am objective. I am not. If you read the bottom of this page, you will see that I am "a Conservative Pro-life Activist" which is the perspective from which I write.

Second, partial birth abortion is the "barbaric" procedure of delivering almost every part of a baby expect for the baby's head. Then, the skull is pierced with a knife and a tube is inserted into the back of the baby's head and its brain is sucked out through a tube. Once this kills the baby, the rest of dead baby is delivered. In what world would doing this to an innocent baby not be considered barbaric!

And finally, as to you comment on the courts, maybe you have a point. In fact, perhaps we should completely disband the legislators in all state plus U.S. Congress and allow the liberals court system to make the laws instead. This would cut out the charade we currently have of making us feel like we live in a representative democracy.

Chris said...

I think the question of how many times this has ever been performed in Arkansas is still left unanswered. Are pregnant women lining up around the corner to have fetuses ripped out of them?

Or are women making sound medical decisions in late term pregnancy in consultations with their doctors?

Jason Tolbert, CPA said...

The bill would prevent "women lining up around the corner to have fetuses (which are babies) ripped out of them." I don't think we should wait until this happens to enact the legislation to prevent this from happening in the first place.

Smaug71953 said...

Good to see that reTHUGLICANs who are the enemy of democracy enjoy using fundamental rights they oppose to express their anti-American, Satanic ideology. I see nothing whatsoever Christian in reTHUGLICAN ideology. In fact, reTHUGLICANs are more anti-American and inhuman than their mirror image, Islamic fundamentalists. Want to see Osama bin Forgotten, reTHUG? LOOK in the mirror!

There have been no documented instances of partial birth abortion in Arkansas. It is a desperate, emergency operation, as all abortion should be. However, that is a medical decision. When religious bigots get involved (may you all burn in your hell) they should be beaten to their knees. Jailed in Guantanamo for the rest of their lives. Enjoying the "hazing" as Rush the draft dodging, drug addicted boy toy sex tourist says. Bluntly, I've seen reTHUGLICANs turn my country into Stalinist Russia, and I and most other Democratic veterans want some serious payback.

Think SERE.

Vires in Medius said...

Chris, according to Center for Health Statistics, Arkansas Department of Health and Human Services - August 29, 2007 there were 35 abortions performed where the fetus was 5 months old or older and the method was probably Dilation and Evacuation. I think the key thing here is why doctors choose D&E or the less common Partial Birth.

The reason is not for the safety of the mother but to reduce the risk that a live baby is born. ""Legally, under the laws of virtually every state and under federal law, once a human is all the way outside the mother and draws breath, or shows other signs of life such as heartbeat or movement of voluntary muscles, a live birth has occurred, and all the protections of law attach — whether or not the baby is “viable” (capable of long-term survival)."" Quote by Douglas Johnson

In D&E a long toothed clamp is used to grab parts of the fetus (keep in mind the fetus has a beating heart) and pull/rip/cut the parts (arms/legs/etc.) and pull them out the birth canal. I know this is barbaric. Here is a diagram in case you need a visual to see how barbaric it is.

If the baby is acidentally pulled out of the birth canal it is considered a live human being. It's barbaric that our society has come to the weird legal situation where you can kill a fetus in the womb but not outside the womb.