Roundup: If Crist Vetos Mandatory Ultrasounds, Does It Even Matter?

May 11, 2010, 8:59am

Robin Marty

Supposed the Florida governor vetoes the mandatory ultrasound bill -- will it just keep returning like "Groundhog's Day?"

Supporters on both sides are pushing even harder on Florida Governor Charlie Crist regarding the latest abortion bill to make it through the legislature. The bill, which requires a mandatory ultrasound and prohibits any public funds from being used in abortions, is seen by many as yet another attempt to get legislation in front of the Supreme Court. But some in Florida think it doesn’t matter much whether Crist vetoes the bill or not: this will just keep playing itself out over and over again.

Whether Gov. Charlie Crist vetoes a controversial abortion bill or not, it might not really matter.

If he signs it, the bill would almost certainly be headed for the courts. If he vetoes it – as he is hinting he might – the Legislature could pass it again next year.

And with a new makeup on the U.S. Supreme Court, the law’s fate could rest with one “swing” justice, Anthony Kennedy, who often casts the deciding vote in decisions.

“I think it’s unconstitutional,” said Fletcher Baldwin, a constitutional law expert and professor emeritus at the University of Florida. Baldwin said he believes the bill is an effort to get the Supreme Court to reconsider Roe vs. Wade, the landmark case that established abortion rights.

“The only justice you’re really talking to is Justice Kennedy,” he said.

Crist has been getting an earful from his constituents, most of who support his possible leanings towards a veto, even if that does mean the bill will just keep coming back.

Crist spokeswoman Jessica Freud said as of Thursday about 7,800 people had contacted the governor, with nearly 70 percent asking for a veto.

Crist said last week that he had “serious concerns” about the bill.

Still, Baldwin said that even if Crist vetoes the bill, he expects to see it come back in the Legislature.

“They’re going to keep bringing it back,” he said, “until hell freezes over.”

But even the Republicans are starting to realize that the mandatory ultrasound part of the bill isn’t much of a winner for them with the public. Instead, they are pushing other aspects of the bill at Crist to try and convince him to sign the legislation into law.

Unlike some social conservative groups like the Florida Family Policy Council and Florida Right to Life, the House Republicans are playing up the public funding aspect and not the ultrasounds in their most recent release.

“This bill extends a long-standing policy of our nation and our state prohibiting tax dollars being used to fund elective abortions,” said Rep. Kelli Stargel of Lakeland in a statement released by the House Majority Office on Monday afternoon. “Whether you are pro-choice or pro-life, taking money from the pockets of Floridians to fund abortions should not be the policy in our state, and I urge the governor to sign this bill.”

It’s not surprising that they are downplaying the mandatory ultrasound in their appeal. Legislating forced medical examinations without real justification just doesn’t appeal the the vast majority of people, as this USA Today op ed explains.

Supporters of the law say they simply want to give women a choice, hoping that seeing an ultrasound will make women decide against abortion. No doubt they’re sincere. They want to protect the fetus. But using government power to require unwanted, unnecessary medical procedures goes way beyond acceptable limits in any context.

Oklahoma law already requires that women considering abortion be told about ultrasounds (a sensible requirement), and no one has explained why more is needed. States don’t prescribe the tests cancer patients must have, or what doctors must say to them. The government leaves that to the medical profession, where it belongs.

Laws to restrict abortions come in waves, and this year’s wave is huge. Last week, Florida passed a measure similar to Oklahoma’s. Ten more states are considering ultrasound mandates. And a new Nebraska law bans almost all abortions at or after 20 weeks — setting up a likely challenge to Roe v. Wade. Such abortions are already extremely rare.

Meanwhile, the existing welter of restrictions — on top of harassment — has made abortions almost unattainable in some states. South Dakota and Mississippi have just one provider each. Some women must travel hundreds of miles and stay overnight because of waiting periods. Oklahoma is simply adding to the burden in a new, dubious, expensive way.

If the motive is to encourage women to have their babies, Oklahoma could find better ways than ordering unneeded medical tests. It could, for instance, help teens who make that choice. But last year, state lawmakers killed programs that provided prenatal care to teens and health care to their babies at public schools. All to save $140,000. This year, a bill to mandate sex education in schools couldn’t even get a hearing.

No one expects abortion foes to abandon their beliefs, but forcing those beliefs on women who have decided on abortion goes way beyond fair compromise on a procedure that is a legal right.

Mini Roundup: The eight Canadian students who refused to turn their anti-abortion protest display around to face inward at the University of Calgary’s request have been charged with non-academic misconduct. Rather than expulsion, they simply received written warnings. Of course the students still believe they are being treated unfairly.

May 10, 2010

Saltonstall withdraws from race to succeed Rep. Stupak – The Detroit News

Much remains at La. legislative session midpoint – BusinessWeek

U of Calgary students warned over anti-abortion display – Toronto Star

Saltonstall drops out of race for Stupak seat – Detroit Free Press

Protesting Okla Anti-Abortion Bills – KRMG

Abortion debate could continue, even with Crist’s decision – Florida Times-Union

Health care reform: A victory for life and human dignity – Washington Post

Election 2010: Lincoln, Garrard and Boyle voters to pick Senate nominees in … – Danville Advocate

Feminist Candidate Drops Out of Race for Stupak Seat – Ms. Magazine

Anti-abortion display was misconduct: university – CBC.ca

Ultrasound mandates in abortions cross a line – USA Today