Republicans Criticize Some Senate Democrats Trying To Block Bill That Would Criminalize Assisting Minors To Skirt State Parental Notification Laws

Some Republicans have criticized some Senate Democrats who used a procedural move to try to block a conference committee from reconciling House and Senate bills that would allow federal charges to be filed against any individual who transports minors across state lines for the purpose of evading state abortion parental notification or consent laws, the Washington Times reports (Fagan, Washington Times, 7/28). Under the Senate version (S 403) of the bill, sponsored by Sen. John Ensign (R-Nev.), people who circumvent state parental notification or consent laws by transporting minors across state lines to undergo an abortion would be subject to a fine or up to one year in prison. The Senate measure includes an exception if an abortion is necessary to save the life of a pregnant minor. The Senate bill also would bar a father who rapes his daughter from suing anyone who assists in her abortion and would bar anyone committing incest on a minor from transporting her to another state to obtain an abortion. The House in April 2005 voted to approve similar legislation (HR 748) that would authorize fines of up to $100,000 or up to one year in prison, or both, for people who circumvent state parental notification or consent laws. The House version also requires out-of-state physicians to provide 24 hours' notice to a minor's parents or they will be subject to criminal prosecution and allows parents of minors who undergo abortion to file a lawsuit against the person who performs the procedure. Sen. Richard Durbin (D-Ill.) on Tuesday prevented Senate Majority Leader Bill Frist's (R-Tenn.) attempt to appoint members to a House-Senate conference committee to resolve differences on the measures, saying that the Senate bill had not yet been heard in a committee and that it would be too early to have discussions between the chambers (Kaiser Daily Women's Health Policy Report, 7/26).

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Durbin blocked the bill from being sent to the committee because he was concerned that Senate Republicans in the conference would accept the House version of the bill, which some people consider to be more restrictive on abortion rights, according to a Durbin spokesperson, the Las Vegas Review-Journal reports (Hegstad, Las Vegas Review-Journal, 7/27). Ensign responded, "What the Democrats are doing is not fair, not right," adding, "There is not an issue that separates people more than the abortion issue. ... We finally found some common ground. For the Democrats now to step up and block this is really outrageous" (Washington Times, 7/28). Representatives of some groups that oppose abortion rights, such as National Right to Life Committee President Douglas Johnson, blame Senate Minority Leader Harry Reid (D-Nev.), who voted for the bill, for the Democrats' action. Johnson compared Reid to former Sen. Tom Daschle (D-S.D.), "who would go back home to South Dakota and tell people he was for various pieces of legislation, then would work very skillfully to prevent those pieces of legislation from going all the way through." Reid in a statement responded, "Republicans are in control of both the House and Senate. If the supporters of this legislation are concerned about delays, they should encourage [Frist] to push the House to pass the Senate-passed bill" (Las Vegas Review-Journal, 7/27). But House Republicans are adamant about having negotiations with the Senate, Kevin Madden, spokesperson for House Majority Leader John Boehner (R-Ohio), said, adding, "We don't want to pass a weaker bill" (Washington Times, 7/28). Frist, at a news conference, said that he had the 60 votes required to remove the block but that it would take several days to obtain the votes. He did not say when he would consider using the procedural move to overcome the Democrats' block (Las Vegas Review-Journal, 7/27).

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