Senate Begins Debate On Federal Child Interstate Abortion Notification Act

The Senate on Friday began debate on legislation (S 403) 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 Associated Press reports (Associated Press, 7/21). The bill, sponsored by Sen. John Ensign (R-Nev.), would authorize fines or up to one year in prison for people who violate the measure. The measure includes an exception if an abortion is necessary to save the life of a pregnant minor and would allow minors to gain judicial bypass from a judge in their home states to avoid parental notification. Under the bill, doctors who perform abortions on minors from other states also could be subject to penalties. The measure states that abortion providers in states without parental consent laws would be required to attempt to notify in person or by certified mail a parent or legal guardian of any minor abortion patient who is a resident of another state (Kaiser Daily Women's Health Policy Report, 4/25/05). A similar bill (HR 748), approved by the House in April 2005, would authorize fines of up to $100,000 or up to one year in prison for people who violate the measure and also could penalize doctors who perform abortions on minors from other states (Kaiser Daily Women's Health Policy Report, 5/6/05). Senate Majority Leader Bill Frist (R-Tenn.) is "prepared" to file for a cloture motion to end debate on the measure if a deal is not reached, CQ Today reports. Senate Minority Whip Richard Durbin (D-Ill.) said if Republicans block proposed amendments, then Senate Democrats will gauge the possibility of a filibuster, CQ Today reports (Perine, CQ Today, 7/20). Democrats are expected to propose an amendment, by Sen. Dianne Feinstein (D-Calif.), that would exempt grandparents and clergy members from being prosecuted under the legislation. Ensign has said that such an amendment is unnecessary because state parental notification and consent laws allow for minors to apply for judicial bypasses, which circumvent the parental consent requirement (Perine, CQ Today, 7/21). In addition, Democrats are expected to propose an amendment that would reaffirm support for the U.S. Supreme Court's ruling in the 1973 Roe v. Wade case -- which effectively barred state abortion bans. The Senate this week is expected to approve bill, and Republican and Democratic aides have said the parties likely will reach an agreement that will prevent the need for cloture, CQ Today reports (CQ Today, 7/20). Twenty-two states have parental consent laws in place that require a parent or guardian to provide written permission before a minor can receive an abortion, and seven states require facilities that provide abortion to notify parents prior to the procedure (Ertelt, LifeNews.com, 7/21).

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