Salt Lake City Drinking Liberally

Promoting democracy in Utah one pint at a time.

February 1, 2007

Utah Legislature Madness, Part II

The General Description of HB235 almost says it all: “This bill amends provisions of the Utah Criminal Code relating to abortion.” Abortion = Criminal.
This bill passed committee as a trigger law, outlawing all abortions in the case that Roe v. Wade was overturned. However, in a surprise move the bill was substituted with a bill that effectively bans abortions regardless of Roe v. Wade, as soon as it becomes law. This bill is sponsored by the chair of the Health and Human Services Committee, Rep. Paul Ray, with co-sponsors Glenn A. Donnelson and Kerry W. Gibson.

The sponsors understand that there is a “high probability” unconstitutional:

The United States Supreme Court has held that a woman has a constitutional right to a pre-viability abortion without undue interference from the state. Roe v. Wade, 410 U.S. 113 (1973) and Planned Parenthood v. Casey, 505 U.S. 833, 846 (1992). The United States Supreme Court has also held that a state has power to restrict post-viability abortions, if the law contains exceptions for pregnancies which endanger the woman’s life or health. Planned Parenthood v. Casey, 505 U.S. 833, 846 (1992). Under these cases, there is a high probability that a court would hold that this bill unduly interferes with a woman’s right to a pre-viability abortion by restricting such abortions to pregnancies that resulted from incest or rape, or where an abortion is necessary in order to avert a woman’s death or a serious risk to a woman of substantial and irreversible impairment of a major bodily function.

Maybe I’m just being naive, but shouldn’t it be considered bad legislative form to write bills/laws that are unconstitutional?  I guess it’s just another way to chip away at Roe v. Wade.

by @ 6:34 am. Filed under Group News

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