[StBernard] Legislature gains barely passing grade

[Westley Annis]

In response to:

" Abortions

The Legislature approved a ban on abortions in all cases except to save the
life of the mother. Our lawmakers are not qualified to legislate medical
decisions. This is unnecessary pandering to conservative interests."

I hate to start something here, but good conscience doesn't allow me to.  To
put it bluntly, you couldn't be more wrong and I couldn't disagree more.
Let me pick this apart.

First..."Our lawmakers are not qualified to legislate medical decisions."
In this particular legislation, lawmakers are not making an medical
decisions nor any medical determinations."  The legislation reads plainly
and it says abortions would be allowed in a health threatening situation -
which clearly the woman's doctor (or a doctor) would make that
determination.  The legislation provides no "medical criteria" since I'm
sure legislators presumed a medical professional would make that call.

Second..."This is unnecessary pandering to conservative interests."  Oh, is
it really?  Your logic here would then dictate if a legislative body was
comprised by a majority of liberals, then every other legislation considered
during a session (other than dealing with the aborition issue) would be
bills that pander to liberal interests.  But technically, that simply could
not be the case since the overwhelming majoriy of the public does in fact
adhere to conservative beliefs and values.  Legislation that "panders"
usually implies to a "minority" interest.  But since the majority of the
public is conservative, I'd say this particular legislation was an act by
duly elected representatives voting in accordance with the majority
(beliefs) that elected them.

Third....as far as any "real" impact this legislation might have, you could
be correct with your overall impression of the bill.  As the legislation
clearly states, this bill only becomes "effective" when or if the U.S.
Supreme Court ever overturns Roe v. Wade.  So, if you think about it, this
legislation is really "worthless" because when the U.S. Supreme Court issues
a ruling it automatically becomes the law of the land - regardless of any
state or local laws that already exist.  So, let's say the legislature never
heard such a bill this past session.  If tomorrow the high court overturns
Roe v. Wade then immediately abortions in Louisiana (and every other state)
would become outlawed, anyway.  So you would be correct on that point - it
was unnecessary legislation.

If Louisiana legislators really had some backbone, they would passed a bill
similar to the one passed during the Roemer administration that "outlawed"
abortion.  If you recall, Roemer stamped his veto on the bill claiming the
State could not afford the expensive legal fight.  But, until a state passes
such a bill, the high court can never hear the matter.  It has to be passed
then challenged (and you know it will) to reach the U.S. Supreme Court.  So
I feel our legislators chickened out on a fight - and a fight I believe
important to be fought.

John Scurich