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Legislator tries again to ban all abortions

Posted: 07/12/2007

Republican thinks a law could spur Supreme Court to reverse Roe V. Wade

Thursday, July 12, 2007

By Catherine Candisky

The Columbus Dispatch

 

Less than three months after the U.S. Supreme Court upheld a ban on a controversial late-term abortion procedure, a Cincinnati Republican has reintroduced legislation to outlaw all abortions in Ohio.

Rep. Tom Brinkman Jr. hopes his bill will become the vehicle for overturning the 1973 Roe v. Wade decision by the U.S. Supreme Court, which legalized abortion.

His introduction of House Bill 284 on Tuesday seems to fulfill predictions that such proposals would flourish nationwide after the high court narrowly concluded that a 2003 federal ban on what opponents call partial-birth abortion did not impose an undue burden on a woman's constitutional right to an abortion.

The 5-4 decision gave hope to some anti-abortion advocates who said it illustrated the conservative influence of Justice Samuel A. Alito Jr.'s replacement of Justice Sandra Day O'Connor.

Yet others on both sides of the debate say overturning Roe is not likely.

And enacting an abortion ban in Ohio is doubtful.

Gov. Ted Strickland, who supported the "partial-birth" abortion ban in Congress, would veto a total ban, spokesman Keith Dailey said.

When Brinkman introduced the same bill during the last two-year legislative session, House Speaker Jon A. Husted said an abortion bill was not among the priorities for Republicans.

Yesterday, spokeswoman Karen Tabor said Husted will poll fellow GOP legislators to determine their interest when lawmakers return to Columbus in the fall.

"It will probably get a hearing," Tabor said.

Ohio Right to Life Director Denise Mackura said the Supreme Court decision "opens the door for some kinds of legislation -- more restrictions (on abortion) -- but there was no indication that Justice (Anthony M.) Kennedy would be voting to overturn Roe."

Since the retirement of O'Connor, Kennedy, who has shown mixed views on abortion, is considered a key vote on the issue.

On the state front, Mackura said, it has become next to impossible to outlaw abortion.

"With the governor that we have, I don't think there is any possibility of getting a ban passed," she said.

"While we do have a majority of pro-life legislators in the House and Senate, I don't know that we have a veto-proof majority."

Kellie Copeland, executive director of NARAL Pro-Choice Ohio, said the Supreme Court ruling has "emboldened anti-choice legislators" such as Brinkman to renew their efforts.

Brinkman's proposed abortion ban, she said, is "out-of-touch with Ohio mainstream values."

"In 2006, Ohio voters made clear they wanted a new direction for the choice debate by electing Gov. Ted Strickland, who has pledged to veto any ban on abortion."

The crux of the proposed law simply states: "No person shall perform or induce an abortion." Violations would be a second-degree felony; a second offense would increase it to a first-degree felony. It also would ban RU-486 (mifepristone), sometimes dubbed the "abortion pill."

 

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