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New York Passes Disturbing Expansion of Abortion Law
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On the anniversary of the Supreme Court decision Roe v. Wade, New York Governor Andrew Cuomo signed a new abortion law called the Reproductive Health Act (RHA). The RHA specifies that every individual has a "fundamental right" to an abortion and expands abortion protections in the state.
The RHA allows abortion (1) if it is performed earlier than 24 weeks of pregnancy; (2) in an "absence of fetal viability"; or (3) if it is necessary to "protect the patient's life or health." This means that abortion is allowed without restriction during the first two trimesters. For third trimester abortions, decisions concerning fetal viability and protection of the life and health of the mother are to be made according to "the practitioner's reasonable and good faith professional judgment based on the facts of the patient's case."
The exception for health of the mother is not defined and can be interpreted to cover psychological, mental, and emotional health of the mother, as determined by the abortion provider. So, while the law does not technically allow abortion for any reason in the third trimester, in reality the health exception is broad enough to cover almost any late-term abortion in the state.
The law also specifies that any "health care practitioner licensed, certified, or authorized" under New York's medical licensing laws can perform an abortion according to his or her professional judgment. This means that non-physicians (such as licensed nurse practitioners and physician assistants) can perform abortions.
In addition, the RHA amends the definition of "homicide" in the New York penal code to remove conduct causing the death of an unborn child when the mother has been pregnant for more than 24 weeks. This means that only persons "born and alive" can be considered the victim of a homicide. All other references to abortion were also eliminated from the New York penal code.
The RHA also removed a section of New York's public health law that required a second physician to be in attendance for all abortions performed after 20 weeks to provide "immediate care for any live birth" that was the result of an abortion. The now-repealed section also provided for "immediate legal protection" for children born alive and required medical records be kept of the efforts to care for such child.
In a statement issued before final passage of the RHA, the Bishops of New York State expressed their "profound sadness" over the abortion expansion. "We mourn the unborn infants who will lose their lives, and the many mothers and fathers who will suffer remorse and heartbreak as a result."
On the heels of New York passing the RHA, the Virginia General Assembly defeated a similar abortion expansion proposal. HB 2491 would have eliminated the requirement that second trimester abortions be performed in a hospital; eliminated numerous processes required before an abortion, such as conducting an ultrasound; eliminated the requirement that two other physicians certify that a third trimester abortion is necessary to save the mother's life or prevent impairment of her physical or mental health; and eliminated regulations establishing minimum health and safety standards for abortion facilities.
Archbishop Carlson released a statement in response to the bills this afternoon:
"The recent actions by some state governments to advocate for the murder of children in the womb is representative of the loss of conscience by those leaders in government who are responsible for passing this legislation, no matter their faith. What is at stake is the ability to legally act to defend the innocents who are unable to defend themselves. The Archdiocese of St. Louis condemns these recent actions and appeals to those leaders who are in good conscience to act in defense of the unborn."
Also in response to the Virginia and New York bills, Archbishop Joseph F. Naumann of Kansas City, KS and Chairman of the U.S. Bishops' Committee on Pro-Life Activities issued a statement today. Missouri Speaker of the House, Elijah Haahr indicated this week that he was referring eight pro-life bills to committee. Stating that Missouri was "not New York or Virginia", Haahr stated that the bills would create "new protections for our most innocent." |
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Chief Justice Delivers State of Judiciary Address
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 On Wednesday, Chief Justice Zel Fisher delivered the State of the Judiciary address to a joint session of the legislature. Much of the speech focused on criminal justice. He was pleased to note that Governor Parson said he would not build another prison. Justice Fisher said we should save prison space for those we are afraid of, not just mad at. He thanked the legislature for its support of treatment courts, which he noted would make a difference in prison overcrowding and help offenders who had substance abuse and mental health issues. But he said the legislature should approve the $3.1 million to fund the courts. He was also pleased to announce there were veterans courts available in three dozen counties to serve veterans who find it difficult to adjust to life at home.
Justice Fisher also spoke about a framework for pretrial release set to begin July 1. Program highlights include the court starting with non-monetary conditions of release, and imposing monetary conditions only when necessary. The new rule also limits how long a defendant may be detained without a hearing and ensures a speedy trial for those who remain in jail. |
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Hearing Held on Food Stamp Bill
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 The Senate Committee on Seniors, Families and Children held a contentious hearing this week on SB 4, sponsored by Sen. David Sater (R-Cassville). The bill would impose new sanctions on recipients who fail to comply with federal work requirements. Both adults and children would lose their SNAP benefits under the program if SB 4 were to pass.
The bill was scheduled to be heard last week, but Sen. Sater delayed the hearing due to time constraints. At the hearing this week, SB 4 was again scheduled to go first when Sen. Sater (chair of the committee) let another bill be heard first. By the time SB 4 was heard, there were only 40 minutes left for witnesses from both sides. More than 10 witnesses testified against the bill, leaving them little time to present their arguments. One member of the committee complained, saying there was not enough time to ask questions of those opposed. But it was to no avail as the hearing continued.
The MCC testified against the bill and issued an Action Alert to our MOCAN members living in the districts of the committee members, asking them to contact their Senator to voice our opposition to the bill. It is possible that the committee will vote on the bill next week. |
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PDMP Bills Heard in House and Senate
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 This week, the House Insurance Policy Committee heard testimony on HB 188, sponsored by Rep. Holly Rehder (R-Sikeston), which would establish a statewide prescription drug monitoring program (PDMP). A PDMP is a program that would track the quantities of controlled substances prescribed to patients, allowing medical professionals to identify early signs of addiction and prevent doctors from accidentally prescribing dangerous drug combinations.
Missouri is the only state without a statewide PDMP. Sixty counties and the city of St. Louis have already launched their own programs, but those only cover about half of the state's geographic area.
The House Insurance Policy Committee approved HB 188 by a 13-3 vote. The Senate heard its own version of the bill this week, SB 155, sponsored by Sen. Tony Luetkemeyer (R-Parkville), but no vote was taken. The MCC testified in support of both bills. |
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Special Committee on Criminal Justice Hears Bills
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 This year, a special Committee on Criminal Justice was appointed by the Speaker of the House to address bills that could impact the overpopulation of prisons. On Thursday, two bills were heard by the committee that would do just that. HB 113, sponsored by Cody Smith (R-Carthage), would give judges the discretion to deviate from mandatory minimum sentencing if certain requirements were met. They stated that this bill could help prevent young offenders from going to prison.
Another bill heard by the committee was HB 352, sponsored by Rep. Tom Hannegan (R-St. Charles). This bill would grant a parole hearing to a "targeted" group of offenders who were sentenced to life plus 50 years, as this law is no longer in effect in Missouri. Approximately 80-100 offenders could benefit from the legislation. The MCC testified in support of both bills. The committee took no action on the bills. |
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Jefferson City Catholic School Teacher to Receive NCEA Award
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 A Jefferson City Catholic school teacher has been selected to receive an award from the National Catholic Education Association (NCEA). Lesha Neidert, a second grade teacher at St. Peter Interparish School, will receive the "Lead. Learn. Proclaim." Award from the NCEA this spring. The honorees are chosen from the more than 150,000 educators serving in the nation's Catholic elementary and secondary schools. During her tenue at St. Peter school, Neidert has experienced the importance of faith in education. "We understand that if you're not faith-driven, you're not putting your students first," she said. "I think St. Peter does a great job of putting faith first, students first, families first." Read more about Mrs. Neidert in this Catholic Missourian article!
To learn more about other Catholic schools around Missouri, read the latest MCC Messenger!
photo courtesy of the Catholic Missourian and Lesha Neidert |
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MidWest March for Life is Tomorrow!
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 The Midwest March for Life is tomorrow! The 9th annual event will be hosted in Jefferson City on Saturday, February 2nd. The march itself begins at 10:00 a.m., but the day's activities run from 7:45 a.m. to 3 p.m. You're invited to participate in all or just a few of these events. A rally inside the rotunda will be followed by lunch, then Mass at St. Peters at 3 p.m.
The speaker for this year's event is Kristan Hawkins. Kristan is a wife, mother, and anti-abortionist activist, author, and speaker. She launched Students for Life of America in 2006, which exists to abolish abortion by recruiting, training and mobilizing this pro-life generation. She recently served on then-candidate Donald Trump's Pro-Life Advisory Council and is the author of Courageous: Students Abolishing Abortion in this Lifetime.
To get more information about the 2019 Midwest March for Life, visit their event website. |
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