Law against infanticide on hold

Missouri lawmakers did more in mid-September than simply vote to
override Gov. Mel Carnahan’s earlier veto of a bill that prohibits
partial birth abortion. Instead, lawmakers created a new crime of
“infanticide,” and legal experts say it is the first of its kind in the
nation.

Mindful of other states that have voted to outlaw the controversial
procedure, Missouri legislators, who overwhelmingly supported the
measure, said their approach is considerably different.

Claiming supporters of the bill “draw the line at infanticide,”
Democratic Sen. Ted House said lawmakers decided to write the ban on
late-term abortions into the state’s criminal code, and “that statute
has never been ruled on” in the courts.

The bill, called the “Infant’s Protection Act,” creates a felony
crime specifically called “infanticide” that subjects anyone who causes
“the death of a living infant … by an overt act performed when the
infant is partially born or born” to charges equivalent to murder. The
law’s only exception is when the life of the mother or another fetus is
at risk, House said.

Carnahan remains vehemently opposed to the measure, and said during a
press conference Sept. 16 that the law could be interpreted as a legal
defense for violence against abortion providers, and could end up
outlawing more abortion procedures than the “infanticide” the bill
sought to target.

“This bill is far more extreme than its proponents claim,” Carnahan
said.

However, while the new law initially caused concern in the Missouri
chapter of Planned Parenthood, the state’s largest abortion provider,
Planned Parenthood affiliates in St. Louis and Kansas City have
successfully convinced a federal judge to suspend enforcement of the law
until March 27, when a trial to hear arguments for and against the new
law will be presented.

Both critics and supporters of the Infant’s Protection Act believe it
will eventually land on the U.S. Supreme Court’s docket, because some
who oppose the measure believe it could be used to challenge the 1973
Roe v. Wade decision that legalized abortion.

In another development, state Republican leaders are charging that
$14,000 Carnahan received from abortion rights groups for his Senate
race against incumbent Sen. John Ashcroft next year — at the same time
the bill was sitting on his desk in July — amounted to undue influence
in his ultimate decision to veto the measure.

Carnahan denied the allegations, saying the contribution had nothing
to do with his decision to veto the measure.

“I do many actions as governor and I do them based on my
responsibility, my duty and what I think is right,” he said.

But state GOP Chairwoman Ann Wagner said that while Carnahan portrays
the veto as a matter of principle, “it looks more like a matter of
principal plus interest.”

According to Federal Election Commission records, Carnahan is a
favorite among the abortion lobby. Of the 15 contributions made this
year by Planned Parenthood’s PAC, reports show Carnahan received the
most money, $10,000, more than any other candidate. Carnahan also is a
top beneficiary of the National Abortion Rights Action League, although
two other politicians drew larger sums. The group gave Carnahan $1,000
just before lawmakers sent the bill to him in May, and $4,000 on June
28.

Gloria Feldt, president of the Planned Parenthood Federation of
America, defended the contributions to Carnahan, saying, “We support
Gov. Carnahan because we agree with his position. It didn’t work the
other way around.”