Senate asserts Roe v. Wade a correct ruling

On October 21, by a vote of 51 to 47, the Senate passed an amendment to the partialbirth abortion ban (S 1692; see first Senate rollcall above) that expresses the sense of the Senate that "Roe v. Wade was an appropriate decision and secures an Important constitutional right; and such decision should not be overturned:' Roe v. Wade was the 1973 Supreme Court decision that effectively declared that abortion on demand is a federally protected constitutional right.

Pro-abortion Sen. Tom Markin (D.-lowa) proposed this "expression of the sense of the Senate"---a nonbinding measure-to amend an amendment offered by Sen. Barbara Boxer (D.Calif.) that expressed the sense of the Senate that congressmen must protect "a woman's life and health" when legislating on abortion and related matters.

Harkin described the Roe decision, which many politicians and constitutionalscholars consider seriously flawed; as an "eminently wise decision." Harkin said that "as time goes on, and as we reflect back, the decision enunciated by Justice Blackmun becomes more and more profound and more elegant in its simplicity and its straightforwardness:'

Proponents praised the decision as "elegant;' "profound," and "Solomon-ike:' Harkin celebrated its wide-reaching effects. "in the 25 years since Roe, the variety and level of women's achievements have reached unprecedented levels. The Supreme Court recently observed: The ability of women to participate equally in the economic and social life of the nation has been facilitated by their ability to control their reproductive lives:'

Sen. Rick Santorum (R.-Pa.) pointed out that since 1973, child abuse, spousal abuse, divorce, and child poverty have not fallen, as abortion defenders claimed they would if there were fewer "unwanted pregnancies:' All have, in fact, become more common.

Boxer defended Roe, saying that outlawing abortion leads mothers to find unsafe, illegal methods for killing their unborn. "Prior to the legalization of abortion, which is what Roe did in 1973, the leading cause of maternal death in this nation was Illegal abortion:'

Santorum, sponsor of the underlying legislation banning partial-birth abortion, said the amendment was nongermane. "One of the reasons we believe this bill [banning partial-birth abortion] is getting bipartisan support, as well as supporters on both sides of the abortion issue, is that It Is outside the realm of Roe v. Wade." He pointed out that "in Roe v. Wade... the court let stand a Texas law that said you cannot kill a baby In the process of being born."

After Harkin's amendment passed, Boxer's underlying amendment was adopted by a voice vote. Harkin and Boxer both voted against Santorum's underlying partial-birth abortion ban.

A "yes" vote was a vote to make it the "sense of the Senate" that the Supreme Court's 1973 Rwv. Wade decision was a correct ruling protecting a constitutional right. A "no" vote was a vote against expressing such a sentiment.

FOR THE AMENDMENT: 51

REPUBLICANS FOR (8): Campbell, Chafee, Collins, Jeffords, Snowe, Specter, Stevens and Warner.

DEMOCRATS FOR (43): Akaka, Baucus, Bayh, Biden, Bingarnan, Boxer, Bryan, Byrd, Cleland, Conrad, Daschle, Dodd, Dorgan, Durbin, Edwards, Feingold, Feinstein, Graham (Fla.), Harkin, Hollings, Inouye, Johnson, Kennedy, Kerrey (Neb.), Kerry (Mass.), Kohl, Landrieu, Lautenberg, Leahy; Levin, Lieberman, Lincoln, Mikulski, Moynihan, Murray Reed (R.I.), Robb, Rockefeller, Sarbanes, Schumer, Torricelli, Wellstone and Wyden.

AGAINST THE MOTION: 47

REPUBLIANS AGAINST (44): Abraham, Ailard, Ashcroft, Bennett, BrownbacK Bond, Bunning, Bums, Cochran, Coverdell, Craig, Crapo, DeWine, Domenici, Enzi, Fitzgerald, Frist, Gorton, Gramm (Tex.), Grams (Minn.), Grassley, Hagel, Hatch, Helms, Hutchinson (Ark.), Hutchison (Tex.), Inhofe, Kyl, Loft, Lugar, Mack, McConnell, Murkowski, Nickles, Roberts, Roth, Santorum, Sessions, Shelby, Smith (Ore.), Thomas, Thompson, Thurmond and Voinovich.

DEMOCRATS AGAINST (2): Breaux and Raid (Nev.). INDEPENDENTS AGAINST (1): Smith (N.H.).

NOT VOTING: 2

REPUBLICANS (2): Gregg and McCain.

Copyright Human Events Publishing, Inc. Nov 5, 1999
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