Most survey respondents favor 'trigger law' banning abortion
Posted: Sunday, December 30, 2007
LINCOLN, Neb. (AP) -- The majority of Nebraska lawmakers who responded to an Associated Press pre-session survey say they would support an effort to pre-emptively ban abortion in the event that the landmark Roe v. Wade decision is overturned.
Some states have adopted or proposed so-called "trigger laws" -- either automatically banning abortion, or protecting it -- if the 1973 U.S. Supreme Court decision that established a woman's right to have an abortion were overturned.
Asked in the annual AP survey whether they would support such a law, 21 Nebraska state senators said they would back a trigger law banning abortion.
"It would be logical to have a law in place to be triggered in the event the current precedent and legal understanding is changed to provide clarity for an uncertain time," wrote Sen. Phil Erdman of Bayard, one of those who supports a law banning abortion.
Another, Sen. John Harms of Scottsbluff, said Nebraskans generally oppose abortion with the exception of "certain medical issues." He also raised other questions regarding the issue.
"Without a nationwide policy on this issue, a new set of problems are likely to arise," he wrote. "How will Nebraska law affect Nebraskans who cross into neighboring states to receive a procedure that is no longer legal in Nebraska?"
Six lawmakers said they would not support such a law, and three -- Sens. Bill Avery of Lincoln Ray Janssen of Nickerson, Lowen Kruse of Omaha -- indicated they would support a trigger law protecting abortion.
Many lawmakers seemed to acknowledge the complexity of such a proposal. Even those who said they would favor a trigger law to ban abortion often noted caveats.
"If such a law were passed, I would like to see exceptions for rape, incest, or the mother's health," wrote Sen. Greg Adams of York in his survey response. Adams indicated he favors a law to ban abortion.
Sens. Carol Hudkins of Malcolm, Joel Johnson of Kearney and Leroy Louden of Ellsworth said they were unsure of their stances.
Still others took a wait-and-see approach, including Sens. Deb Fischer of Valentine, Lavon Heidemann of Elk Creek and Dave Pankonin of Louisville.
"I am pro-life and oppose abortion," Fischer wrote. "However, passing a law now would be premature and could have unintended consequences.
"I believe it would be more appropriate to wait and see what the court's decision would be and then pass legislation that specifically addresses that decision."
Pankonin, also a self-described abortion opponent, said he would "have to review the specific language of any potential 'trigger law' to fully understand the consequences."
Twelve lawmakers declined to participate in the survey.
The 2008 legislative session begins Jan. 9.
Some states have adopted or proposed so-called "trigger laws" -- either automatically banning abortion, or protecting it -- if the 1973 U.S. Supreme Court decision that established a woman's right to have an abortion were overturned.
Asked in the annual AP survey whether they would support such a law, 21 Nebraska state senators said they would back a trigger law banning abortion.
"It would be logical to have a law in place to be triggered in the event the current precedent and legal understanding is changed to provide clarity for an uncertain time," wrote Sen. Phil Erdman of Bayard, one of those who supports a law banning abortion.
Another, Sen. John Harms of Scottsbluff, said Nebraskans generally oppose abortion with the exception of "certain medical issues." He also raised other questions regarding the issue.
"Without a nationwide policy on this issue, a new set of problems are likely to arise," he wrote. "How will Nebraska law affect Nebraskans who cross into neighboring states to receive a procedure that is no longer legal in Nebraska?"
Six lawmakers said they would not support such a law, and three -- Sens. Bill Avery of Lincoln Ray Janssen of Nickerson, Lowen Kruse of Omaha -- indicated they would support a trigger law protecting abortion.
Many lawmakers seemed to acknowledge the complexity of such a proposal. Even those who said they would favor a trigger law to ban abortion often noted caveats.
"If such a law were passed, I would like to see exceptions for rape, incest, or the mother's health," wrote Sen. Greg Adams of York in his survey response. Adams indicated he favors a law to ban abortion.
Sens. Carol Hudkins of Malcolm, Joel Johnson of Kearney and Leroy Louden of Ellsworth said they were unsure of their stances.
Still others took a wait-and-see approach, including Sens. Deb Fischer of Valentine, Lavon Heidemann of Elk Creek and Dave Pankonin of Louisville.
"I am pro-life and oppose abortion," Fischer wrote. "However, passing a law now would be premature and could have unintended consequences.
"I believe it would be more appropriate to wait and see what the court's decision would be and then pass legislation that specifically addresses that decision."
Pankonin, also a self-described abortion opponent, said he would "have to review the specific language of any potential 'trigger law' to fully understand the consequences."
Twelve lawmakers declined to participate in the survey.
The 2008 legislative session begins Jan. 9.
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yup wrote on Dec 30, 2007 11:14 AM:
Dick wrote on Dec 30, 2007 6:06 AM: