There have been occasions in the recent past where I wrote about state efforts to pass the Pain-Capable Unborn Child Protection Act, or PCUCPA for short. Needless to say, the concept is one that’s dead on arrival in a Democratic-controlled General Assembly here in Maryland, and that’s been PCUCPA’s fate in its various incarnations over the last several years.
But its fate is far different in states where the unborn are valued as people having a right to life as guaranteed in our Declaration of Independence. As Casey Mattox notes at RedState, there are fourteen states which have their own version of the law, although the enforcement of three have been halted for various (and likely dubious) legal reasons. Better still, a PCUCPA passed the House last month (with opposition mainly provided by liberal Democrats) and awaits action in the Senate.
Obviously the road to passage will become a lot more difficult in the Senate; my suspicion is that the PCUCPA will be filibustered to death because all but one or two of the 45 Democrats there will vote against cloture. It may not even get to 55 votes given the tendency of a couple Republicans to be squishy on pro-life issues. And even if the five Democrats necessary to gain cloture see the light and vote that way – assuming all 55 Republicans get on board, of course – the hurdle would get a lot taller once Barack Obama vetoes the bill, as he certainly would.
However, the bill is also useful in the sense that it may encourage other states without the law – but where most of the Congressional delegation voted for PCUCPA – to try and enact their own versions of it. To me, this is where the battle is properly fought. I may not like the fact that Maryland is a far-left loony bin of a state, but if those people who live there wish to foul their own nest with immoral laws it’s just going to make me have to work a little harder to change hearts and minds. As a citizen therein, I have just as much claim to moral superiority as any of them do. While it may seem counter-intuitive, I don’t believe in Constitutional amendments banning abortion or establishing marriage as between one man and one woman at this time – however, I reserve the right to change my mind on this in the future. Once upon a time I was against term limits, too.
Yet even if you don’t believe life begins at conception, the action of taking the life of a fetus barely a week away from viability (the earliest known premature baby to survive gestated in less than 22 weeks) and proven through research to be capable of feeling pain should be obvious. At this point in the process it should be obvious to the woman carrying the child that she is pregnant.
On the other hand, I have no doubt that those who are militantly pro-abortion are all for abortion up to and including the trip through the birth canal. (In extreme cases, the right doesn’t even stop at birth.) This is the “choice” some would have us believe is a viable option.
The other reason PCUCPA won’t get through Congress is the reason Mattox touched upon – the Left is very afraid that taking a case against PCUCPA would result in the Supreme Court revisiting Roe v. Wade and vacating their previously ill-considered decision – no more ersatz “right to privacy” and restoration of the states’ rights to choose their own path. As slowly as the wheels of justice turn, it may be a case heard under the next administration so it will be interesting to see if any SCOTUS changes play out during the 2016 campaign.