Left In Alabama

Sen. Bentley wants to get between you and your doctor, criminalize medicine & waste taxpayer money

by: mooncat

Wed Oct 14, 2009 at 15:37:06 PM CDT


That's right. Senator Robert Bentley (R, 19th century) has decided his only hope to win the Republican nomination for governor is to start pounding the ultimate wedge issue:

ABORTION.

And since he's a sitting state Senator he can do something the rest of the GOP gubernatorial field can't:

INTRODUCE BILLS IN THE LEGISLATURE.

So he's prefiled not one but a whole flock of bills for the 2010 session of the Alabama legislature. 

1. The Human Life Recognition Act
2. The Health Care Rights of Conscience Act
3. Proposed constitutional amendment to prohibit abortion
4. House Joint Resolution opposing the Federal Freedom of Choice Act.

Highlights of Bentley's shameless political panders:

#1 - Prior to an abortion, the physician who is to perform the abortion, the referring physician, or a qualified person has to read this to the woman in person:

The abortion will terminate the life of a whole, separate, unique, living human being.

That new requirement is on top of a whole host of things the state already tells (see Title 26, Section 26-23A-4) your doctor he or she must do, like performing an ultrasound before the abortion (and keeping the tape in your medical record for at least 4 years) and telling you "The unborn child may be able to survive outside the womb."  So much for the government not getting between you and your doctor.  I guess that doesn't apply to the state government, or maybe it's ok as long as only Republicans legislate what happens in the exam room.

#2 - The so-called Health Care Rights of Conscience Act.  I'm no lawyer, but this thing appears to be incredibly sweeping -- yes it covers pharmacies, nursing homes and clinics and applies to pharmacists, pharmacy employees, counselors, social workers and so forth as well as the more expected nurses and physicians.  I suspect it would allow a pharmacy to refuse to dispense RU-486 or almost anything else (oxycontin for those who are concerned about drug abuse, maybe?) up to and including contraceptives I bet, and doesn't appear to even limit objections of conscience to reproductive issues.  This deserves a really close look for implications related to hospice and end of life care. 

#3 - A Constitutional Amendment criminalizing abortion.

"... any person who causes or participates in the abortion of an unborn child shall be guilty of a Class B felony." 

As a sop to people of conscience, he includes an exception for rape or incest or to save the mother's life.  Best I can tell, a Class B felony in Alabama translates to 2 to 20 years.  Do we really want to be putting doctors on trial or in prison?  Or women?  For a medical procedure that is legal in these United States?  

Bentley says he realizes such a law would invite a legal challenge, but says "I think it is a wise expenditure of state money."  Right.  Alabama is so flush with cash we can afford to sink a million or so into legal fees on another Quixotic attempt to overturn Roe v. Wade which, as the conservatives like to say, is "settled law." 

#4 - Opposes the Freedom of Choice Act.  This is a bill to oppose a federal law that doesn't exist yet.  Priceless.

I can't express how disappointing this is and I expect a great many Alabama women feel the same way.  All Bentley's Republican opponents appear to be going along with his ideas to interfere with medical care, criminalize medicine and spend a ton of money we don't have on legal fees.  

On the Democratic side, Artur Davis has a less than stellar record on reproductive issues but at least is clear on criminalization:

[Communications Director] Alex Goepfert, said in Congress Davis has voted to ban partial birth abortions, prohibit federal funding of abortions and in favor of restrictions on abortions for minors. "However, he doesn't believe that sending young women or their doctors to prison will make us a stronger society," Goepfert said.

A spokesman for Ron Sparks said the Agriculture Commissioner was studying the bills and resolution proposed by Bentley and hoped to have a statement later today.

Republicans are poised to completely alienate the younger generation of voters by criminalizing abortion in Alabama.  Will Democrats (the two currently running for governor and those already serving in the Legislature) go along with Bentley's extreme proposals or will common sense prevail? 

mooncat :: Sen. Bentley wants to get between you and your doctor, criminalize medicine & waste taxpayer money
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Sparks is "studying the bills? (4.00 / 2)
On their face, most are unconstitutional, so what's to study?

C'mon Ron, step up to the plate and do some good Alabama truth-telling: that this is a blatant attempt by a back-bencher Republican to get some free publicity and soak up right-wing contributions - even though it could cost the state millions in legal fees and much more in bad publicity.

Suck it up and do the right thing!  You know you want to.

I'm not short.  I'm fun size!!


the slower he studies the more pissed I get. (4.00 / 3)


[ Parent ]
Well, the original promise was "late afternoon" (4.00 / 2)
Commissioner Sparks wanted time to read Bentley's bills and resolution.  But apparently there's been some further delay.

Work harder and work smarter!

[ Parent ]
Davis has voted to ban partial birth abortion, prohibit federal funding of abortions, (4.00 / 3)
and restricting abortions for minors (ie. restricting womens' reporductive freedom)

Sparks is "studying the issue".(WTF is he studying?)

Pox on both their houses.

The work goes on, the cause endures, the hope still lives and the dreams shall never die.~Senator Edward M. Kennedy (D. MA)



As a lawyer (4.00 / 3)
I am at a loss as to how the State of Alabama can criminalize somwthing the SCOTUS has said is legal  

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


They're in denial (4.00 / 1)
Or they're contrarians.  Or they're living in an alternate reality where the Confederacy won the Civil War.  And by "they" I mean the people who are pushing this stuff, not the general population of Alabama. My mind is well and truly boggled over this one.

Work harder and work smarter!

[ Parent ]
As a non-lawyer (4.00 / 2)
I assumed they were hoping to use this new criminalization to get do-overs on Roe v. Wade, Stamford v. Connecticut, and other cases since the Court is more pro-authoritarian now than it has been for a generation.

"The War in Iraq is not the disease. The War in Iraq is a symptom. Arrogance is the disease" - Bill Richardson

[ Parent ]
But (4.00 / 3)
there are ways to do that without subjecting someone to a 2-20 year jail sentence. Strange as it may seem, I respect the rule of law too much for someone to try to use the criminal code to criminialize something SCOTUS had ruled legal just push a moral/political agenda and particularly to advance someone's personal political ambitions.

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


[ Parent ]
That's why I like you, OP (4.00 / 1)
In spite of our political differences.

I respect the rule of law too much for someone to try to use the criminal code to criminialize something SCOTUS had ruled legal just push a moral/political agenda and particularly to advance someone's personal political ambitions.


Work harder and work smarter!

[ Parent ]
Doesn't seem strange at all to me, OP (4.00 / 2)
My reading of your posts gives me the impression that you believe jail is damned serious and so is putting someone in it, which I agree with.

"The War in Iraq is not the disease. The War in Iraq is a symptom. Arrogance is the disease" - Bill Richardson

[ Parent ]
Thank You (0.00 / 0)
Kind ladies

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


[ Parent ]
Well, only one of us is a lady, and it's me. (4.00 / 2)
No prejudice, but we're definitely a straight couple.

Work harder and work smarter!

[ Parent ]
I think I confused (4.00 / 1)
HOC with Countrycat. Too many cats on here for a dog person like me.

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


[ Parent ]
Figured you had your cats crossed up, lol! n/t (0.00 / 0)


Work harder and work smarter!

[ Parent ]
But, By God there's only one PIG! (4.00 / 2)


A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
Margaret Mead  


[ Parent ]
giggling at that! (4.00 / 1)
 Some PIG! (To quote Charlotte)

[ Parent ]
For which (0.00 / 0)
we are truly grateful

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


[ Parent ]
Touche' (4.00 / 1)


A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
Margaret Mead  


[ Parent ]
No, it's deeper. They want a do-over on Lincoln V Jefferson Davis (4.00 / 1)

a case decided over a long and bloody case in the courtroom of Hatred, Divisiveness, and Treason.  A courtroom that Rick Perry, Todd Palin and others want to reopen.

And, I fear the numbers of adherents may be much larger that we want to acknowledge, and growing. Damn, Oregon is a pretty state!



A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
Margaret Mead  


[ Parent ]
As a not-a-lawyer... (4.00 / 2)
The really odd thing here is that I'm pretty sure Alabama already has an abortion ban on the books.  Seems if they want to revisit Roe v. Wade then all they have to do is attempt to enforce the current illegal ban...not pass a whole new law.

[ Parent ]
Welcome lsmsrbls! (4.00 / 1)
User number 1201! I love your handle, btw.

When I was looking at the Alabama code I noticed there were a couple of sections on reproductive issues and abortion.  Like you, I'm a non-lawyer and didn't have time to struggle through the whereas'es and figure out what they all did, but it seems like the Legislature has definitely plowed this ground before.

That's part of my disappointment with opening this can of worms again -- we've been through this in Alabama before. It's not like we have liberal abortion laws here or anything.  Bentley is just doing this because his campaign isn't gaining any traction -- fundraising is probably dismal -- and he needs to do something to make a good showing before January or he'll be irrelevant when the first fundraising report hits the SoS's office. He's hoping the evangelicals and hard line pro-lifers will rally behind him. Guess he forgot Roy Moore is in the race, too.

Work harder and work smarter!


[ Parent ]
Thanks! I've been lurking for a while and just signed up. (4.00 / 2)
I believe this is where I found Alabama's abysmal statutes on abortion (it has references in the Alabama Code):

http://www.prochoiceamerica.or...

No better GOP fundraising tool in Alabama than trying to make it even MORE burdensome for people to get abortions.  And no better use of taxpayer dollars than fighting Roe v. Wade.  It's disgusting.

We're a great poster child for "making abortion legal is not sufficient--they also have to be accessible and available to people regardless of income or age."


[ Parent ]
they for the most part don't really care about women or abortions. (4.00 / 2)
they are about pandering and if the law isn't really changed, so what.

[ Parent ]
It doesn't end with a ban on abortion (4.00 / 1)
Next on the agenda (and all of these are pursued in parallel)
- A ban on contraception
- A ban on divorce
- Mandatory ventilator and feeding tubes to extend end of life pain and agony

Because pain and agony builds character, don't you know.

It is mandatory, state-enforced authoritarian Catholicism, with the active support of authoritarian Protestantism.

People were burned alive at the stake, hanged, and drawn and quartered for standing up against oppression in the name of God.

All of us, religious and non-religious alike, honor the memory of them when we resist this evil movement.

"The War in Iraq is not the disease. The War in Iraq is a symptom. Arrogance is the disease" - Bill Richardson


Don;t forget Troy Kings fav (4.00 / 3)
" Ban those sex toys" (lol)

All that is necessary for the triumph of evil is that good men do nothing.
Edmund Burke


[ Parent ]
well (4.00 / 2)
I'm itching to Wade in...but everything I have to say is so horrible I think I'll just remain quiet.

Except for "MYOB, you sanctimonious bastards!"

there, I feel a little better now :)

When in doubt tell the truth. It will confound your enemies and astound your friends.---Mark Twain


[ Parent ]
Damn, herding. You're sounding a lot like the Pig today (4.00 / 1)
I get real fiesty about organized religion aroun Columbus Day.  All hail the Italo-Spanish-American symbol of racism and genocide. Let's have a holiday for him!  Why not a Pope Pius XII day to celebrate Catholic enbracing of Fascism?

A small group of thoughtful people could change the world. Indeed, it's the only thing that ever has.
Margaret Mead  


[ Parent ]
Did anyone hear Dale Jackson giving Bill Johnson heck for his no-exceptions abortion stance (4.00 / 2)
For once, I was impressed by Dale Jackson, as he gave Bill Johnson heck for his "no objections" stance on abortion.  

He asked him the tough questions like "if there is no exception for the life of the mother, are you just going to tell that mother -- you die?" (paraphrased).  

BTW: As Mooncat points out, Alabama already has laws on the books making Abortion illegal and a felony, and those statutes have already been declared unconstitutional -- so what is the purpose of Bentley's proposal, other than to get his name in the news?


It's a shameless pander to raise money from the militant pro-lifers (4.00 / 1)
I didn't hear the show, but someone sent me a quote from his blog where he gave Sparks hell for not having a statement on Bentley's proposals.

Did you happen to catch DJack's interview with Ron Sparks?  I didn't hear about it until after the fact and haven't yet found the time to listen to the podcast.

Work harder and work smarter!


[ Parent ]
No offense mooncat, (4.00 / 1)
But I think the title of your diary should have been;

Sen. Bently wants to put women in their place.

Sen. Bently is pandering to the segment of Alabama voters who care more about keeping women from choosing to have an abortion than having access to quality health care, jobs, quality public education, constitution reform, ethics reform and the other issues affecting the lives of ALL citizens.

Etu Sparks and Davis?

The work goes on, the cause endures, the hope still lives and the dreams shall never die.~Senator Edward M. Kennedy (D. MA)



Yep... the all-knowing father (0.00 / 0)
pats them on their silly little heads and does what's "good for them."

Because certainly women can't be trusted with important decisions like... well.... reproduction.

I'm not short.  I'm fun size!!


[ Parent ]
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