Amendment would refuse right to abortion
The state Legislature’s latest effort against abortion made it to the Senate this week, launching a constitutional fight even as the U.S. Supreme Court considers altering the right to an abortion nationwide.
GOP lawmakers have repeatedly proposed constitutional amendments during Gov. Tom Wolf’s administration, turning questions directly to voters to avoid vetoes by the Democratic governor.
Their most recent victories targeted the governor’s power to declare an emergency, an issue rarely debated before the coronavirus pandemic.
The new effort – proposed in the fall by Sen. Judy Ward, R-Blair – would ensure there’s no right to an abortion in Pennsylvania law. If it passes the Legislature, it could face a much tougher fight among voters skeptical of abortion restrictions.
Ward’s bill, S.B. 956, would alter the constitution to affirmatively declare there is no right to abortion or abortion funding in the state. She seeks to outflank a potential state Supreme Court ruling that could open Medicaid funds for abortions – a ruling that would make the procedure more readily available to low-income people.
“My constitutional amendment would make it so that the people’s elected representatives are the ones who set policy regarding abortions, not activist judges,” Ward said in a press release.
In a memo to colleagues, Ward targeted what she calls “the abortion industry” – the collection of clinics and advocacy groups that have fought to expand abortion rights in the courts. The handful of clinics in states like Pennsylvania has drawn more attention as other states move to restrict their own providers.
Ward’s amendment passed a Senate committee this week in a party-line vote. Among the yes votes was Sen. Jake Corman, R-Centre. Cosponsors include Sen. Pat Stefano, R-Fayette.
It now moves to the full Senate. If it passes the Legislature, it will have to do so a second time before facing a public referendum.
Polls in recent years have shown that a plurality or a slim majority of Pennsylvanians support abortion rights, meaning the measure would face a tough fight even if it cleared legislative hurdles.
Dems seek constitution limits
Meanwhile, some Democrats are moving to raise the bar for constitutional amendments.
In a memo this week, Rep. Ryan Bizzarro, D-Erie, and Rep. Pam Snyder, D-Greene, said they would seek to require a two-thirds majority in each General Assembly chamber to change the state’s highest document.
“Changes to the state constitution, while sometimes necessary, require serious forethought, debate and participation from more than just a simple majority of elected members,” the sponsors said.
Amid the surge of GOP attempts to change the constitution, other Democrats have sought unsuccessfully to tighten the process. A bill proposed last year would have required constitutional ballot questions to appear only during general elections, increasing the likely number of voters involved.
Investigators target Trump electors
Federal law enforcement and a congressional panel are investigating the slates of false electors that aimed to swing the 2020 election to then-president Donald Trump – including in Pennsylvania.
In the past few days, members of the House committee investigating the Jan. 6 Capitol riot publicly turned their attention to the electors, who claimed to legitimately represent seven states in the Electoral College. The electors filed documents claiming Trump had won over Joe Biden in those states, a shift that would have meant a nationwide Trump victory.
This week, CNN quoted a Justice Department official who said federal prosecutors are reviewing the electors’ filings.
“Our prosecutors are looking at those and I can’t say anything more on ongoing investigations,” Deputy Attorney General Lisa Monaco told the network.
The electoral slates convened in the chaotic weeks after the election, when Trump and his allies claimed the election had been rigged in Biden’s favor. Those claims culminated in Trump’s Jan. 6 Washington rally and the ensuing riot at the Capitol building.
Pennsylvania’s alternate electors met in December, according to federal documents published by the anti-Trump watchdog outlet American Oversight. On Dec. 14, they attempted to throw the state’s votes to Trump, although the effort failed.
The 20 electors included former congressman Lou Barletta, Allegheny County Council member Sam DeMarco III and onetime Trump Pennsylvania campaign chair Ted Christian. Several GOP members originally slated to serve as electors in case of a Trump victory did not sign the certification of a Trump victory and were replaced, according to the files.
House investigators said they’re looking into the false electors’ role in efforts to swing the election.
“We want to look at the fraudulent activity that was contained in the preparation of these fake Electoral College certificates,” Rep. Jamie Raskin, D-Md., told reporters, “and then we want to look to see to what extent this was part of a comprehensive plan to overthrow the 2020 election.”
Ryan Brown covers statewide politics for Ogden Newspapers. He can be reached at rbrown@altoonamirror.com.