Family Foundation, GOP lawmakers cry foul over abortion bill

Legislation that would make it a criminal offense to force an individual to have an abortion sparked a rules fight in the Senate Courts of Justice Committee Wednesday.

An interpretation of Senate procedures on which committees have dominion over abortion-related measures was at the center of a dispute over the bill being carried by Sen. Ralph Smith, R-Roanoke.

Democrats successfully sent it to the Education and Health Committee, the panel that typically considers abortion bills.

But some Republicans argued it should remain in Courts of Justice because it involved the potential imposition of a criminal penalty.

Here's an edited (and somewhat grainy) clip of the exchange in the Senate committee Wednesday posted to the YouTube page of Virginia's Family Foundation, a social conservative advocacy group.

Following the debate, Smith's bill was sent to the health committee on a 9-6 party line vote. Sen. Roscoe Reynolds, D-Henry, broke ranks with fellow Democrats, stating he felt the legislation had properly progressed through the courts committee.

Sen. Mark Obenshain, R-Harrisonburg, suggested that Democrats were trying to send the bill to another committee where they have the votes to defeat it.

(The Senate health committee has 10 Democrats and 5 Republicans. The ratio is the same on courts.)

Below are excerpts from the 2010 Senate Rules spelling out which committees have jurisdiction over bills based on subject matter.

18 (c). A Committee for Courts of Justice, 15 Senators, to consider matters relating to the Courts of the Commonwealth and the Justices and Judges thereof, including the nominations of such Justices and Judges where provided by the Constitution and statutes of Virginia; and all matters concerning the criminal laws of the Commonwealth; together with all matters concerning contracts, domestic relations, eminent domain, fiduciaries, garnishments, homestead and all other exemptions, immigration (with the exception of matters relating to the powers of the Governor or education), magistrates, mechanics' and other liens, notaries public and out-of-state commissioners, property and conveyances (except landlord and tenant and condominium matters), wills and decedents' estates. It shall report to the Senate the names of such persons as it shall find qualified for election as a Justice or Judge of the Commonwealth. Senators, all or part of whose Senate Districts are within the Circuit or District for which a Judge is to be elected, shall jointly nominate a qualified person for such election. If such Senators are unable to agree on a nominee, a Senator shall only nominate a person deemed qualified by the Committee for Courts of Justice for any judicial position. Whenever a vacancy in the office of a justice of the Supreme Court or judge of the Court of Appeals is announced, the Chairman of the Committee for Courts of Justice shall establish a date certain by which any Senator may forward the name of any potential nominee for such office to the Chairman.

18 (d). A Committee on Education and Health, 15 Senators, to consider matters concerning education; human reproduction; life support; persons under disability; public buildings; public health; mental health; mental retardation and health professions. 

-- Julian Walker

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