SB 118-47: Constitutional Amendment to Preserve Healthcare - SENT TO THE PEOPLE

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Senate Resolution
To Preserve Healthcare

Be It Resolved in the Atlasian Senate Assembled, that upon ratification by 2/3rds of the Regions, the Fifth Constitution of Atlasia shall be amended as follows:

(...)

Section 13
The right of citizens of the Republic of Atlasia to health care, including but not limited to care necessary to prevent and treat illness, shall not be denied. Furthermore, no law shall prohibit, penalize, delay, or restrict healthcare when necessary to protect the patient's physical health, as determined by the patient's healthcare provider. A region's decision to reject federal abortion funds, or decline to use its own funds to pay for abortions, shall not be interpreted as a violation of this section.

(...)

This Constitutional Amendment shall enshrine the freedom to healthcare access. This shall prohibit the national government, or any regional governments, from enforcing measures designed to outlaw or criminalize medically necessary procedures.

Sponsor: Pyro
Occupying: Slot 4

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

I will be strongly opposing this because it goes against the letter and spirit of the deal a bipartisan majority of this body just signed off on to return the issues of Euthanasia and Second/Third Trimester Abortions to the regions.

Further, it would impact existing abortion law in my and the sponsor's home region of Lincoln. Lincoln maintains a firm 24 week limit on abortion rather than the more vague 'viability' standard imposed here. Further, while Lincoln does provide a health exemption afterward, it specifically limits it to 'physical health' to avoid the ability to use financial, economic, or purely mental or age-related justifications for abortion at such a late stage. Both of these provisions, both of which the sponsor voted to keep in place when repealing a previous 20 week limit, would be struck by this amendment with no input from the regional legislature. Further, I believe a court could reasonably interpret the Region's budgetary Hyde amendment to be a "delay" on reproductive healthcare and strike that down as well. That amendment was updated and reaffirmed by the regional legislature and governor just a few short weeks ago when approving the budget for the new fiscal year. To strike it down would clearly go against what the region wants.

[Pyro]

Abortion is a human right. This enshrines that right into the Constitution.

Simple as that.

Lincoln maintains a firm 24 week limit on abortion rather than the more vague 'viability' standard imposed here.

Viability is generally 23-24 weeks. This is a medically-accepted standard.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Abortion is a human right. This enshrines that right into the Constitution.

Simple as that.

Lincoln maintains a firm 24 week limit on abortion rather than the more vague 'viability' standard imposed here.

Viability is generally 23-24 weeks. This is a medically-accepted standard.

A quick Google search provided dates of 20, 23, 24, and 26 weeks as the 'standard'. Lincoln long ago striked that nebulous limit in favor of a more firm limit. For many moons it was 20 weeks, then it was relaxed to 24, but the point is the people of Lincoln prefer the firm standard they have established and I will defend their right to have such a law.

[Pyro]

Abortion is a human right. This enshrines that right into the Constitution.

Simple as that.

Lincoln maintains a firm 24 week limit on abortion rather than the more vague 'viability' standard imposed here.

Viability is generally 23-24 weeks. This is a medically-accepted standard.

A quick Google search provided dates of 20, 23, 24, and 26 weeks as the 'standard'. Lincoln long ago striked that nebulous limit in favor of a more firm limit. For many moons it was 20 weeks, then it was relaxed to 24, but the point is the people of Lincoln prefer the firm standard they have established and I will defend their right to have such a law.

As I've said, viability is a generally accepted standard that highlights the legal and ethical standards for medical care, and it can change depending on studies concerning survival outside of the womb. In the interest of compromise, though, would you favor altering this language from "viability" to "24 weeks"?

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

This is a version of the amendment that I could support proceeding to referendum. This version would not impact any Lincoln Law of which I am aware.

Senate Resolution
To Preserve Reproductive Healthcare

Be It Resolved in the Atlasian Senate Assembled, that upon ratification by 2/3rds of the Regions, the Fifth Constitution of Atlasia shall be amended as follows:

(...)

Section 13
The right of citizens of the Republic of Atlasia to health care, including but not limited to care necessary to prevent and treat illness, shall not be denied. Furthermore, no law shall prohibit, penalize, delay, or restrict reproductive healthcare, including the termination of a pregnancy, before viability 24 weeks of gestation or when necessary to protect the patient's physical health, as determined by the patient's healthcare provider. A region's decision to reject federal abortion funds, or decline to use its own funds to pay for abortions, shall not be interpreted as a violation of this section.

(...)

This Constitutional Amendment shall enshrine the freedom to reproductive care access. This shall prohibit the national government, or any regional governments, from enforcing measures designed to outlaw or criminalize abortion before viability24 weeks.

[Pyro]

I will accept the proposed changes.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

Amendment is adopted

[Joseph Cao]

The sponsor is certainly old enough to remember that beyond what is or isn't "simple as that," both parties agreed for a long time to keep issues like these out of the federal government's line and certainly out of Constitutional amendment territory for the sake of the game itself to keep from fixing a given issue and stunting its playability in the game.

Then again, I am given to understand that the sponsor was just as eager back then as he is now to impose his own beliefs on every player in the game at the cost of basically everyone else.

[Pyro]

The sponsor is certainly old enough to remember that beyond what is or isn't "simple as that," both parties agreed for a long time to keep issues like these out of the federal government's line and certainly out of Constitutional amendment territory for the sake of the game itself to keep from fixing a given issue and stunting its playability in the game.

Then again, I am given to understand that the sponsor was just as eager back then as he is now to impose his own beliefs on every player in the game at the cost of basically everyone else.

Federal action is necessary when we're talking about safeguarding healthcare. Clearly, those on the opposing side of this issue likewise believe the federal government should be involved, although I have not seen your criticism directed at any of those proposals this session. But, regardless, if we were to allow full regional authority as you imply is your position, doing so will mean denying millions access to basic reproductive care, exemplified by the South's trigger law.

[Joseph Cao]

The sponsor is certainly old enough to remember that beyond what is or isn't "simple as that," both parties agreed for a long time to keep issues like these out of the federal government's line and certainly out of Constitutional amendment territory for the sake of the game itself to keep from fixing a given issue and stunting its playability in the game.

Then again, I am given to understand that the sponsor was just as eager back then as he is now to impose his own beliefs on every player in the game at the cost of basically everyone else.

Federal action is necessary when we're talking about safeguarding healthcare. Clearly, those on the opposing side of this issue likewise believe the federal government should be involved, although I have not seen your criticism directed at any of those proposals this session. But, regardless, if we were to allow full regional authority as you imply is your position, doing so will mean denying millions access to basic reproductive care, exemplified by the South's trigger law.

A trigger law that I am sure there will be lawsuits against any day now. Imagine, all that in-game activity generated by a single law!

Nothing has been proposed from the opposition that would "fix" abortion permanently in the game, and much as that would be nice from a pro-life perspective, I'd vote against it on the same grounds I have provided. Call me back when they go so far as to write it into the Constitution.

The Constitution already safeguards healthcare, in any case, so…

[fhtagn]

Motion to table, as the Constitution already protects healthcare as the sponsor is claiming to advocate for, so there is no valid need for this.

[reagente]

Motion to table, as the Constitution already protects healthcare as the sponsor is claiming to advocate for, so there is no valid need for this.

Seconding the motion.

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

A vote is open on Tabling

Nay

[fhtagn]

Aye

[Pyro]

Nay

[fhtagn]

Nay

Glad to see you admit it's not actually about healthcare.

[reagente]

Aye

[RFayette]

Aye

[Deep Dixieland Senator, Muad'dib (OSR MSR)]

Aye

[ChiefFireWaterMike]

Aye

[Coastal Elitist]

Aye

[Attorney General, Senator-Elect, & Former PPT Dwarven Dragon]

It's very interesting that the SNP is now adopting an "abortion is health care" argument when they would normally categorically reject that categorization. In any case, SCOA, post-reset, has never found an absolute right to abortion in the Constitution, nor the level of right to it suggested by this amendment. To the contrary, it actually upheld a TRAP law in the South and a (since-repealed) 20 week ban in Lincoln, both of which would not be permissible under this amendment. It is true that it overturned a six week ban in the South, but because we do not have the ability to do continuous overnight lawsuits and preliminary injunctions in this game, another version of said ban remains on the books today (although under current federal law, it is not enforceable before the 12 week point unless the reason for abortion is racist, sexist, or because of a fetal disability, and even then is subject to the limitations in SB 118-21).

The benefit of this amendment is it would put an end to having to sue over everything and instead make anything that delays or restricts abortion prior to 24 weeks, aside from Hyde-like provisions, automatically unenforceable, creating an enduring national standard rather than one dependent on the views of a particular senate, presidency, or Supreme Court and people's willingness to sue. That being said, I've made no commitment to vote for this when it is put before the people, only a commitment to get it to that point, but I do think it is an option worthy of the people's consideration.

[LAKISYLVANIA]

Nay

[Vice President Christian Man]

Aye