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SALT LAKE CITY — A lawmaker intends to do away with a "common" method of abortion in Utah though his efforts may be unconstitutional.
Rep. Curt Oda, R-Clearfield, introduced HB442, which would prevent dismemberment abortion — which includes dilation and evacuation, suction and curettage or suction aspiration procedures. It also aims to charge physicians who perform the abortion with a third-degree felony, unless the procedure is performed in a medical emergency, the bill states.
The Office of Legislative Research and General Counsel has noted that the proposed legislation "has a high probability of being declared unconstitutional by a court."
Gov. Gary Herbert suggested Thursday he could not back a bill seen as challenging the Supreme Court ruling legalizing abortion.
"This is no secret. I'm very much pro-life. But also pro-law and the rule of law is what we have to conduct ourselves with," the governor said, noting he was not familiar with the bill introduced earlier in the day.
Told about the constitutional concerns raised in a note on the bill, the governor said those will need to be addressed.
"I believe in the rule of law. I'm pro-life. I have a problem with Roe v. Wade, but it's the law of the land. So I'll wait to see what the bill is, if it comes to my desk," Herbert said. "We'll weigh in as we believe is appropriate, but we will adhere to the law of the land."
The Supreme Court has held that a woman has a constitutional right to terminate her pregnancy before viability, or prior to the time that there is a reasonable likelihood that the fetus could survive outside of the womb. With Oda's bill prohibiting at least one "commonly used and generally accepted" procedure, according to Legislature attorneys, it presents an "undue burden on the right of a woman to terminate her pregnancy before viability," which is against the law of the high court.
Other states have lost similar battles.
Oda could not be reached on Thursday for comment on his bill.
Contributing: Lisa Riley Roche Email: wleonard@deseretnews.com Twitter: wendyleonards
