Increased Pro-Life Strength in New Senate; Will Improve Prospects for Some Pro-Life Bills.

In the 108th Congress, which will conclude later this month, the U.S. Senate was the major bottleneck for some high-priority pro-life legislation, even though the top Republican Senate leadership was very supportive. We were ultimately successful in winning Senate approval of the Partial-Birth Abortion Ban Act and the Unborn Victims of Violence Act, but the latter measure survived a vote on a killer amendment by only a single vote, despite public opinion polls showing about 80% support for the concept of recognizing an unborn child as a legal victim when he or she is injured or killed during commission of a violent crime. A number of other important bills died because of anticipated filibusters.

The increased pro-life strength in the new Senate will improve the prospects for some bills that in the past have been stymied by filibusters or anticipated filibusters. This could include the Child Custody Protection Act, which would make it a federal crime to take a minor across state lines for a secret abortion, in violation of the parents' right to be notified beforehand. This bill has been passed three times by the House of Representatives, but has remained blocked in the Senate. We believe that the policy incorporated in this bill has overwhelming public support. The latest evidence of this came in Florida, where an amendment to the state constitution to advance parental notification for abortion passed 65-35% on November 2. An important new pro-life initiative, the Unborn Child Pain Awareness Act, was introduced last May. Under this bill, if a woman seeks an abortion after 20 weeks - - which is in the fifth month - - the abortionist would be required to provide her with certain accurate information about the capacity of the unborn child to experience great pain during the abortion. In addition, the abortionist would be required to provide the woman with a consent form by which she would accept or refuse administration of a pain-relieving drug to the unborn child.

The Wirthlin poll conducted after the election described this legislation and found 75% in support, including 51% strongly in favor. Only 18% of this national sample opposed the legislation. We hope to see this legislation move forward in the new Congress.

Roe v. Wade and the Senate

The four-seat gain for the Republicans has major implications with respect to future nominations to the federal judiciary, including the Supreme Court. For the first time in 52 years, a Senate party leader was defeated for re-election - - and Senator Daschle's leadership in the obstruction of many of President Bush's key judicial nominations was a major issue in that race.

Senator John Kerry repeatedly vowed that if elected, he would nominate to the Supreme Court, and perhaps even to the lower courts, only those who were committed to Roe v. Wade. That position was rejected by the American people. In a Washington Post poll conducted October 23-26, 49% of likely voters said they had more confidence in President Bush to choose future Supreme Court justices, while 42% said John Kerry.

Likewise, a Fox News/Opinion Dynamics poll conducted October 27-28 found that 48% of registered voters thought that President Bush "would do a better job on ... appointing justices to the U.S. Supreme Court," while 40% thought that Kerry would do a better job. The margin of error on these two polls was plus or minus 3%.