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House fails to override Cooper's veto of abortion bill

After weeks of delay, House Republicans on Wednesday failed in their attempt to override Gov. Roy Cooper's veto of the "born alive" abortion bill.

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By
Matthew Burns
, WRAL.com senior producer/politics editor, & Laura Leslie, WRAL Capitol Bureau chief
RALEIGH, N.C. — After weeks of delay, House Republicans on Wednesday failed in their attempt to override Gov. Roy Cooper's veto of the "born alive" abortion bill.

The House voted 67-53 after almost an hour of emotional debate to override the veto, falling five votes short of the three-fifths majority needed for an override.

Senate Bill 359, the Born-Alive Abortion Survivors Protection Act, would make it a felony for a doctor not to provide care for an infant born after a botched abortion. It also would create a duty for other health care professionals to report any such failure to act.
Lawmakers passed the measure in April, but Cooper quickly vetoed it, calling it "an unnecessary interference between doctors and their patients" because state law already protects newborns.

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Rep. Pat McElraft, R-Carteret. insisted Wednesday that isn't the case as she pleaded for an override.

"Babies born from an abortion are not protected in our statutes," McElraft said. "Why should those babies not have the same rights as a baby born naturally?"

A number of override supporters argued that the bill isn't about abortion rights, only about human decency.

"We're called to be kind and loving. That's all we're asking," said Rep. Greg Murphy, R-Pitt, the only practicing physician in the House. "Not rendering aid is an intentional act."

"You can be the most strident pro-choice supporter and vote for this bill," agreed House Speaker Tim Moore, who took the unusual step of leaving the dais to debate on the floor.

Moore later introduced two women in the gallery who had survived late-term abortions: Gianna Jesson and Claire Culwell.

Both women spoke at a news conference earlier in the day in which Republican lawmakers pushed for the override.

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"It's stunning how unmoved we are [about the issue]," said Jesson, who survived a saline abortion her 18-year-old mother sought in 1977 in Los Angeles. "Isn't anyone upset we're even having this debate?"

Culwell's 13-year-old mother had a dismemberment abortion that she survived, but she lost her twin in the procedure.

"Because we were given medical care, we are standing before you today. But that’s not always the case for every single child across this country," Culwell said. "Do the right thing. Do the good thing and fight for babies under any circumstances."

Rep. Deb Butler, D-New Hanover, was the lone veto supporter to speak during the debate. She called the bill "incendiary," saying it's meant only to stir up emotions on a volatile issue.

"There's absolutely no need to criminalize complex medical decisions," Butler said.

Cooper spokeswoman Megan Thorpe issued the following statement following the House vote: "It’s important to protect the lives of all children, and laws already exist to protect newborn babies. Instead of passing unnecessary legislation for political purposes, we need to move on from divisive social issues and focus on the needs of North Carolina families: education, health care and good-paying jobs."

Susanna Birdsong, senior policy counsel for the state chapter of the American Civil Liberties Union, said the bill was merely about "spreading lies and misinformation."

"Today’s failed effort to override the governor’s veto represents another defeat for extremist lawmakers whose ultimate agenda is to push abortion care out of reach for all North Carolinians," Birdsong said in a statement.

Moore disagreed, saying after the vote, "I’ve served in this House since 2003 and heard a lot of bills and debates, but this one was literally life and death – and a vote North Carolinians will never forget."

"It is a sad day for any state when elected officials lack the moral and ethical courage to stand for the life of a newborn baby, no matter the circumstance," Lt. Gov. Dan Forest, who's widely expected to run for governor next year, said in a statement.

The Senate overrode the veto on April 30, when Sen. Don Davis, D-Pitt, broke ranks with fellow Democrats to give the Republican majority the necessary 30-20 margin.

Reps. Charles Graham, D-Robeson, and Garland Pierce, D-Scotland, were the only House Democrats to vote for an override.

House leadership played a numbers game with the override vote in recent weeks, putting the measure on the floor calendar and then pulling it off once they determined they didn't have enough support to meet the three-fifths requirement for an override.

The on-again, off-again schedule occurred on May 2, 3, 6, 7, 15, 16, 20, 22 and 29.

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