McDonnell denounces ultrasound bill; House passes weaker version

UPDATE: 4:55 p.m.

After days of unrelenting criticism, the House of Delegates today passed a weakened version of the ultrasound mandate after consultation with Gov. Bob McDonnell, amending it so that women could reject a procedure if it must be done vaginally

The bill would still require that all women having an abortion undergo an ultrasound to determine the gestational age, but women subject to a transvaginal procedure would be able to decline.

Oftentimes, the procedure must be performed that way, versus on the abdomen, early in a pregnancy.

Because the House made changes to a Senate measure -- Senate Bill 484, sponsored by Sen. Jill Holtzman Vogel, R-Fauquier -- it must go back before the Senate with the changes.

But this afternoon, Vogel indicated she will try to strike her bill.

“There are moments when you are a legislator when you have to stop and you have to have a moment of real conscience,” Vogel said. “I sort of had that moment this morning considering the outcome and the fate of this bill.”  

Vogel said that after hearing from constituents, including doctors, that she did not “feel in good conscience that I want to carry the bill in its current form.”

The changes to Vogel's bill, proposed on the House floor this afternoon, came as McDonnell issued a statement saying he opposes requiring Virginia women to undergo a mandatory transvaginal ultrasound before having an abortion.

Having reviewed the current proposal: "I believe there is no need to direct by statute that further invasive ultrasound procedures be done," he said in a statement.

"Mandating an invasive procedure in order to give informed consent is not a proper role for the state. No person should be directed to undergo an invasive procedure by the state, without their consent, as a precondition to another medical procedure."

Del. David B. Albo, R-Fairfax, who sponsored the substitute that passed in the House 65-32 said the changes were a result of a meeting between McDonnell, his staff and members from the House.

“This floor amendment that you see here, was requested by the governor and then was refined by myself and other members of the House and I hope that it will resolve much of the controversy in the bill,” he said on the House floor.

But Democrats argued against the measure after an unsuccessful attempt to send it back to committee.

Del. Charniele Herring, D-Alexandria, said the substitute “does more harm.”

“This is a prime example why legislators should not walk into the doctor’s office and dictate what should happen,” she said.

The bill has drawn national attention. About 1,000 people rallied at the Capitol on Monday to oppose abortion-related measures, which have been the focus of multiple national news reports and a "Saturday Night Live" skit and a segment on "The Daily Show" with Jon Stewart.

The pressure has continued, with several groups advocating women's health today delivering petitions to the governor's office in opposition to the ultrasound legislation and a pending "personhood" bill, which would define life as beginning at conception. Another rally is scheduled Thursday at Capitol Square.

The original measure didn't specify what type of ultrasound would be performed, but often a transvaginal procedure must be used early in a pregnancy. The bill would require a medical professional to perform the ultrasound to determine gestational age. The woman would be given the opportunity to see the image and receive a printed copy.

Supporters of the bill say that is already common practice, but opponents argue that mandating it infringes on a woman's rights.

Seven states mandate that an abortion provider perform an ultrasound on women seeking an abortion and require the provider to offer the woman the opportunity to view the image.

A recently released Christopher Newport University/Richmond Times-Dispatch poll showed that the majority of Virginians reject the measure. Of those surveyed, 55 percent say they oppose the legislation while 36 percent support it.

The House version of the bill, sponsored by Del. Kathy Byron, R-Campbell, is sitting in the Senate Education and Health Committee and has yet to be considered. Byron said this afternoon that she plans to amend her bill to match the House substitute. 

(This has been a breaking news update.)

4 p.m.

The House of Delegates has voted 65-32 to approve a substitute version of the ultrasound bill that would not require women to undergo an invasive procedure before getting an abortion.

Under the substitute, sponsored by Del. David B. Albo, R-Fairfax, women would still be required to have an ultrasound before an abortion to determine the gestational age, but women subject to a transvaginal procedure would be able to decline.

Oftentimes, the procedure must be performed that way, versus on the abdomen, early in a pregnancy.

The woman would still have an opportunity to view the image and receive a printed copy.

Sen. Jill Holtzman Vogel, R-Fauquier, the bill's sponsor, now says that she wants to strike the bill. That means senators could vote to kill the amended version when it returns to the Senate for approval.

(This has been a breaking news update.)

UPDATE 2:45 P.M.:

Gov. Bob McDonnell this afternoon said he opposes requiring Virginia women to undergo a mandatory transvaginal ultrasound before having an abortion.

Having reviewed the current proposal: "I believe there is no need to direct by statute that further invasive ultrasound procedures be done," the governor said in a statement.

"Mandating an invasive procedure in order to give informed consent is not a proper role for the state. No person should be directed to undergo an invasive procedure by the state, without their consent, as a precondition to another medical procedure."

McDonnell said he has recommended to the General Assembly a series of amendments to the bill "to explicitly state that no woman in Virginia will have to undergo a transvaginal ultrasound involuntarily."

"I am asking the General Assembly to state in this legislation that only a transabdominal, or external, ultrasound will be required to satisfy the requirements to determine gestational age," McDonnell says in the statement. "Should a doctor determine that another form of ultrasound may be necessary to provide the necessary images and information that will be an issue for the doctor and the patient. The government will have no role in that medical decision," it reads. 

McDonnell has tempered his earlier support for the ultrasound measure.

In late January, he said on a radio show that "to be able to have that information before making what most people would say is a very important, serious, life-changing decision I think is appropriate."

More recently, however, McDonnell has been less decisive, with his spokesman telling the Times-Dispatch on Saturday that "if the bill passes he will review it, in its final form, at that time." This morning, McDonnell refused to answer questions about it after a news conference on an unrelated matter. He would only tell reporters that he's concerned about the budget as he walked away.

House Republicans now have before them a substitute to the ultrasound mandate measure that would allow women to reject the procedure if it must be done vaginally.

Under the substitute proposed by Del. David B. Albo, R-Fairfax, women would still be required to have an ultrasound before an abortion to determine the gestational age, but women subject to a transvaginal procedure would be able to decline.
Oftentimes, the procedure must be performed that way, versus on the abdomen, early in a pregnancy.

The woman would still have an opportunity to view the image and receive a printed copy.

The chamber has not yet started to debate the bill.

(This has been a breaking news update.)

Not long after the House of Delegates session began this afternoon, the body's minority leader tried unsuccessfully to send the ultrasound requirement measure back to the Courts of Justice Committee. The motion failed 33-67.

Del. David J. Toscano, D-Charlottesville, urged the body to send the contentious bill for more work in committee, where the public can comment on any proposed language.

"In my view, I'm not sure this bill can be fixed but if any group can fix it, it's the House Courts of Justice Committee," he said.

Del. Joseph D. Morrissey, D-Henrico, stood to push for a vote on the bill today and urged Republicans to reconsider their support.

 "We are paid and we are elected to make some very difficult choices," he said.  "It seems that there are a lot of people running from this bill," he said, suggesting that Gov. Bob McDonnell is reconsidering past support for the concept.  "Redemption is good," he added. 

Del. Robert G. Marshall, R-Prince William, pointed to the fact that clinics throughout out the state already perform ultrasounds as standard practice for women before an abortion.

“Some Republicans want to back away from this instead of presenting the public with the truth, the whole truth and nothing but the truth,” Marshall said.

(This has been a breaking news update.)

Jon Stewart and "The Daily Show" on Tuesday night became the latest to satirize a measure pending in Virginia's legislature that would require women to undergo an ultrasound before having an abortion.

The House of Delegates has twice delayed votes on the Senate's version of the requirement and is expected to again consider it today.

In most cases, the ultrasound would have to be performed vaginally because the procedure is performed in the first trimester.

That has led to fierce opposition from women's rights advocates, who say the requirement is wildly invasive.

Del. Charniele L. Herring, D-Alexandria, and others have characterized the legislation as "state-sponsored rape."

The proposal has been skewered nightly this week on MSNBC and "Saturday Night Live" lampooned the measure over the weekend.

If approved, the bill is on to Gov. Bob McDonnell, whose position on the issue is in flux.

Last month, McDonnell indicated support for the concept on a radio show but more recently has said through a spokesman that he'll consider the bill's language if it reaches his desk.

McDonnell this morning declined to answer questions about the ultrasound measure after he held a news conference on an unrelated measure.

He would only tell reporters that he is concerned about the state budget. The Senate spending plan could face a stalemate Thursday in that chamber, which is divided with 20 Democrats and 20 Republicans. The state constitution bars a lieutenant governor from breaking a tie vote on the budget.  

This morning, several groups supporting women's rights delivered a petition signed by more than 33,000 Virginians to McDonnell's office.

Meanwhile, rumors are swirling at the state Capitol that efforts are afoot within the House Republican Caucus to soften the legislation by making the ultrasound voluntary rather than required.

Asked Tuesday whether GOP lawmakers were trying to alter the legislation, Del. David B. Albo, R-Fairfax, declined comment.

(Olympia Meola contributed to this report.)