By Dave Andrusko
Listen to Mary Spaulding Balch patiently explain the labyrinth that state legislators have to negotiate as they attempt to draft, perfect, and pass legislation and it's easy to see why she is as good as it gets. In answering my questions, her voice quietly rings with expertise, authority, passion, and hope.
That is when she isn't politely putting me on hold to take a call...and another call...and yet another call from people all over America who wish to tap into her vast pool of insight and experience.
"I am confident that we will get solid legislation this session," NRLC's director of state legislation told me, before apologizing for asking me to hold momentarily. A minute later Balch returns to finish her thought: "Just as what we're doing this time around built on recent successes, the progress we make in the states in 2004 will open new doors in 2005."
For NRLC state affiliates, state legislators, and attorneys general searching for the best way to pass or defend a pro-life proposal, Balch's office has long since become control central. It's not hard to understand why.
Success at passing legislation combines lots of experience in the legislative arena, tons of research, a keen appreciation of legislative and judicial dynamics, a vast database, and intuition. "It's both art and science," she explained, as she proceeded to rattle off the status of bills in legislatures all over the country.
Balch's days as a pro-life activist go back to the 1960s. The next time someone mentions "institutional memory," think of Balch. She is a walking repository of what has worked/not worked and why, and she is an authority on gauging what legislation ought to be proposed and - - (most important) - - when.
As of our conversation in early February, Balch described pro-life proposals as "largely at the embryonic stage." At this juncture, she explained, "one of our primary jobs is to get all our ducks in a row - - make sure that the laws we will be offering are as air-tight and error-free as possible."
Why is that so important? "A proposal that is not carefully crafted has a built-in trap door and your pro-life legislator may be the one who falls through it," Balch explained. "So often in the legislative process, if everything isn't just right, out of the blue your opponents offer a 'killer amendment' that makes all the work you've put in go for naught."
So what kinds of laws can we expect in 2004? I asked Balch. She politely refused to be too specific - - "our opponents do read National Right to Life News, you know" - - with respect to which states the laws would be proposed in.
"But let's just say we should have success passing 'Unborn Victims of Violence' acts, one or more 'Women's Right to Know' laws, some solid bans on human cloning, and laws that mandate that abortion clinics meet certain minimal reporting requirements," Balch said.
The latter she used to illustrate what is for her a foundational truth when dealing with reluctant legislators: "Once they vote pro-life and the walls don't come tumbling down on them, it's a lot easier to get them to vote pro-life the next time."
Legislatively, New Hampshire was once likened to the Bermuda Triangle. Proposals were sent up and never heard from again.
But in recent years, all this has changed. New Hampshire passed a "Born-Alive Infant Protection Act" followed by enactment last year of a parental notification measure. This session an abortion clinic reporting requirement passed out of a House committee with a "do pass" recommendation.
"It's all about knowing the issues, knowing your opposition, knowing what resources you can bring to bear, and knowing the terrain," Balch explained. "The environment for passing protective legislation continues to get better and better and better." Why? "Largely because we have the truth, we're better organized, represented by more and more pro-life legislators, and able to make converts on some issues."
Is she optimistic? Is the sun hot? "We have the momentum," she said. "It's up to us to run with it."