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Supreme Court Backs Ban on Partial Birth Abortion - Page 2

post #51 of 66
Quote:
Originally Posted by Catboreal
No, my problem is with people with no knowledge and less understanding making decisions for people who should be able to make them for themselves.

And my friend's situation has everything to do with the Supreme Court's decision. She was able to have the procedure because she had money and a car to get out of state to get the issue dealt with. Not every woman can do that. And now that the ban has been supported, more and more states are going to jump on the bandwagon, making it more expensive and harder to access, putting women's lives at risk.

How many other women will have to go through what my friend did and search for a surgeon who will perform a potentially life saving procedure? How many other women will have to go through dangerous abdominal surgery and lengthy recovery times instead of the safer D&X (partial birth abortion) because they don't have resources necessary to do so?

This has everything to do with a government and interfering in a private decision between a woman and her doctor about what is best for her.
Actually, a ban shouldn't make the procedure more expensive and difficult to obtain. It should make the procedure entirely unavailable.

I appreciate your outrage, but your friend was put into a difficult situation by an unconstitutional law enacted at the level of state. The Supreme Court's decision in the current case would have no bearing on her situation otherwise. Hopefully, Oklahoma's position can be, forcibly if necessary, brought into line with federal policy in this matter.

Currently, under that federal policy, your friend would have access to reproductive choice up to and including the third trimester of pregnancy. However, a partial delivery of the child for the purposes of termination would not be allowed.

I appreciate the increased pain and recovery time involved with abdominal surgery. However, I believe that this pain is offset by the pain endured by the fetus/child during the process of partial birth abortion. Person or no, the fetus eligible for partial birth abortion is a living entity with the anatomical and functional processes necessary to the perception of pain. Because of the existence of alternative methods, however distasteful, and the very real concerns regarding the inhuman treatment of the fetus, the findings of Congress concluded that partial birth abortion is "never medically necessary". Indeed, if your friend had the fetus fully delivered, a common approach to catastrophic genetic deformity, the child would have died naturally (most likely within seconds) without the added pain of surgical scissors stabbed into the base of the brain.

According to google, the bill did not maintain access for life-threatening pregnancies as the result of the AMA, which stated that partial birth abortion was irrelevant or even potentially injurious to the health of the patient. The AMA is not, to my knowledge, a religious organization.

Here are the findings of Congress, according to wikipedia.

Quote:
(1) A moral, medical, and ethical consensus exists that the practice of performing a partial-birth abortion--an abortion in which a physician delivers an unborn child's body until only the head remains inside the womb, punctures the back of the child's skull with a sharp instrument, and sucks the child's brains out before completing delivery of the dead infant--is a gruesome and inhumane procedure that is never medically necessary and should be prohibited.

(2) Rather than being an abortion procedure that is embraced by the medical community, particularly among physicians who routinely perform other abortion procedures, partial-birth abortion remains a disfavored procedure that is not only unnecessary to preserve the health of the mother, but in fact poses serious risks to the long-term health of women and in some circumstances, their lives.
I see in Scotts article posted above that the court disputes these findings or, at least, does not hold them as "dispositive". Their consensus seems to be that there is not conclusive proof that the procedure is medically necessary.

As for your comment about the "private decision", here is another quote taken from the comments on the blog posted aboe:

Quote:
They say the court's abortion jurisprudence is not about privacy but equal protection, even though Roe v. Wade said nothing about equal protection and relied upon the court's earlier privacy jurisprudence.

In support of this claim, they cite not the court's own holdings, but a law review article by a professor from the ideological fringe.

Perhaps it was hard to argue with a straight face that privacy extends to something close to infanticide.
post #52 of 66
I'm about as anti-religion (not non-religious, but anti-religious) as they come. I'm generally pro-choice, but I have had moral qualms about the procedures and practices involved in "partial birth" abortions. Sadly, religious rhetoric polarizes and distorts the ability to rationally discuss the issue, with pro-lifers feeling that any discussion creates a beachhead for banning abortions, and religious zealots agreeing.
post #53 of 66
Quote:
Originally Posted by wikipedia
(1) A moral, medical, and ethical consensus exists that the practice of performing a partial-birth abortion--an abortion in which a physician delivers an unborn child's body until only the head remains inside the womb, punctures the back of the child's skull with a sharp instrument, and sucks the child's brains out before completing delivery of the dead infant--is a gruesome and inhumane procedure that is never medically necessary and should be prohibited.
Otherwise known as the Christopher Reeve procedure.
post #54 of 66
How does that apply to a child with no brain or that is already dead?
post #55 of 66
Quote:
Originally Posted by Richard Dickson
How does that apply to a child with no brain or that is already dead?
I looked it up. A child born with Anacephalus usually has some lower brain, at least, or a brain stem that is often exposed due to the deformity of the skull.

As to the death, he may mean to say that the child died during the two-to-three day dilation period prior to the abortion, which often introduces infection or terminal stress into the delicate ecology of the womb. Because of these factors, one article I saw suggested that around a fifth of the fetuses undergoing partial birth abortion are dead prior to the partial delivery or die before the scissors are inserted into the base of the brain. Otherwise, it would seem more like a miscarriage. I don't know.
post #56 of 66
Quote:
Originally Posted by Dr. Necessiter
I know plenty of people who think very little of America's industry of abortion but will express disgust and outrage at the partial birth procedure.
So what? It's between doctors and their patients.

Quote:
Even if some folks support the right to choose, they will see the partial birth abortion as an abuse of that freedom.
So what? It's between doctors and their patients.
post #57 of 66
Quote:
-is a gruesome and inhumane procedure that is never medically necessary and should be prohibited.
Nice encyclopedia.
post #58 of 66
Thread Starter 
Quote:
Originally Posted by Seabass Inna Bun
Nice encyclopedia.
The Wikipedia article in question was quoting Congress's findings in the Partial-Birth Abortion Ban Act, not presenting Congress's statement as fact.
post #59 of 66
More and more every day I wish there were more abortions.
post #60 of 66
Quote:
Originally Posted by jonvoight's car
The Wikipedia article in question was quoting Congress's findings in the Partial-Birth Abortion Ban Act, not presenting Congress's statement as fact.
Well that's completely different then.
post #61 of 66
Thread Starter 
According to the language of the bill in question, there is an exception to criminal prosecution when it involves certain threats to the life of the mother.

Quote:
Sec. 1531. Partial-birth abortions prohibited

`(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment.

...

(d)(1) A defendant accused of an offense under this section may seek a hearing before the State Medical Board on whether the physician's conduct was necessary to save the life of the mother whose life was endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.
And the mother may not be prosecuted for having the procedure performed.

Quote:
(e) A woman upon whom a partial-birth abortion is performed may not be prosecuted under this section, for a conspiracy to violate this section, or for an offense under section 2, 3, or 4 of this title based on a violation of this section.'.
post #62 of 66
Quote:
Originally Posted by jonvoight's car
According to the language of the bill in question, there is an exception to criminal prosecution when it involves certain threats to the life of the mother.



And the mother may not be prosecuted for having the procedure performed.
In the end this sounds like a fairly reasonable bill.
post #63 of 66
Quote:
According to the language of the bill in question, there is an exception to criminal prosecution when it involves certain threats to the life of the mother.
And who decides? How many opinions are needed? How long is it going to take?

Just adds a level of bureaucracy that shouldn't be there.
post #64 of 66
Thread Starter 
Quote:
Originally Posted by Catboreal
And who decides? How many opinions are needed? How long is it going to take?
Presumably, the treating physician decides, with a review by the state medical board should the treating physician's decision be challenged.
post #65 of 66
Quote:
Originally Posted by Pop Zeus
That's not the point. There's a way of making sure that Ms. Aborts-A-Lot and her obgyn, Dr. Mengele aren't sitting there torturing babies without telling doctors what medical procedures they can and cannot perform.
Not to trivialize the discussion, but SIGGED.
post #66 of 66
I'm really confused by alot of this. I'm just going to grab Necessiter's post because he touches on multiple ideas expressed by numerous people.

Quote:
Originally Posted by Dr. Necessiter
But that's the thing, Donde. we're not talking about taking the life of an "unborn child" (and that's a dangerous phrase for a pro-choice perspective, at any rate). We're discussing the destruction of a partially born infant. We're getting into that gray area between pregnancy and delivery.
I've never understood the sentiment of having different feelings for the termination of a fetus/baby/infant/child/zygote/whatever depending on its location (in or out of womb). Whatever IT is, pulling it out of the mother doesn't change it at all. If it is ok to terminate/kill/destroy/slice/dice/whatever inside the womb, it should be just as ok outside, right?

Quote:
Originally Posted by Dr. Necessiter
Most of us would agree that killing a born child is murder. Many of us can agree that terminating the life of a fetus is NOT murder. Partial birth abortion pushed into the realm between those two distinctions.
Like I said above, I completely disagree. Something is a human life deserving of protection or it isn't. Shouldn't this be based on the organism itself? Perhaps some measure of brain functioning (which I believe is how we legally define whether an adult is a live, human being or not)?

Quote:
Originally Posted by Dr. Necessiter
The Supreme Court, in my understanding, just drew a clear distinction and defined that gray area as out of bounds. Conceptually, this clarity of definition could, if managed carefully, strengthen the argument for the preservation of biological choice in regards to children (or "tissue") in the womb. At the level of argument, this ban could work AGAINST the pro-life contingency.
I completely agree. This could serve to set in place the birthing process as the defining point between human life and disposable tissue, which would completely halt the pro-life movement in its tracks.

I think there is a happy median somewhere, but I don't think this is it.

I wish people would move the abortion debate more into the realm of science, logic, and ethics and out of the realm of emotion.
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