February 22, 2006

AND JUSTICE KENNEDY STARTS TO SQUIRM

Vote Due on South Dakota Bill Banning Nearly All Abortions (Monica Davey, NY Times, 2/22/06)

Lawmakers here are preparing to vote on a bill that would outlaw nearly all abortions in South Dakota, a measure that could become the most sweeping ban approved by any state in more than a decade, those on both sides of the abortion debate say....

Optimistic about the recent changes on the United States Supreme Court, some abortion opponents say they have new hope that a court fight over a ban here could lead to the overturning of Roe v. Wade, the 1973 decision that made abortion legal around the country....

For the moment, Mr. McConchie said he believed that those who oppose abortion should focus on measures to restrict and reduce abortions. Last year, state legislatures adopted more than 50 such restrictions — parental notification rules, waiting periods before abortions, requirements for clinics — and scores are pending again this year, abortion rights advocates said....

The proposed legislation, which states that "life begins at the time of conception," would prohibit abortion except in cases where the pregnant woman's life was at risk. Felony charges could be placed against doctors, but not against those seeking abortions, the measure says.

The proponents of the ban are betting that Justice Stevens is going to retire soon, giving the President a third opening on the Supreme Court. Without Justice Stevens retirement, there seem to be five solid votes to uphold Roe, which is why other abortion opponents want to concentrate on whittling down abortion rights. The problem with whittling the right down is the courts' insistence that there must be allowance made for any abortion to protect the health of the mother, that "health" includes mental health and that, as far as doctors are concerned, threats to mental health include things that might make the mother unhappy or induce stress. As to that loophole, see this remarkable blog post involving an abortion in Austrialia:
“It’s positive. You are pregnant.”
“Oh.”
“Do you know what you want to do?”
“I think I’m going to want to get an abortion.”
“I’ll go ahead and write you the referral now, so you have it if you decide that’s what you want to do.”
He picked up his referral pad and starting writing his referral to an abortion clinic for me. He spoke as he wrote the words down, “patient unable to cope with the emotional stress of pregnancy and childbirth.”

Posted by David Cohen at February 22, 2006 2:36 PM
Comments

My old home state of SD continues to be in the national forefront. Isn't there a rule that small states are to accept the federal money and shut their pie holes?

Posted by: Brad S at February 22, 2006 3:09 PM

It will be a hard stuggle, but winnable, nonetheless. What we must do is craft laws which protect the unborn angaist the claims that "I must kill my child or I'll go crazy," and "If I can't kill my child, I'll hurt myself."

The art is to attack on ground of our choosing, and to force the enemy to defend of ground of our choosing. The statutes must read as though maternal health is carefully protected while defining that health in way which exclude the euphemisms for baby-killings of convenience. Make the enemy defend the indefensible.

Those people will discern this, being evil, and not nececessarily stupid. They will argue this is the media, which is to our benefit, and in the courts, which will not avail them, for we have siezed the courts.

Posted by: Lou Gots at February 22, 2006 3:37 PM

I think that the majority of voters want there to be allowances made for any abortion to protect the health of the mother. If that allowance is abused occasionally, then so be it. As long as the abuse isn't so flagrant as to warrant comtempt for the law most people will let it slide.

Posted by: Brandon at February 22, 2006 3:45 PM

Recall the LA Times article last fall about "Dr." Tiller. They wrote about a woman who discovered late in her pregnancy that her child had Down's Syndrome, and since she couldn't imagine raising such a child, her mental health was at risk, justifying her abortion. Of course, when you kill a third-term baby through injecting directly into it whatever nasty things they use, the baby sort of freaks out. And this is sort of traumatic for a mother. So this poor woman essentially now has PTSD and her health is pretty much destroyed. But she probably would have been much worse raising a child with some sort of imperfection...(yes, I know that raising a profoundly handicapped child is Not Easy, but this woman had no idea what level of severity of Down's her baby had).

Posted by: b at February 22, 2006 3:59 PM

Paul Weyrich said this weekend that the rumor is that Stevens is so impressed by the quality of Roberts and Alito that he's told the WH he's retiring.

Posted by: oj at February 22, 2006 4:13 PM

You rumor monger you.

Posted by: Dave W at February 22, 2006 6:14 PM

Brandon: The health of the mother exception, if understood to include mental health, swallows the rule. It becomes the unhappiness of the carrier exception.

Posted by: David Cohen at February 22, 2006 6:15 PM

What an incredible link. I've noticed before biographical stories about relationships destroyed when men urge their partners to have abortions, even with women who are ultra-modern and claim to have wanted the abortion too. (John Mortimer was one). There seems to be something visceral and atavistic in women that causes them to to despise men who urge them to abort, even when they think that is what they themselves want too. I simply can't imagine why.

Posted by: Peter B at February 22, 2006 8:00 PM

Because women know instinctively that it isn't merely a clump of cells but a real baby they are killing.

Posted by: sharon at February 23, 2006 6:38 AM

"There seems to be something visceral and atavistic in women that causes them to to despise men who urge them to abort, even when they think that is what they themselves want too. I simply can't imagine why"
>>
That's nice, and I agree with you, but for every poignant anecdote about emotional torment, there are a dozen cases of women scarcely giving it aecond thought, and a dozen more of women who regretted being in the situation, but aren't emotionally devastated as a result. Argument by anecdote may gather kudos in the blogosphere, but it isn't a majoritarian argument.

The problem with Roe, IMHO, isn't it's moral turpitude, it is its Constitutional recklessness. This ought to be a state-by-state matter, just like capital punishment, just like right-to-die, just like medicinal marijuana and other drug-related issues. Put it back in the hands of the states, and let the federal officials deal with, well, federal issues.

Posted by: Dean Moriarty at February 23, 2006 11:09 AM
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