April 6, 2022

JUDGES MAKE BAD LEGISLATORS:

Mississippi's mainstream abortion lawA 15-week limit isn't 'extreme' or 'radical.' By Western standards, it's normal. (Jeff Jacoby, April 6, 2022, Boston Globe)

The Journal's findings are roughly in keeping with what years of survey data have consistently shown: On the whole, Americans want abortion to be legal early in pregnancy or when there is a medical emergency, but they are against an unlimited right to abortion once a fetus is further along.

Contrary to what many abortion rights advocates may believe, an abortion limit of 15 weeks does not amount to a "near-total ban." Indeed, it would not affect most abortions. The overwhelming majority of abortions in the United States -- 93 percent, by the estimate of the Centers for Disease Control and Prevention -- are performed within the first 13 weeks of pregnancy. If the high court sustains Mississippi's law, it may put a dent in the extremely permissive abortion regime that Roe authorized, but it won't make abortion in America rare or illegal.

It would, however, make America less of an outlier among its international peers.

The United States is one of only seven nations that permit elective abortion past 20 weeks of gestation until fetal viability. As Chief Justice John Roberts remarked during the Dobbs oral argument in December, "we share that standard with the People's Republic of China and North Korea." (The other four are Canada, Singapore, the Netherlands, and Vietnam).

Of the 198 countries whose abortion laws were analyzed in a 2014 study by the Lozier Institute and a 2017 report by the Guttmacher Institute, roughly two-thirds allow abortion for specified grounds. These vary widely, from the very restrictive -- for example, in cases of rape or incest -- to the broadly permissive, such as mental well-being or socioeconomic concerns. The remaining countries, about 60 in number, permit abortion for any reason, but only for a specified gestational period, which in most cases is 12 weeks.

Among the nations of Europe, 13 countries prohibit abortion on demand entirely and allow a pregnancy to be terminated only in "exceptional cases," according to the European Centre for Law and Justice, which filed a friend-of-the-court brief in the Dobbs case. Of the remaining 34 countries where abortion can be accessed without having to give a reason, "eight states permit it only through the first 10 weeks of pregnancy, Estonia through 11 weeks, and a further 20 states through 12 weeks."

In short, the abortion laws of nearly every European country impose stricter gestational limits than the 15-week standard of the Mississippi law.



Posted by at April 6, 2022 12:00 AM

  

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