Abortion and the Supreme Court

Abortion and the Supreme Court

Okay, boys and girls.  It’s time for a lesson in civics.

The fate of legalized abortion rests with you – the voters.  Yeah, that might sound kind of corny but it’s true.

Let’s talk about whether or not abortion will remain legal in this country.  It drives me nuts when I hear someone say that Roe v Wade is “settled law.”  That’s total bull crap.  No, it’s double bull crap.

That issue of whether or not abortion will remain legal in this country ultimately rests with the U.S. Supreme Court.  Sure, the Congress could theoretically pass a constitutional amendment overturning Roe v Wade, but they tried that in the early 1980’s and got crushed.  They ain’t gonna try it again for a very, very long time.

So, the anti-abortion crowd has to look to the Supreme Court for assistance.  At this point, there are 6 members of the Court (out of 9) that appear to support legal abortion.  That includes Justices Sotomayer and Kagan, who have not voted on the issue publicly but who we assume are pro-choice.  I say it “appears” that we have six votes because most people count Justice Anthony Kennedy as pro-choice.  The problem is he is a wild card and has supported abortion restrictions.  Then there are three solid votes against legal abortion.  So far, so good.  The home team is up 6-3.

But let’s say that Kennedy suddenly starts having reservations about legal abortion for some reason.  If he switched, that brings the score to 5-4 in favor of Roe v Wade.  Then, jump to the year 2012 and suppose that President Obama is defeated for re–election, which is a distinct possibility at this point.  So, all of a sudden we have a President Palin or Gingrich (hand me the barf bag, please) to deal with come January, 2013.  Then, let’s say that one of our solid votes dies or resigns from the Court.  Justice Ginsburg, who is old and ill, comes to mind.  That means that the new right wing President suddenly has an opportunity to appoint a conservative judge who would be in favor of reversing Roe.  That makes if 5-4 for the bad guys.

Now, please don’t tell me that the Supreme Court relies very heavily on “precedent.”   That’s garbage.  The Supreme Court, as we saw in the Gore-Bush election case, is now a very partisan institution.  These are not sage, respected jurists who sit back with an open mind, then research the issue and hand down their opinion.  No, they already know how they feel about the basic issues and when a case comes before them they just pretend to listen to the oral arguments, then they go back to their chambers, tell their clerks what their decision is and instruct them to figure out the reasoning.

So, the bottom line is whether or not we have a pro-choice President or not.

And that’s entirely up to you.

Late Term Abortions

Late Term Abortions

The website, www.Abortion.com, has been providing a useful service to women seeking abortions for many years.  The site is a simple directory of abortion clinics throughout the country and hundreds of thousands of women have used it to procure abortion procedures.  Recently, the owners of the website added a new feature that should be applauded.

The vast majority of abortions are performed in the first trimester.  Sure, the anti-abortion movement likes to make it look like every abortion is performed hours before birth but that is simply not the case.  However, the Roe v Wade case did allow abortions to be performed in the third trimester for extenuating circumstances.  Generally, those abortions are performed when the pregnancy has gone terribly awry.

In this country, one in every thirty-three children is born with a birth defect.  Most of those defects are mild and can be managed surgically.  However, for some, the outlook is not so good.  Some babies will be severely challenged for life and some will simply not survive after the birth.  In some of those cases, a woman will reluctantly elect to abort that child.   As you can imagine, it is an incredibly difficult situation for everyone involved.  And before any anti-abortion folks suggest that these “defects” are very minor, I can tell you personally that I have seen what can happen to a baby in utero.  I have seen babies with two heads.  I have seen babies with their heart growing outside of their body.  It is absolutely horrible stuff.

When faced with this situation, it is very difficult to find a doctor in this country who will perform these physically and emotionally difficult abortions.  Perhaps the most well-known late term abortion doctor was Doctor George Tiller, who was murdered over a year ago by a crazed anti-abortion zealot.  In response to Doctor Tiller’s death, however, an unassuming physician from Nebraska stepped up publicly and announced that he would fill that void and perform those difficult abortions.  His name is Doctor Lee Carhart.

Therapeutic Abortion and Late Abortion

Therapeutic Abortion and Late Abortion

Doctor Carhart got his training in Pittsburgh and since 1998 he worked with Doctor Tiller at his clinic in Wichita, Kansas.  After Tiller’s death, many members of his staff moved to Nebraska to carry on the Tiller’s work.  As you can imagine, Doctor Carhart has now become a target for the anti-abortion movement and he has had to spend a considerable amount of money on personal security for him, his family and his staff.

The women who go to Doctor Carhart – women from all over the world – do not want to be there.  These are wanted pregnancies that have gone terribly awry.  They have elected to abort their child, an action that most of us (fortunately) could never comprehend.  In response, Doctor Carhart offers some very unique services for these women.  They include the availability of a chaplain, they will take hand and foot prints of the baby, they can arrange a cremation by a licensed Funeral Director and will return the ashes if so desired.  They will take pictures of the baby.  Yes, I know this is heart wrenching and it is hard to believe that these services are out there but Doctor Carhart is responding to the hundreds of women who are, in their mind, forced to undertake this very difficult step.

I want to applaud www.abortion.com because they have now put on their homepage a toll free number for women who are seeking abortions after 24 weeks.  Those phone calls will be routed directly to Doctor Carhart’s office in Nebraska.  It is easily viewed on that page but to give this number as much visibility as possible for those women in need, I’ll repeat it here:  1-800-595-3155

Therapeutic Abortion Late Abortion

Therapeutic Abortion Late Abortion

Abortion

Abortion NYT

This Sunday’s New York Times featured a story about the next generation of abortion doctors.  Generally speaking, it was a rather positive report on how more doctors are incorporating abortion services into their regular practice.  Good stuff.

I always found the discussion of the declining number of abortion doctors very interesting.  We all know that for many years, pro-choice groups were very concerned about the “graying” of the abortion doctors, i.e., how so many of them were getting up there in years.  Working in the field, I was aware of those doctors and, frankly, sometimes it almost scared me to see how old some of them were.

Some of those doctors were hanging in there because they knew that if they left, the clinic would close.  Or at least they thought that’s what would happen.  But other doctors kept performing abortions because that was all they knew and it just kept them busy.  Like so many American workers, they did not want to retire and fade into the distance.  And, yes, some abortion doctors still wanted or needed to make money, so they kept putting off retirement.

Now, when a doctor did retire it may have resulted in a clinic closing.  But, that doctor may have retired because the number of patients going to that clinic kept decreasing and it was getting hard to make ends meet.   That clinic may have soon closed anyway.  And in my experience it was very rare that a doctor retired and the clinic wound up closing because they could not find a replacement.

Indeed, there was the other side of the coin – cities where there were too many abortion doctors.  I can recall vividly getting calls from doctors who were looking for work in abortion facilities in cities like New York, Chicago, and Los Angeles.  In those parts of the country, there was a surplus of doctors.  At times, I was able to convince those doctors to take a position on some more isolated area and fly in for two or three days work.  But others just couldn’t find work.

One interesting thing to me regarding this whole debate was the statistic put out by the pro-choice groups which said something like “87% of the counties in the country do not have an abortion provider.”    Well, that was probably true, but abortion is such a specialized field and it should come as no surprise that you’re not going to find a doctor or a clinic in every Podunk town in America.  After all, think about other specialties.  Do you think there are retinal surgeons in every town or even a dermatologist?

To me, the issue was always access.  If a woman wanted an abortion, could she get one?  Of course it is hard to prove how many women did not get an abortion because there wasn’t a doctor nearby but my educated guess is that most women who wanted an abortion got one.  Yes, they may have had to travel a few hours to a clinic, like in states like North Dakota, but my sense also is that these women also often had to travel great distances for other services.  That is just the nature of the beast in rural parts of the country.

So, I’m certainly encouraged that there may be more abortion doctors coming up the chain but I also have the sense that they might wind up gravitating to where the patients are.  Meanwhile, we will still have issues in Idaho, Wyoming, South Dakota, but for the most part women who are looking for abortion services will be able to get them.

A few miles from where I sit, the anti-abortion crowd is assembling (in the rain) near the White House, getting ready for their annual March on Washington.  What I have never understood is how the anti-abortion movement made this “their” day?

They march to the Supreme Court, dragging little kids with them, making them holding disgusting signs.  They give vicious, anti-women speeches, they excoriate doctors who perform abortions, they swamp the Capitol Hill offices demanding that Roe v Wade be overturned.

Why are we not marching on the Capitol?   Why are we not celebrating this Supreme Court decision that liberated millions of women?  Why are we not barraging the media with stories of women who were saved by abortion?   Why are we not publicly praising this decision that gave women control over their own bodies? Why are we not thanking the doctors and staff that work at the clinics?

The anti-abortion movement has successfully stigmatized abortion, which has lead to an erosion of support for the pro-choice position.  Meanwhile, even the pro-choice movement tends to shy away from the word “abortion.”   Those of us who support abortion rights have to speak up about the benefits of the availability of this procedure.   We need to celebrate how abortion has actually saved hundreds and thousands of lives of women who, were it not for Roe v Wade, might be dead by a self-induced abortion. We do not need to be afraid of the word “abortion.”

Meanwhile, women who have had abortions need to speak up and talk about their experiences.   I trust women to be able to make this decision on their own, unlike anti-abortion zealots who want to control women, who want to force them to raise children.  But women whose lives were saved by abortion need to relate that experience and not hide in the shadows.   Their silence is deafening.  Over one million women a year receive an abortion.   Why are we still under attack?

We also should be celebrating the election of a pro-choice President. Barack Obama won a landslide, generation changing election while not shying away from his support for abortion rights.  We should be in front of the White House today, holding signs saying “Thank you, Mr. President.”

There will be battles ahead.   There will no doubt be vacancies on the U.S. Supreme Court that need to be filled.  Yet, while I am heartened that we have a pro-choice President, we must not let our guard down.  We must INSIST that the next appointments reflect the President’s support for abortion rights.

Today’s anniversary should be a wake up call to the pro-choice movement.  We need to take back Roe v Wade day, it is our day of liberation!   It’s too late to do anything on this particular day but let’s vow to reclaim this anniversary as a celebration of our essential freedoms!

Throughout the history of our nation every election has seemed monumentily important. Think back on all the slogans of every past election are they really all so different.

This author is not a historian so the question is rhetorical.

I urge an objective look at the records of the two very decent individuals running for office. I believe them both to have integrity in their convictions and a desire to do what is right. I grant them that.

My friends and fellow Americans it is now time to have the courage to follow your convictions and make a choice. A choice which may determine your choice and opportunity to govern your own body.

That is as serious as it gets.

Look back on 8 years and reflect.

Please make your voice heard. Vote.

Who would you vote for today?
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