Women at Risk
By Judith Warner
When the Supreme Court voted 5 to 4 to uphold the federal Partial-Birth Abortion Ban Act this spring, the ambivalently pro-choice public was largely quiescent, believing, as Congress had previously ruled, that the procedure was “gruesome and inhuman,” medically unnecessary, highly controversial in the medical community and so rare as to be little missed. . .
The big problem with this, doctors say, is that, due to the unpredictability of how women’s bodies react to medical procedures, when you set out to do a legal second trimester abortion, something looking very much like a now-illegal abortion can occur. Once you dilate the cervix — something that must be done sufficiently in order to avoid tears, punctures and infection — a fetus can start to slip out. And if this happens, any witness — a family member, a nurse, anyone in the near vicinity with an ax to grind against a certain physician — can report that the ban has been breached. Bringing on stiff fines, jail time and possible civil lawsuits.
Justice Anthony Kennedy, writing for the court’s majority, asserted that prosecution for accidental partial births won’t occur; there has to be “intent” for there to be a crime. But as doctors now understand it, intent could be inferred by the degree of dilation they induce in their patients. What, then, do they do? Dilate the cervix sufficiently and risk prosecution, or dilate less and risk the woman’s health? And if they dilate fully, how do they prove it wasn’t their intent to deliver an intact fetus?
This dilemma is the latest product of the awful algorithm that, in anti-choice rhetoric of the past few decades, has increasingly pitted the “interests” of the fetus against the health of the woman. It makes the true intent of the partial-birth abortion ban clear: the point is not (in the short term) to stop seemingly brutal fetal deaths, but rather to make all abortions as burdensome, as difficult and as emotionally and physically trying for women — and for doctors — as possible.
Read more. . .
Judith Warner Abortion News Politics Partial Birth Roe v. Wade Reproductive Freedom Pro Choice Sexism Misogyny
