Our view on 'partial-birth' abortion: Congress claims an M.D.
Justices will decide whether politics can set medical facts.
The U.S. Supreme Court hears arguments today on whether to uphold Congress' 2003 ban on what doctors call "intact dilation and evacuation" and what critics call "partial-birth abortions."
By whatever name, the procedure is awful to contemplate. But to let the ban stand, the court would have to pretend that Ilene Jaroslaw does not exist.
Jaroslaw, a 43-year-old New York City lawyer, is agonizing proof that this procedure is sometimes necessary to protect a mother's health — something that Congress, in its scientific wisdom, found "is never necessary." (Read the Opposing view.)
About four months pregnant in May 2003, Jaroslaw learned that the fetus she was carrying had a fatal spinal cord and brain defect. "There was absolutely no hope at all" that the baby would survive for long, she told USA TODAY reporter Joan Biskupic. Because Jaroslaw wanted another child and had had two cesarean sections and other surgery, her doctor recommended an abortion procedure that would do as little damage as possible to her uterus. She agreed.
The 2003 law, passed a few months later, would have prevented that choice. The law, tied up in the courts since its passage, simply ignores cases like Jaroslaw's and asserts that such abortions are never important to a woman's health.
The obvious place to seek an authoritative opinion is the doctors who handle such procedures. Some physicians oppose the banned procedure, but the American College of Obstetricians and Gynecologists says it has safety advantages, particularly for women with serious medical conditions; it can avert "massive hemorrhaging, serious infection and subsequent infertility."
Nor does the law target one procedure, as supporters claim. It is so vague that it threatens an array of safe abortion procedures used after the 12th week of pregnancy, when about 11% of the estimated 1.3 million abortions are performed in the USA each year.
The congressional sleight of hand is instead an effort to see whether the Supreme Court is willing to accept Congress' medical opinions, even if they lack scientific validity.
Six years ago, the court by a 5-4 vote struck down state "partial-birth" bans for precisely the reasons at issue today. It ruled that a Nebraska law was too vague and, more to the point, lacked an exception for times when a mother's health was at risk. Congress tried to negate that problem by simply asserting that no risk exists.
Absurd as that may sound, many court watchers believe it will work.
Last year, Justice Sandra Day O'Connor, who cast the decisive vote in the Nebraska case, was replaced by Samuel Alito, who is believed to be more hostile to abortion rights. If the court reverses precedent, it would begin a slide away from 30 years of decisions that uphold personal liberty and religious tolerance.
No matter how sincere the beliefs of abortion opponents that this gruesome procedure is never necessary, that belief is not based on science. It is an attempt to impose one group's beliefs on others. The procedure can avert serious harm for some women, even determine whether they can have more children. Many renowned physicians believe it is sometimes necessary.
Ilene Jaroslaw is proof they're right.
http://blogs.usatoday.com/oped/2006/11/post_21.html