One of the major
battlegrounds for this issue concerns
terminology. In keeping with our
Standards of Credibility, the
language used here is descriptive and
precise. Hence, expressions such as
"pro-life" and "pro-choice" are replaced by
words that describe specific positions.
In accord with the
journalism standard to "never use … a
scientific word or a jargon word if you can
think of an everyday English equivalent,"
[1]
[2]
the term used by Just Facts to describe the
object of an abortion is "preborn human."
This conveys reality in everyday language
and is consistent with medical textbooks
that use the word "human" when
referring to life before birth.[3]
[4]
[5]
[6]
* The following are facts
about human development.
Fertilization:
Fertilization normally
takes place within one day of intercourse.[7]
At fertilization, the genetic composition of
a preborn human is formed.[8]
This genetic information determines gender,
eye color, hair color, facial features, and
influences characteristics such as
intelligence and personality.[9]
4 Weeks after
Fertilization:
The heart is beating and a
circulatory system is in place.[10]
The portion of the brain associated with
consciousness and internal organs such as
the lungs are beginning to develop and can
be identified.[11]
7 Weeks after
Fertilization:
Muscles and nerves begin
working together. When the upper lip is
tickled, the arms move backwards.[12]
The portion of the brain associated with
consciousness has divided into halves.[13]
More than 90% of the body
structures found in a full-grown human are
present. The medical classification changes
from an embryo to a fetus. From this point
forward, most development involves growth in
existing body structures instead of the
formation of new ones.[15]
[16]
10 Weeks after
Fertilization:
All parts of the brain and
spinal cord are formed. The heart pumps
blood to every part of the body.[17]
The whole body is sensitive to touch except
for portions of the head. The preborn human
makes facial expressions.[18]
Up through approximately
this point in time, according to the Supreme
Court's rulings in Roe v. Wade and Planned
Parenthood v. Casey, a pregnant woman can
abort at will. (More details in the section
on Constitution and
Law.)
24 Weeks after
Fertilization:
The grip is strong enough
to hold onto an object that is moving up and
down.[27]
If born and given specialized care, the
survival rate is more than 80%.[28]
At any point prior to
birth, according to the Supreme Court's
rulings in Roe v. Wade, Doe v. Bolton, and
Planned Parenthood v. Casey, a pregnant
woman can abort to preserve her "health."
One example from Roe v. Wade of what may be
considered harmful to a mother's health is
the work of caring for a child. (More
details in the section on
Constitution and
Law.)
* The 2008 Democratic Party
Platform states that abortion should be
generally legal, supports the Supreme Court
ruling in Roe v. Wade, and supports the use
of taxpayer funding to perform abortions.[30]
* The Republican Party
Platform states that abortion should be
generally illegal and supports a
Constitutional Amendment that would assure
preborn humans the right to life. It opposes
"using public revenues to promote or perform
abortion."
[31]
* In interviews conducted
in August 2008, John McCain and Barack Obama
were asked, "At what point does a baby get
human rights?"
Barack Obama responded in
part:
I think that whether you are
looking at it from a theological
perspective or a scientific
perspective, answering that
question with specificity, you
know, is above my pay grade.[32]
* John McCain's 2008
presidential campaign web site states that
"Roe v. Wade is a flawed decision that must
be overturned…."
[34]
* Barack Obama and Hillary
Clinton have voiced support for Roe v. Wade
and stated that this would be reflected in
their appointments to the Supreme Court.[35]
[36]
[37]
They have also stated that they support a
ban on late term abortions, but only with an
exception for the "health" of the mother.[38]
[39]
* The
Roe v. Wade verdict
provides several examples of what may
constitute a risk the health of the mother.
These include the "stigma of unwed
motherhood" and the "distress" "associated
with the unwanted child." Roe v. Wade and
Doe v. Bolton, which were issued by the
Supreme Court on the same day with the order
that they "are to be read together," mandate
that abortion be legal up until the point of
birth if any one physician willing to
perform an abortion decides it is necessary
to preserve a mother's health.[40]
[41]
(More details in the section on
Constitution and
Law.)
* The President of the
United States appoints judges to the Supreme
Court. These appointments must be approved
by a majority of the Senate.[42]
Once seated, federal judges serve for life
unless they voluntarily resign or are
removed through impeachment.[43]
* For implications relating
to the appointment and approval of judges,
see the section on Constitution and
Law.
In the two
decades before abortion was
legal in the United States,
nearly one million women went
"underground" each year for
illegal operations. Thousands
died for lack of medical care.[44]
* No sources are cited for
the statements above. According to the U.S.
Centers for Disease Control, whose death
statistics from legal abortions have been
accepted and used by Planned Parenthood,[45]
[46]
[47]
in the year before Roe v. Wade (1972), there
were 39 deaths from illegal abortions. In
the year after Roe v. Wade (1974), there
were 26 deaths from legal abortions.[48]
*
Citing data from the Centers for Disease
Control, a Planned Parenthood Fact Sheet
asserted that the "risk of death associated
with childbirth is about 10 times as high as
that associated with abortion."
[49]
[50]
[51]
*
From 1989 through 1992, the Centers for
Disease Control reported zero
abortion-related deaths in the state of
Maryland.[52]
[53]
[54]
[55]
*
During 1989 in the state of Maryland:
- Erica Kae Richardson (16 years-old)
was admitted to an emergency room on March 1st
with a punctured uterus from an abortion
carried out earlier that day at a clinic in
Laurel, Maryland. She died shortly after
midnight on March 2nd.[56]
[57]
[58]
[59]
- Paramedics arrived at an abortion
clinic in Suitland, Maryland on July 12th
to find Debra M. Gray (34 years-old) in
cardiac arrest after being administered
anesthesia without the presence of an
anesthesiologist. She was taken to a
hospital and died three days later.[60]
- Paramedics arrived at an abortion
clinic in Suitland, Maryland on September 10th
to find Susanne Renee Logan (32 years-old)
in cardiac arrest with an oxygen mask placed
upside down on her face. It was found that
she had been given anesthesia without the
presence of an anesthesiologist. The
paramedics resuscitated Ms. Logan, she
stayed in a coma for four months, and was
generally paralyzed until her death in 1992.[61]
[62]
[63]
- Gladys Estanislao, a 28-year-old college
student, was found lifeless on a bathroom
floor 17 days after undergoing an abortion
procedure at a clinic in Bethesda, Maryland.
Her autopsy revealed that the pregnancy was
not in her womb but in her fallopian tube,
which caused it to rupture and resulted in
her death.[64]
[65]
[66] This condition, called an ectopic
pregnancy, is screened by a blood test or
ultrasound, has a mortality rate of 1 in
2,000, and is typically diagnosed on the
first visit to a gynecologist.[67]
[68]
[69]
* In
1987, the New York City Commissioner of
Health wrote a letter to abortion clinics
warning them to be careful about using too
much anesthesia. The letter stated:
During the
period between 1981 and 1984,
there were 30 legal
abortion-related deaths in New
York City.[70]
* For the same time period,
the Centers for Disease Control reported a
total of 42 legal abortion-related deaths in
the United States.[71]
* If both of these numbers
are accurate, it would mean that 71% of the
legal abortion-related deaths in the United
States occurred in one city where about 3%
of the population lived.[72]
* An "Abortion Services"
page on Planned Parenthood's website states:
Abortion
DOES NOT …
• Cause
premature birth, birth defects
or low infant birth weight in
future pregnancies
• Increase the
chance of infant death in the
future
[73]
* A 2007 paper in
the Journal of Reproductive Medicine cites
59 studies that exhibit an association
between abortion and the risk of premature
births in later pregnancies. In five of the
largest and more recent of these studies,
all found increases in premature births in
women who had an abortion. All of these
studies also found that this risk escalated
when more than one abortion was performed.[74]
Children born prematurely are at increased
risks for early death, cerebral palsy,
blindness, deafness and other health
complications.[75]
* In April of 2007 at a
political event in Iowa, John McCain stated:
I have a
steadfast and strong advocacy
and voting record in support of
the rights of the unborn.[76]
* At the same event, Mike
Huckabee stated:
I'm not late in declaring that
I believe life begins at
conception and that we ought to
protect human life….
[77]
* In an article about this
event in the New York Times written by Adam Nagourney, it is stated that John McCain and
Mike Huckabee "presented themselves as
lifelong opponents of abortion rights." Four
times in this article, candidates are
characterized as opponents of abortion
rights and never as supporters of rights for
the unborn.[78]
* Roe v. Wade and its
accompanying ruling, Doe v. Bolton, mandate
that abortion be legal up until the point of
birth if any one physician willing to
perform an abortion decides it is necessary
to preserve a mother's "health."
[80]
[81]
* In January 2002, the
Gallup polling organization reported:
If Roe v.
Wade is presented only as
legalizing abortion in the first
three months, support for the
decision is much higher than if
it is characterized as making
abortion legal throughout
pregnancy or for any reason.[82]
* Since this time, the
Associated Press, Quinnipiac University, the
Pew Research Center, NBC News, the Wall
Street Journal, and Harris Poll have all
conducted polls in which they characterized
Roe v. Wade as making abortion legal in the
first "three months of pregnancy."
[83]
* In three articles
published in 2007
and 2008, by the Associated Press asserted that the United
States "permits abortions within the first
12 weeks of pregnancy."
[84]
Media outlets that carried one or more of
these stories include ABC, CBS, MSNBC, Fox
News, Yahoo News, AOL News, USA Today,
the Los
Angeles Times, Boston Globe, Washington Post,
and more than 50 other local, state,
national and international publications.[85]
- 35 states have a law in effect that
requires parental consent or notification
for a minor to have an abortion.[86]
[87]
- 7 states have a parental consent or
notification law that is being blocked by a
court.[88]
[89]
- 8 states have no laws requiring
parental consent or notification for
abortions.[90]
* In the State of New
Hampshire, it is against the law for anyone
under 18 years of age to get a body piercing
unless their parent or guardian is
physically present when it is performed and
signs a consent form.[91]
* In the State of New
Jersey, it is against the law for anyone
under 18 years of age to get a tattoo or
body piercing without written consent from
their parent or legal guardian.[92]
* In the State of
California, it is against the law for anyone
under 18 years of age to use a tanning
machine without written consent from their
parent or legal guardian.[93]
* In New Hampshire, New
Jersey and California, it is legal for a
girl of any age to get an abortion without
her parent's consent or knowledge.[94]
[95]
[96]
* The Democratic Party
Platform makes no explicit reference to
parental consent or notification laws.[97]
The Republican Party Platform supports
parental notification laws and makes no
explicit reference to parental consent laws.[98]
*
John
McCain is a cosponsor of a bill to prohibit
transporting minors across state lines to
evade state laws that require parental
involvement in a minor's abortion.[99]
*
Sarah Palin supports parental consent
legislation and when Alaska's Supreme Court
struck down such a law in a 3-2 decision,
she backed a constitutional amendment
aimed at restoring it.[100]
[101]
[102]
* On a 2001 vote in the
Illinois Senate for a parental notification
bill, Barack Obama voted "Present."
[103]
[104]
*
Illinois
Senate rules state that "a majority of
those elected" must vote in favor of a bill
for it to pass. Thus, a vote of "Present"
has the same result as a vote of "No."
[105]
* Arkansas law requires
written consent of a parent (not a
step-parent) before an abortion is performed
upon a female who is less than 18 years of
age.[107]
In 2006, a 15-year-old Arkansas girl accused
her 41-year-old stepfather of raping her,
getting her pregnant, forcing her to have an
abortion in Illinois (where there is no
parental consent or notification law in
effect), and continuing to rape her
afterwards.[108]
[109]
[110]
[111]
* The girl's claim that she
was taken to an abortion clinic in Granite
City, Illinois was corroborated by a photo
of her stepfather's car at this facility.[112]
He was arrested, charged with a dozen counts
of rape and committed suicide before trial.[113]
[114]
* In 2006, the U.S. House
of Representatives passed a bill that would
have required abortion providers in states
without parental involvement laws to give at
least 24 hours notice to a parent before
performing an abortion on a minor who
resides in another state. This provision
included exceptions for parental abuse,
neglect, and if the physical health of the
minor was endangered.[115]
93% of Republicans voted for it and 71% of
Democrats voted against it. (Click for a record
of how each Representative voted.)
* After being approved by
the House, the bill was sent to the Senate
where it was blocked by 37 Democrats, 4
Republicans, and 1 Independent. This
included Hillary Clinton, Joe Biden, Barack
Obama, Arlen Specter and Olympia Snowe. (Click for a record
of how each Senator voted.)
* During Bill Clinton's
presidency, two bills to ban partial birth
abortion were passed by Congress. In both
cases, at least 90% of Republicans voted for
the bill and more than 60% of Democrats
voted against it. Clinton vetoed both of
these bills and neither became law.[120]
[121]
[122]
[123]
[124]
[125]
* During George W. Bush's
presidency, Congress passed a bill to ban
partial birth abortions with 95% of
Republicans voting for it and 62% of
Democrats voting against it.
(Click for a record of
how each Congressman voted.) Bush signed
this bill into law in November 2003.[126]
[127]
[128]
* This law does not ban
late-term abortions; only the partial birth
procedure.[129]
It does not prohibit giving a lethal
injection to a preborn human and performing
a partial birth abortion afterwards.[130]
It does not prohibit dismemberment
abortions, in which "the fetal limbs are
pulled off the body in utero, sometimes
while the fetus is still alive."
[131]
[132]
* After this law was
enacted, several abortion providers
challenged it in court.[133]
In 2007, the U.S. Supreme Court upheld the
law in a 5-4 vote.[134]
Of the five Supreme Court justices who ruled
to uphold the law, Barack Obama voted
against the nomination of two of them and
identified two of the others as judges he
would not have nominated.[135]
[136]
[137] Of the four justices who
voted to strike down the law, John McCain
has identified all of them as judges he
would not have nominated.[138]
* The day after the Supreme
Court ruling was issued, Democrats in the
U.S. Senate and House of Representatives
introduced legislation that would overturn
the ban on partial birth abortions.[139]
[140]
[141]
[142] Barack Obama has stated
that the "first thing" he would do as
President is sign this bill into law.[143]
* In March of 1970, a
pregnant woman by the name of Norma McCorvey
sued the state of Texas to challenge a state
law that prohibited abortion except to save
the life of the mother. McCorvey wanted to
keep her identity secret and assumed the
fictitious name Jane Roe. The name of
the district
attorney responsible for enforcing
the law was Henry Wade. Thus, the case was
entitled Roe v. Wade.[144]
[145]
[146]
* In 1973, the Supreme
Court released its ruling. Seven of the
judges ruled in favor of Roe and two of the
judges opposed the ruling. The ruling
overturned the laws of 30 states that
prohibited abortion except to save the life
of the mother.[147]
* The majority created
rules regarding the types of abortion
legislation that states could enact based
upon the three trimesters of a typical
pregnancy:
- First trimester: States cannot
prohibit abortions. They can require that
abortions be done by licensed physicians,
but other than this, they cannot regulate
the manner in which they are performed.[148]
- Second trimester: States cannot
prohibit abortions. They can regulate the
manner in which they are performed for the
purpose of protecting the mother's health.[149]
- Third trimester: States can prohibit
abortions after "viability" (meaning the
point where a preborn human is capable of
living outside their mother's womb), but
cannot prohibit abortions "where it is
necessary, in appropriate medical judgment,
for the preservation of the life or health
of the mother."
[150] The ruling cites examples
of what may be considered harmful to a
woman's health. These include the "stigma of
unwed motherhood," the work of caring for a
child, and the "distress" "associated with
the unwanted child."
[151]
[152]
* On the same day that the
Supreme Court released Roe v. Wade, it
issued another ruling in a case entitled Doe
v. Bolton. The same seven judges who ruled
in favor of Roe also ruled in favor of Doe,
and the same two judges opposed the ruling.[153]
The majority wrote that this ruling and Roe
v. Wade "are to be read together."
[154]
* In this case, the State
of Georgia had a law prohibiting abortions
unless the pregnancy would "seriously and
permanently" injure the health of the
mother.[155]
A lower court struck down this law and the
majority of the Supreme Court agreed. The
ruling stated that abortion laws with
exceptions for the health of the mother must
allow for factors such as emotional health,
psychological health, familial concerns, and
the woman's age.[156]
* The Georgia law also
required that the doctor who would perform
the abortion, two other doctors, and a
committee of the medical staff at the
hospital where the abortion was to be done
needed to agree that the abortion was
necessary to preserve the health of the
mother.[157]
The Supreme Court struck this requirement
down, ruling that only the doctor who would
perform the abortion needs to determine that
the abortion was necessary to preserve the
health of the mother. Any abortion provider
could make this decision based solely on
their "best clinical judgment."
[158]
* In 1992, the Supreme
Court decided a case entitled Planned
Parenthood v. Casey. In this case, the
majority reaffirmed the central element of
Roe v. Wade, but did away with the "rigid
trimester framework."
[159]
* As in
Roe v. Wade, the
majority ruled that states cannot prohibit
abortions prior to viability, and laws that
prohibit abortion after viability must
include an exception for the "health of the
mother."
[160] (With regard to viability,
as of 2007, the youngest premature baby to
survive was born at 21 weeks and 6 days
gestation.[161])
* Contrary to
Roe v. Wade,
the majority ruled that states could enact
laws that regulated abortion throughout
pregnancy, as long as they did not create a
substantial obstacle to obtaining an
abortion. An example of what would be
acceptable is a law requiring that doctors
provide women with certain information
before they perform abortions.[162]
* A 2007 British study
found that 3.2% of preborn humans aborted on
the basis of diagnoses for conditions such
as Down's Syndrome, heart defects, and
kidney problems, survived for a median time
of 80 minutes after birth, 36% of them for
an hour or less, 6% for six hours or more.[163]
* The Encyclopedia of
Human Biology states:
Attempts to
suckle have been seen … in
aborted fetuses of 3 months.[164]
* In 2003, a child was born
in Britain at 24 weeks gestation following
three abortion procedures. As of 2005, he is
healthy and is the "first long-term abortion
survivor" to be born this prematurely.[165]
[166]
* Gianna Jessen was born in
1977 after surviving an abortion at
seven-and-a-half months gestation.[167]
[168] She has cerebral palsy as a
result of the procedure.[169]
She is now 31-years old and is a marathon
runner, writer, singer, and "travels the
world to campaign against abortion."
[170]
* In July 2000, two
registered nurses who worked in the labor
and delivery unit of Christ Hospital in Oak
Lawn, Illinois testified before a U.S.
Congressional subcommittee. Both described
instances at the hospital in which they had
personally seen babies who were born alive
after an abortion and left to die without
any care or comfort provided.[171]
[172] A spokesman for the
hospital's parent corporation estimated that
10-20% of the abortions it performs on
preborn humans with genetic defects result in
live births for short periods of time.[173]
* In 2001 and 2002,
identical bills were introduced in the
Illinois legislature with three paragraphs
of operative text stating that anyone "born
alive at any stage of development" is
considered a "person" under Illinois state
law including those born as a result of
"abortion."
[174]
[175] Barack Obama, as an
Illinois state senator, voted against both
of these bills.[176]
[177]
* In 2002, the U.S. House
of Representatives passed by a voice vote,
the U.S. Senate passed by unanimous consent,
and President Bush signed a bill stating
that anyone "born alive at any stage of
development" is considered a "person" under
federal law including those born as a result
of "abortion."
[178]
[179]
[180]
Sources
[1] Book:
Writing for Journalists. By
Wynford Hicks, Sally Adams & Harriet
Gilbert. Routledge, 1999. Page 125:
This emphasis on plainness and
simplicity has been repeated by
those who lay down the law about
journalistic style. The Economist
Pocket Style Book, first
published in the 1980s, quotes
George Orwell's 'six elementary
rules' from his famous essay, 'Politics and the English Language',
written in 1946. …
5. Never use a foreign phrase, a
scientific word or a jargon word if
you can think of an everyday English
equivalent.
[2] Book:
English for Journalists. By
Wynford Hicks. Second edition.
Routledge, 1998.
Page 73:
"Jargon is specialized vocabulary,
familiar to the members of a group,
trade or profession. If you write
for a newspaper or general magazine
you should try to translate jargon
into ordinary English whenever you
can. … A common source of jargon is scientific,
medical, government and legal
handouts."
[3] Textbook:
Before We Are Born - Essentials of
Embryology and Birth Defects. By
Keith L. Moore & T.V.N. Persaud.
W.B. Saunders Company, 1998. Fifth
edition.
Page 500: "The zygote and
early embryo are living human
organisms."
[4] Textbook:
Human Life Before Birth. By
Frank J. Dye. Harwood Academic
Publishers, 2000.
[5] Textbook:
Review of Medical Physiology. By
William F. Ganong. 22nd edition.
McGraw Hill, 2005. Page 259:
"Exposure of human females to
androgen in utero does not change
the cyclic pattern…."
[6] Textbook:
Pediatric Toxicology: Diagnosis and
Management of the Poisoned Child.
By Timothy B. Erickson, William R.
Ahrens, Steven E. Aks, Carl R. Baum,
Louis J. Ling. McGraw-Hill, 2005.
Page 46: "The categories of human in
utero exposure consist of maternal
drugs of abuse…."
[7] Book: Color
Atlas of Physiology. By
Agamemnon Despopoulos & Stefan
Silbernagl. Fifth edition. Thieme,
2003. Page 308: "Fertilization
usually takes place on the first day
after intercourse…."
[8] Book:
Psychological Development and Early
Childhood. By John Oates, Clare
Wood & Andrew Grayson. Blackwell,
2005.Page 217 states that a
'genotype' is: "The complete set of
genes present in an individual. The
genotype is determined at
fertilization when genetic
information from the egg and sperm
is combined. "
[9] Book: Mayo
Clinic Guide to a Healthy Pregnancy.
By the Mayo Clinic. Collins, 2004.
Page 45 (section on fertilization):
"This genetic material will
determine your baby's sex, eye
color, hair color, body size, facial
features and – at least to some
extent – intelligence and
personality. … Your baby's sex is
determined at the moment he or she
is conceived."
[10] College
textbook: Biology: Investigating
Life on Earth. By Vernon L.
Avila. Second edition. Jones and
Bartlett, 1995.
Page 693: "First,
the embryo has its own circulatory
system, complete with a heart that
started beating only 24 days after
conception…."
[11] Book:
Gray's Anatomy - The Anatomical
Basis of Medicine and Surgery.
Churchill Livingstone, 1995.
Page
329 states that at 21-27 days, "[P]rimary cerebral vesicles appear. … Rudimentary limb buds appear and the heart tubes fuse into a common loop in which contractile activity commences. The primordia of the thyroid gland, lungs, liver, pancreas, and mesonephric tubules are all identifiable."
[12] Book: The
First Nine Months of Life. By
Geraldine Lux Flanagan. Simon &
Shuster, 1962. Second edition. Pages
52-53:
In the sixth and seventh weeks, nerves
and muscles work together for the
first time. If the area of the lips,
the first to become sensitive to
touch, is gently stroked, the baby,
who then is still an embryo,
responds by bending the upper body
to one side and making a quick
backward motion with the arms. This
is called a "total pattern" response
because it involves most of the body
rather than the approximate local
part."
{The details above
are documented by photos. Page 52
notes, "All of the photographs in
this book that show the movement of
the baby are taken from" films made
by Davenport Hooker at the
University of Pittsburgh.}
[13] Book:
Gray's Anatomy - The Anatomical
Basis of Medicine and Surgery.
Churchill Livingstone, 1995. Page
329 states that in the 6th
and 7th weeks, "The
pontine flexure, cerebral
hemispheres and cerebellum are
developing."
[14] Seven weeks
after fertilization. Intrauterine
picture taken under the direction of
Professor Andrzej Skawina of Collegium Medicum
Jagiellonian University (Krakow, Poland) and Antoni Marsinek of
the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow,
Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright:
Life Issues.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
[15] Book:
Gray's Anatomy - The Anatomical
Basis of Medicine and Surgery.
Churchill Livingstone, 1995. Page
95:
Page 95: "When mammalian embryos reach a
certain size, growth rather than morphogenesis occurs. The embryo is
referred to as a fetus; this occurs at 56-57 postovulatory days in
humans when the onset of bone marrow formation in the humerus can be
seen (Streeter 1949); at this stage more than 90% of the named
structures of the adult body have appeared."
[16] Book: The
First Nine Months of Life. By
Geraldine Lux Flanagan. Simon &
Shuster, 1962. Second edition. Page
48:
The appearance of the first bone cells
marks the end of the embryonic
period. This criterion was chosen by
embryologists because the beginning
bone formation coincides with the
essential completion of the body.
[17] Article:
"Fetus." By Frank D. Allan in the
Encyclopedia of Human Biology.
Academic Press, 1997. Volume 3. Page
955 states that in the tenth week:
Division of the heart into chambers is
complete, and a definitive vascular
system carries blood to and from all
parts of the body. … All components
of the brain and spinal cord are
formed, and nerves link the stem of
the brain and the spinal cord to all
tissues and organs of the body.
[18] Book: The
First Nine Months of Life. By
Geraldine Lux Flanagan. Simon &
Shuster, 1962. Second edition. Pages
53-54:
In the ninth and tenth weeks, if the
baby's forehead is touched, he may
turn his head away and pucker up his
brow and frown. … [T]he entire body
becomes sensitive to touch with a
notable exception: the sides, back
and top of the head.
[19] Eleven weeks
after fertilization. Intrauterine
picture taken under the direction of
Professor Andrzej Skawina of Collegium Medicum
Jagiellonian University (Krakow, Poland) and Antoni Marsinek of
the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow,
Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright:
Life Issues.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
[20] Book:
Embryology (Board Review
Series). By Ronald W. Dudek & James
D. Fix. Second edition. Lippincott
Williams & Wilkins, 1998. Page 246
states that in weeks 13-16, "Eye
movements begin."
[21] Sixteen weeks
after fertilization. Intrauterine
picture taken under the direction of
Professor Andrzej Skawina of Collegium Medicum
Jagiellonian University (Krakow, Poland) and Antoni Marsinek of
the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow,
Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright:
Life Issues.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
[22] Paper: "Pain
and its Effects in the Human Neonate
and Fetus." By K.J.S. Anand & P.R.
Hickey. New England Journal of
Medicine, November 19, 1987.
Page 1322 states that "by 20 weeks
each cortex has a full complement of
109 neurons."
NOTE: This
article uses the obstetric method of
counting from the last menstrual
period as evidenced by the chart on
page 1322, which uses a gestation of
40 weeks for pregnancy. Two weeks
must be subtracted to provide the
actual time since fertilization.
[23] Article:
"Brain." New Millennium
Encyclopedia. Simon and Shuster,
1999.
The cerebrum is the largest part of the
human brain, making up approximately
85 percent of the brain's weight;
its large surface area (cortex) and
intricate development account for
the superior intelligence of humans,
compared with other animals. … A
large part of the human cortex, the
frontal area, is used for awareness,
intelligence, and memory.
[24] Ultrasound
taken on December 24, 1997.
Gestational age (GA) is 19 weeks and
4 days counted from the last
menstrual period. This falls under
the category of 20 weeks after LMP
and 18 weeks after fertilization.
[25] Article:
"Fetus." American Medical
Association Complete Medical
Encyclopedia. Edited by Jerrold
B. Leikin & Martin S. Lipsky. Random
House, 2003. Page 558: "At 20 weeks,
the fetus … now sleeps and wakes and
hears sounds."
[26] Twenty weeks
after fertilization. Intrauterine
picture taken under the direction of
Professor Andrzej Skawina of Collegium Medicum
Jagiellonian University (Krakow, Poland) and Antoni Marsinek of
the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow,
Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright:
Life Issues.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
[27] Book: The
First Nine Months of Life. By
Geraldine Lux Flanagan. Simon &
Shuster, 1962. Second edition. Page
71 states: "In the fifth and sixth
months the grip becomes strong. This
baby is holding a rod and moves his
arm up and down as the rod is
moved." {This is documented by a
photo. Page 52 notes, "All of the
photographs in this book that show
the movement of the baby are taken
from" films made by Davenport Hooker
at the University of Pittsburgh.}
[28] Paper: "Very
Low Birth Weight Outcomes of the
National Institute of Child Health
and Human Development Neonatal
Research Network, January 1995
Through December 1996." By James A.
Lemons et al., including Avroy A.
Fanaroff. Pediatrics, January
2001.
http://www.pediatrics.org/cgi/content/full/107/1/e1
Figure 3 is a bar
graph of "Mortality before discharge
by gestational age as estimated by
best obstetrical estimate…." The term
"obstetrical estimate" implies that
the weeks are counted from LMP. To
confirm, I wrote Dr. Fanaroff, and
he
replied: "We do not try to get to
the issue of day of conception hence
when we refer to gestational age we
are always going back to the Last
Menstrual Period." The graph
indicates that the mortality rate at
a gestational age (LMP) of 26 weeks
is less than 20%. Hence, the
survival rate at 24 weeks after
fertilization is more than 80%.
[29] Textbook:
Before We Are Born - Essentials of
Embryology and Birth Defects. By
Keith L. Moore & T.V.N. Persaud.
W.B. Saunders Company, 1998. Fifth
edition. Page 109: "The expected
date of delivery (EDD) of a fetus is
266 days, or 38 weeks, after
fertilization; that is, 280 days, or
40 weeks, after LNMP (Table 7-1)."
The Democratic Party strongly and
unequivocally supports Roe v.
Wade and a woman's right to
choose a safe and legal abortion,
regardless of ability to pay, and we
oppose any and all efforts to weaken
or undermine that right.
The Democratic Party also strongly
supports access to comprehensive
affordable family planning services
and age-appropriate sex education
which empower people to make
informed choices and live healthy
lives. We also recognize that such
health care and education help
reduce the number of unintended
pregnancies and thereby also reduce
the need for abortions.
The Democratic Party also strongly
supports a woman's decision to have
a child by ensuring access to and
availability of programs for pre-
and post-natal health care,
parenting skills, income support,
and caring adoption programs.
John McCain believes
Roe v. Wade is a
flawed decision that must be
overturned, and as president he will
nominate judges who understand that
courts should not be in the business
of legislating from the bench.
Constitutional balance would be restored
by the reversal of Roe v. Wade,
returning the abortion question to
the individual states. The difficult
issue of abortion should not be
decided by judicial fiat.
However, the reversal of
Roe v. Wade
represents only one step in the long
path toward ending abortion. Once
the question is returned to the
states, the fight for life will be
one of courage and compassion - the
courage of a pregnant mother to
bring her child into the world and
the compassion of civil society to
meet her needs and those of her
newborn baby. The pro-life movement
has done tremendous work in building
and reinforcing the infrastructure
of civil society by strengthening
faith-based, community, and
neighborhood organizations that
provide critical services to
pregnant mothers in need. This work
must continue and government must
find new ways to empower and
strengthen these armies of
compassion. These important groups
can help build the consensus
necessary to end abortion at the
state level. As John McCain has
publicly noted, "At its core,
abortion is a human tragedy. To
effect meaningful change, we must
engage the debate at a human level."
Thirty-five years after the Supreme
Court decided Roe v. Wade, it's
never been more important to protect
a woman's right to choose. Last
year, the Supreme Court decided by a
vote of 5-4 to uphold the Federal
Abortion Ban, and in doing so
undermined an important principle of
Roe v. Wade: that we must always
protect women's health. With one
more vacancy on the Supreme Court,
we could be looking at a majority
hostile to a women's fundamental
right to choose for the first time
since Roe v. Wade. The next
president may be asked to nominate
that Supreme Court justice. That is
what is at stake in this election. …
This anniversary reminds us that it's
not enough to protect the gains of
the past – we have to build a future
that's filled with hope and
possibility for all Americans.
When I'm President, I will appoint
judges to our courts who understand
that Roe v. Wade isn't just binding
legal precedent, it is the
touchstone of our reproductive
freedom, the embodiment of our most
fundamental rights, and no one - no
judge, no governor, no Senator, no
President - has the right to take it
away.
"Ultimately, women are in the best
position to make a decision at the
end of the day about these issues.
With significant constraints. For
example, I think we can legitimately
say — the state can legitimately say
— that we are prohibiting late-term
abortions as long as there's an
exception for the mother's health.
Those provisions that I voted
against typically didn't have those
exceptions, which raises profound
questions where you might have a
mother at great risk."
"Mrs. Clinton supported a proposed ban
on late-term abortions as long as it
included an exception to protect the
health of the mother; in turn, she
has opposed such a ban when it
lacked that exception."
For the stage subsequent to viability
the State, in promoting its interest
in the potentiality of human life,
may, if it chooses, regulate, and
even proscribe, abortion except
where necessary, in appropriate
medical judgment, for the
preservation of the life or health
of the mother.
Section VIII:
Specific and direct harm medically
diagnosable even in early pregnancy
may be involved. Maternity, or
additional offspring, may force upon
the woman a distressful life and
future. Psychological harm may be
imminent. Mental and physical health
may be taxed by child care. There is
also the distress, for all
concerned, associated with the
unwanted child, and there is the
problem of bringing a child into a
family already unable,
psychologically and otherwise, to
care for it. In other cases, as in
this one, the additional
difficulties and continuing stigma
of unwed motherhood may be involved.
All these are factors the woman and
her responsible physician
necessarily will consider in
consultation.
Section XI:
In
Doe v. Bolton, post, p. 179,
procedural requirements contained in
one of the modern abortion statutes
are considered. That opinion and
this one, of course, are to be read
together.
[41]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
C. … the medical judgment may be
exercised in the light of all
factors -- physical, emotional,
psychological, familial, and the
woman's age -- relevant to the
well-being of the patient. All these
factors may relate to health. …
D. The appellants next argue that the
District Court should have declared
unconstitutional three procedural
demands of the Georgia statute: …
(2) that the procedure be approved
by the hospital staff abortion
committee; and (3) that the
performing physician's judgment be
confirmed by the independent
examinations of the patient by two
other licensed physicians. …
We conclude that the interposition of
the hospital abortion committee is
unduly restrictive of the patient's
rights and needs that, at this
point, have already been medically
delineated and substantiated by her
personal physician. …
There remains, however, the required
confirmation by two Georgia-licensed
physicians in addition to the
recommendation of the pregnant
woman's own consultant (making under
the statute, a total of six
physicians involved, including the
three on the hospital's abortion
committee). We conclude that this
provision, too, must fall.
The statute's emphasis, as has been
repetitively noted, is on the
attending physician's "best clinical
judgment that an abortion is
necessary." That should be
sufficient. The reasons for the
presence of the confirmation step in
the statute are perhaps apparent,
but they are insufficient to
withstand constitutional challenge.
… If a physician is licensed by the
State, he is recognized by the State
as capable of exercising acceptable
clinical judgment. … If a physician
is licensed by the State, he is
recognized by the State as capable
of exercising acceptable clinical
judgment.
[The President] with the Advice and
Consent of the Senate, shall appoint
Ambassadors, other public Ministers
and Consuls, Judges of the supreme
Court….
The Judges, both of the supreme and
inferior Courts, shall hold their
Offices during good Behaviour….
Article II, Section
4:
The President, Vice President and all
civil Officers of the United States,
shall be removed from Office on
Impeachment for, and Conviction of,
Treason, Bribery, or other high
Crimes and Misdemeanors.
Article I, Section
2, Clause 5:
The House of Representatives shall chuse
their Speaker and other Officers;
and shall have the sole Power of
Impeachment.
Article I, Section
3, Clause 6:
The Senate shall have the sole Power to
try all Impeachments. … And no
Person shall be convicted without
the Concurrence of two thirds of the
Members present.
Presently the death rate from abortion
at all stages of gestation is 0.6
per 100,000 procedures (Paul et al.,
1999).
NOTE: "Paul et al.,
1999" is a secondary source that
cites the CDC. See next note.
[46] Book: A
Clinician's Guide to Medical and
Surgical Abortion. By Maureen
Paul & others. Churchill
Livingstone, 1999. Page 19:
In the United States mortality [from
abortion] was (per 100,000) 2.6
during the period 1972-1976, 0.9 in
1977-1981, 0.7 in 1982-1986, and 0.6
in 1987-1991 (based on deaths
reported by the CDC and number of
abortions from AGI).
NOTE: This
corresponds to the figure for
subsequent years quoted in the next
note.
The case-fatality rate for known legal
induced abortion for 1993 to 1997
was 0.6 deaths per 100,000 legal
abortions.
[48] Report:
"Abortion Surveillance -- United
States, 1996." By Lisa M. Koonin and
others. Division of Reproductive
Health, National Center for Chronic
Disease Prevention and Health
Promotion, Centers for
Disease Control, July 30, 1999.
http://www.cdc.gov/mmwr/preview/mmwrhtml/ss4804a1.htm
Table 19.
NOTE: The data in
this source and the sources cited in
the next note come from different
divisions of the CDC and are at
variance with one another due to
methodological dissimilarities. It
was necessary to use data from both
divisions because the data from this
source only goes back to 1972 and
the sources in the next note do not
isolate legal vs. illegal
abortion-related deaths.
[49] Fact Sheet:
"Abortion after the First
Trimester." Planned Parenthood.
Accessed October 2002 at http://www.plannedparenthood.org.
Presently the death rate from abortion
at all stages of gestation is 0.6
per 100,000 procedures (Paul et al.,
1999). The risk of death associated
with childbirth is about 10 times as
high as that associated with
abortion (AGI, 1998).
NOTE: "Paul et al.,
1999" and "AGI, 1998" are secondary
sources that cite the CDC. See next
two notes.
[50] Book: A
Clinician's Guide to Medical and
Surgical Abortion. By Maureen
Paul & others. Churchill
Livingstone, 1999. Page 19:
In the United States mortality [from
abortion] was (per 100,000) 2.6
during the period 1972-1976, 0.9 in
1977-1981, 0.7 in 1982-1986, and 0.6
in 1987-1991 (based on deaths
reported by the CDC and number of
abortions from AGI).
[51]
Web page: "Facts in Brief \Induced
Abortion." Guttmacher Institute. Accessed
October 2002 at
http://www.agi-usa.org/
The risk of death associated with
childbirth is about 10 times as high
as that associated with abortion. …
The data in this fact sheet are the
most current available. Most are
from research conducted by the
Guttmacher Institute and/or
published in its peer-reviewed
journals. An additional source is
the Centers for Disease Control and
Prevention.
NOTE: The url at
which this source was previously
located contains a newer version of
this web page that does not make the
claim that "risk of death associated
with childbirth is about 10 times as
high as that associated with
abortion." [Web page: "Facts on
Induced Abortion in the United
States." Guttmacher Institute, July 2008.
http://www.guttmacher.org/pubs/fb_induced_abortion.html]}
[52] Report:
"Vital Statistics of the United
States, 1989. Volume II – Mortality, Part A."
National Center for Health
Statistics, Centers for Disease
Control and Prevention, 1993.
http://www.cdc.gov/nchs/data/vsus/mort89_2a.pdf
Page 13 (in pdf):
SYMBOLS USED IN TABLES
Data not available ---
Category not applicable . . .
Quantity zero —
Page 262 (page 277
in pdf): "Table 1-25. Deaths From
282 Selected Causes, by Race —
United States and Each State: 1989."
Cause of
death
Maryland
(all races)
Legally
induced abortion
—
NOTE:
Abortion-related mortality data
provided by the CDC's National
Center for Health Statistics is at
variance with that provided by CDC's
Division of Reproductive Health due
to methodological dissimilarities.
The National Center for Health
Statistics is only cited here
because the Division of Reproductive
Health does not break down their
national data on a state-by states
basis. In July 2008, Just Facts
filed a Freedom of Information Act
Request with the CDC for this data
and is awaiting a response.
[53] Report:
"Vital Statistics of the United
States, 1990. Volume II – Mortality, Part A."
National Center for Health
Statistics, Centers for Disease
Control and Prevention, 1994.
http://www.cdc.gov/nchs/data/vsus/mort90_2a.pdf
Page 262 (page 278
in pdf): "Table 1-25. Deaths From
282 Selected Causes, by Race —
United States and Each State: 1990."
Cause of
death
Maryland
(all races)
Legally
induced abortion
—
[54] Report:
"Vital Statistics of the United
States, 1991. Volume II – Mortality, Part A."
National Center for Health
Statistics, Centers for Disease
Control and Prevention, 1996.
http://www.cdc.gov/nchs/data/vsus/mort91_2a.pdf
Page 262 (page 278
in pdf): "Table 1-25. Deaths From
282 Selected Causes, by Race —
United States and Each State: 1990."
Cause of
death
Maryland
(all races)
Legally
induced abortion
—
[55] Report:
"Vital Statistics of the United
States, 1992. Volume II – Mortality, Part B."
National Center for Health
Statistics, Centers for Disease
Control and Prevention, 1996.
http://www.cdc.gov/nchs/data/vsus/mort92_2b.pdf
Page 320 (Page 327
in pdf): Table 8-6: "Deaths From 72
Selected Causes, by 10-Year Age
Groups, Race, and Sex."
Maryland, Cause of Death:
Pregnancy with abortive
outcome
Female
(total of all age groups)
White
—
All other
—
Black
—
[56] Autopsy
number 89-593: "Erica Richardson."
By Julia C. Goodin & others.
Office of the Chief Medical
Examiner, State of Maryland,
June 28, 1989. Autopsy performed on
March 3, 1989. Page 1:
DESCRIPTION OF INJURY …
Close examination of the anterior
portion of the uterus showed a large
irregular perforation of the
anterior lower uterine wall which
extended into a portion of the
cervix.
Page 5:
OPINION: This, 16 year old
black female, ERICA RICHARDSON, died
from rupture of lower uterus and
cervix with complications, including
hemorrhage into the pelvic cavity
surrounding the uterus and air
embolism (air escaping into the
vasculature and heart). According to
police reports, the deceased was
known to have been pregnant and this
is consistent with autopsy findings.
However, she had undergone and
evacuation [abortion] procedure
which resulted in perforation of the
uterus.
[57] Article:
"Teen's death after abortion brings
suit." By Larry Perl. Prince
George's Journal Weekly, May
30-31, 1990.
The malpractice suit claims that on the
evening of March 1, 1989, Dr. Gene
Crawford punctured 16-year-old Erica
Kae Richardson's uterus and cervix —
then left her "bleeding to death" on
an operating table in his Laurel
office for four hours, without
monitoring vital signs.
At 10:45 p.m., Crawford carried
Richardson to her aunt's car and
told the aunt to "take [her] home
and out her to bed," the suit
states. … The aunt, deciding that
her niece needed "emergency
treatment," drove to Bowie Health
Center, where Richardson was
rushed into the emergency room at 11
p.m., in respiratory arrest, and
died shortly after midnight the suit
states. …
Richardson's mother … referred questions
to the attorneys. … Donald McLaughlin
said Richardson's aunt, Denise Crarey, helped Richardson get an
abortion without telling
Richardson's mother. McLaughlin
added that though Crarey and
Richardson's mother are sisters,
they have "a very strained
relationship." Crarey, a registered
nurse, took Richardson first to
Washington Hospital Center, which
wouldn't perform the abortion
because Richardson was too far along
in her pregnancy, McLaughlin said.
[58] Article:
"Mother is suing doctor: Daughter
died after abortion." By Melanie
Mader. Laurel Leader, June
29, 1990. Pages A1, 3. Page 3:
"Richardson-Smith was unaware that
her daughter was having an abortion
until the Bowie medical center
called her, McLaughlin said."
[59] Press
release: "Human Life International
Claims Maryland Health Department
'Ignores, Covers-Up' Abortion
Deaths." PR Newswire,
November 21, 1991.
Erica Richardson, 16, died March 2,
1989, just hours after an abortion
was performed upon her by Dr. Gene
O. Crawford at his Metropolitan
Women's Center, 9811 Mallard Dr.,
Laurel, Md.
[60] Article: "2
Tragedies Raise Doubts About
Suitland Clinic; Abortion Patient,
Left Paralyzed, Files Suit." By
Retha Hill. Washington Post,
August 13, 1990. Page A1.
http://www.washingtonpost.com/
[61] Article: "2
Tragedies Raise Doubts About
Suitland Clinic; Abortion Patient,
Left Paralyzed, Files Suit." By
Retha Hill. Washington Post,
August 13, 1990. Page A1.
http://www.washingtonpost.com/
[62] Article:
"Botched-abortion victim dies in
Baltimore." Washington Times,
December 2, 1992.
Susanne Logan, the Forestville woman who
was paralyzed in a botched 1989
abortion at a Suitland clinic, died
in Baltimore yesterday of
complications from pneumonia, just
three weeks after she won a
multimillion-dollar settlement in
her case.
[Pneumonia] is often the final
complication of some other
debilitating disorder, and this is
why many people who get pneumonia
die. Any one whose resistance is
already low is very susceptible to
pneumonia, so for people who are
dying of heart failure, cancer,
stroke or chronic bronchitis, the
actual cause of death is often
pneumonia. In anyone who is
semiconscious or paralyzed,
infection of the lungs is extremely
likely. This is because under such
conditions the normal coughing
reflex that keeps the lungs clear of
mucus and stagnant fluid is reduced,
or even absent.
[64] Book:
Victims of Choice. By Kevin
Sherlock. Brennyman Books, 1996.
Page 134:
Gladyss Estanislao. This
28-year-old married Filipina woman,
a legal secretary who lived in
Prince George's County, died May 12,
1989, 17 days after Alan Ross
reportedly performed a vacuum
abortion on her at the Wisconsin
Avenue Women's Health Care Center in
Bethesda. Ross reportedly failed to
diagnose Gladyss was ectopically
pregnant, and then he reportedly
botched the abortion.
Sources cited: Ms.
Estanislao's death certificate and a
12/5/91 article in The Wanderer.
{Note the discrepancy with the
source below regarding the type of
abortion procedure.}
[65] Article:
"Sudden Death due to Rupture of
Ectopic Pregnancy Concurrent With
Therapeutic Abortion." By Ling Li &
John E. Smialek. Archives of
Pathology & Laboratory Medicine,
July 1993. Pages 698-700. Page 698:
In 1989, a case of sudden death
secondary to EP [ectopic pregnancy]
was investigated by the Office of
the Chief Medical Examiner for the
State of Maryland, Baltimore.
Page 699:
In 1989, a 28-year-old female college
student was found unresponsive on
the bathroom floor near her
classroom. … the subject was
transported to a local hospital
where she was pronounced dead on
arrival.
Further investigation revealed that the
woman had been seen at a clinic for
a missed abortion 17 days before her
death and underwent a dilation and
curettage [abortion procedure]. No
surgical specimen was sent to the
laboratory for pathologic
examination before she left the
clinic. …
… A 0.3 cm rupture site was located on
the lateral surface [of the left
fallopian tube], surrounded by
hemorrhagic tissue.
[66] Editorial:
"Ectopic Pregnancy in Association
With Induced Abortion: Message for
the Pathologist." By Jane W. Hardman
& others. Archives of Pathology &
Laboratory Medicine, July 1993.
Pages 696-697. Page 696:
Admittedly, in each of these cases there
was a failure on the part of
clinicians to recognize the clinical
signs of ectopic pregnancy and to
follow up with the patients
accordingly.
Page 697:
In summary, recommendations that are
already in place, had they been
followed in the cases reported by
Drs Li and Smialek, should have
prevented the deaths of three young
women.
[67] Article:
"Pregnancy." Contributor: Lynn J.
Romrell (Ph.D., Associate Dean for
Education and Professor of Anatomy
and Cell Biology, University of
Florida College of Medicine).
World Book Encyclopedia, 2007
Deluxe Edition.
An ectopic pregnancy occurs when a
fertilized egg implants itself
outside the uterus, usually inside
the fallopian tube, the tube through
which the egg passes on its way from
the ovary to the uterus. The
developing baby cannot survive in an
ectopic pregnancy. The pregnancy may
be fatal to the mother if untreated.
[68] Book:
Essentials of Medical Ultrasound: A
Practical Introduction to the
Principles, Techniques and
Biomedical Applications. Edited
by Michael H. Repacholi and Deirdre
A. Benwell. Humana Press, 1982.
Chapter 5: "Clinical Applications of
Diagnostic Ultrasound. By Edward A.
Lyons. Page 176:
An important diagnosis to make it that
of an ectopic pregnancy. If the
pregnancy test is positive and the
uterus is empty, one may be able to
visualize [via ultrasound] a mass in
the tube. In that instance the
diagnosis of ectopic is almost 100%
certain.
[69] Textbook:
Ultrasound and the Fallopian Tube.
Edited by Ilan E. Timor-Tritsch &
Asim Kurjak. Parthenon Publishing
Group, 1996. Chapter 5:
"Conservative management of ectopic
pregnancy based on color Doppler
studies." By F. Bonilla Musoles &
others. Page 29:
One of the explicit advantages of the
modern pregnancy tests … is that
they can be employed in the
emergency room or in the office of
the gynecologist. This definitely
presents an advantage since, in
applying this pregnancy test
followed by an office ultrasound
examination of the pelvis, a fast
and almost always reliable diagnosis
of the presence or absence of an
abnormal or normal intrauterine
pregnancy can be made. In the case
of an ectopic pregnancy, the chances
of making the diagnosis during the
first visit to the gynecologist's
office or the emergency room are
high.
Page 51:
Even with techniques currently
available, ectopic pregnancy …
results in death for one of every
2000 women affected.
The incidence of ectopic pregnancies
varies between 0.5 and 1% of all
pregnancies.
Page 52:
In most published reports about ectopic
pregnancies, the diagnosis is
established by [a specialized blood
test] in patients with a positive
pregnancy test in whom an
intrauterine [in the uterus]
gestational sac, with or without
recognizable embryonic structures,
cannot be seen by ultrasound
examination.
[70] Book:
Victims of Choice. By Kevin
Sherlock. Brennyman Books, 1996.
Pages 166-7 contain a photocopy of
this letter. It is from Stephen C.
Joseph, New York City's Commissioner
of Health, and is dated June 5,
1987.
[71] Report:
"Abortion Surveillance -- United
States, 1996." By Lisa M. Koonin and
others. Division of Reproductive
Health, National Center for Chronic
Disease Prevention and Health
Promotion, Centers for
Disease Control, July 30, 1999.
http://www.cdc.gov/mmwr/preview/mmwrhtml/ss4804a1.htm
[74] Paper: "Cost
consequences of induced abortion as
an attributable risk for preterm
birth and impact on informed
consent." By Byron C. Calhoun,
Elizabeth Shadigian & Brent Rooney.
Journal of Reproductive
Medicine, October 2007. Pages
929-937.
http://www.ncbi.nlm.nih.gov/pubmed/17977168?dopt=Abstract
Page 930:
Fifty-nine studies were reviewed for
preterm birth and links to abortion….
From this review, we selected 5 of
the most recent, representative
studies with an association between
induced abortion and preterm birth
as detailed examples of the 59
studies published in Appendix B….
Pages 930-931:
Five large, recent, international
studies have shown an association of
prior abortions to preterm delivery3,6-9
(Table IV), and 50 studies
over the last 50 years have shown a
statistically significant
association (Appendix B). All of the
studies found a statistically
significant increase in preterm
births before 32 weeks for women
undergoing at least 1
first-trimester abortion, with the
ORs [odds ratios] ranging from 1.3
to 2.5.3,6-9 Women
undergoing [two or more] abortions
had an even larger risk of preterm
birth, with ORs ranging from 1.8 to
5.2.3,6-9.
Premature birth is a serious health
problem. Premature babies are at
increased risk for newborn health
complications, as well as lasting
disabilities, such as mental
retardation, cerebral palsy, lung
and gastrointestinal problems,
vision and hearing loss, and even
death. Many premature babies require
care in a neonatal intensive care
unit (NICU), which has specialized
medical staff and equipment that can
deal with the multiple problems
faced by premature infants. …
All premature babies are at risk for
health problems, but those born
before about 32 weeks of gestation
face the highest risk.
America stands for an ideal that all
people are endowed by their Creator
with certain unalienable rights to
life, liberty and the pursuit of
happiness. I know what it's like to
live without those rights and I have
an obligation to advocate them where
ever they are denied. In Bosnia or
in Burma in Cuba or in the Middle
East and in our own country when we
fail to respect the inherent dignity
of all human life, born or unborn,
and that's why for 24 years, without
changing, without wavering, I have a
steadfast and strong advocacy and
voting record in support of the
rights of the unborn.
I'm not late in declaring that I believe
life begins at conception and that
we ought to protect human life and
that's one of the reasons that I am
a Republican today, because it was
the only party that gave people like
me a voice and a choice.
[79]
Just Facts searched the
New York Times and
Washington Post
on July 11, 2008 and the
Associated Press on August 16th
through
LexisNexis. Note that some
articles contain the quoted phrases
more than once, and thus, the
numbers cited may represent an
undercount. The Washington Post
archive does not contain articles
published in the previous 14 days.
Searches for "opponent(s) of states'
rights" were also performed for the
spelling variant "opponent(s) of
states rights".
Specific and direct harm medically
diagnosable even in early pregnancy
may be involved. Maternity, or
additional offspring, may force upon
the woman a distressful life and
future. Psychological harm may be
imminent. Mental and physical health
may be taxed by child care. There is
also the distress, for all
concerned, associated with the
unwanted child, and there is the
problem of bringing a child into a
family already unable,
psychologically and otherwise, to
care for it. In other cases, as in
this one, the additional
difficulties and continuing stigma
of unwed motherhood may be involved.
All these are factors the woman and
her responsible physician
necessarily will consider in
consultation.
Section XI:
In
Doe v. Bolton, post, p. 179,
procedural requirements contained in
one of the modern abortion statutes
are considered. That opinion and
this one, of course, are to be read
together.
Section XI:
For the stage subsequent to viability
the State, in promoting its interest
in the potentiality of human life,
may, if it chooses, regulate, and
even proscribe, abortion except
where necessary, in appropriate
medical judgment, for the
preservation of the life or health
of the mother.
[81]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
C. … the medical judgment may be
exercised in the light of all
factors -- physical, emotional,
psychological, familial, and the
woman's age -- relevant to the
well-being of the patient. All these
factors may relate to health. …
D. The appellants next argue that the
District Court should have declared
unconstitutional three procedural
demands of the Georgia statute: …
(2) that the procedure be approved
by the hospital staff abortion
committee; and (3) that the
performing physician's judgment be
confirmed by the independent
examinations of the patient by two
other licensed physicians. …
We conclude that the interposition of
the hospital abortion committee is
unduly restrictive of the patient's
rights and needs that, at this
point, have already been medically
delineated and substantiated by her
personal physician. …
There remains, however, the required
confirmation by two Georgia-licensed
physicians in addition to the
recommendation of the pregnant
woman's own consultant (making under
the statute, a total of six
physicians involved, including the
three on the hospital's abortion
committee). We conclude that this
provision, too, must fall.
The statute's emphasis, as has been
repetitively noted, is on the
attending physician's "best clinical
judgment that an abortion is
necessary." That should be
sufficient. The reasons for the
presence of the confirmation step in
the statute are perhaps apparent,
but they are insufficient to
withstand constitutional challenge.
… If a physician is licensed by the
State, he is recognized by the State
as capable of exercising acceptable
clinical judgment. … If a physician
is licensed by the State, he is
recognized by the State as capable
of exercising acceptable clinical
judgment.
The 1973 Supreme Court ruling called
Roe
v. Wade made abortion in the first
three months of pregnancy legal.
Quinnipiac
University (December 2004):
The 1973 Supreme Court ruling called
Roe. v. Wade made abortion in the
first three months of pregnancy
legal. Do you think President Bush
should nominate Supreme Court
justices who would uphold the Roe.
v. Wade decision, or nominate
Supreme Court justices who would
overturn the Roe v. Wade decision?
Pew Research
Center/Pew Forum on Religion &
Public Life (November 2006):
In 1973 the Roe versus Wade decision
established a woman's constitutional
right to an abortion, at least in
the first three months of pregnancy.
NBC News/Wall
Street Journal (December 2005):
The Supreme Court's 1973 Roe versus Wade
decision established a woman's
constitutional right to an abortion,
at least in the first three months
of pregnancy.
Harris Poll
(October 2007):
In 1973, the U.S. Supreme Court decided
that states laws which made it
illegal for a woman to have an
abortion up to three months of
pregnancy were unconstitutional, and
that the decision on whether a woman
should have an abortion up to three
months of pregnancy should be left
to the woman and her doctor to
decide.
[84] There are
other Associated Press articles that
used the same verbiage. The three
listed below were chosen as
exemplars:
Most Latin American countries, including
Mexico, allow abortion if the
woman's life is in danger or in
cases of rape or incest. In
November, Nicaragua bans abortion in
all cases. Cuba permits abortions
within the first 12 weeks of
pregnancy, as does the United
States.
Most Latin American countries, including
Mexico, allow abortion if the
woman's life is in danger or in
cases of rape or incest. In
November, Nicaragua passed a law
banning abortion in all cases. Cuba
permits abortions within the first
12 weeks of pregnancy, as does the
United States.
3) Article:
"Mexico's Supreme Court poised to
reject appeal of legalized abortion
in the capital." By Olga R.
Rodriguez. Associated Press,
August 27, 2008.
http://www.latimes.com/
Most Latin American countries allow
abortion only if the woman's life is
in danger or in cases of rape or
incest. In 2006, Nicaragua banned
abortion in all cases. Cuba permits
abortions within the first 12 weeks
of pregnancy, as does the United
States.
I. Branding and tattooing a person under
the age of 18 is prohibited.
II. Body piercing a person under the age
of 18 is prohibited without consent
of that person's parent or legal
guardian.
III. The consent required by paragraph
II of this section shall be
satisfied only by the parent or
legal guardian being physically
present at the time the body
piercing is performed and, upon
presenting evidence of the person's
status as parent or legal guardian,
by signing a document declaring that
the person is the parent or legal
guardian of the minor on whom the
piercing is to be performed. The
consent shall indicate the location
of the piercing on the minor's body.
Records shall be maintained for a
minimum of 7 years.
[92] New Jersey
Law 2C:40-21: "Tattooing of a minor;
parental permission, required."
New Jersey Code of Criminal Justice.
Accessed June 2008 at
http://www.njleg.state.nj.us/
A person commits a disorderly persons
offense if he knowingly tattoos or
engages in body piercing of a minor
under the age of 18 years without
first having obtained the written
permission of the minor's parent or
legal guardian or, if neither
exists, a person who stands in place
of a parent.
This chapter shall be known and may be
cited as the Filante Tanning
Facility Act of 1988. …
Section 22706 …
(3) Before any person between 14 and 18
years of age uses a tanning device,
he or she shall give the tanning
facility a statement signed by his
or her parent or legal guardian
stating that the parent or legal
guardian has read and understood the
warnings given by the tanning
facility, consents to the minor's
use of a tanning device, and agrees
that the minor will use the
protective eyewear that the tanning
facility provides.
(4) Persons under 14 years of age are
prohibited from using a tanning
device.
[96] Article:
"N.J. Supreme Court Strikes Down
Abortion Law Requiring Parental
Notification." By Ralph Siegel.
Associated Press, August, 15,
2000.
http://dailynews.yahoo.com/
The New Jersey Supreme Court has struck
down a state law requiring minors to
notify a parent before they can get
an abortion. … Because of the
litigation, the law had never been
permitted to take effect, and it now
stands nullified.
To amend title 18, United States Code,
to prohibit taking minors across
State lines in circumvention of laws
requiring the involvement of parents
in abortion decisions.
[Introduced by John Ensign (R-Nevada),
Lamar Alexander (R-Tennessee), Sam
Brownback (R-Kansas), Jim Bunning
(R-Kentucky), Tom Coburn
(R-Oklahoma), Norm Coleman
(R-Minnesota), John Cornyn
(R-Texas), Elizabeth Dole (R-North
Carolina), Lindsey Graham (R-South
Carolina), Chuck Grassley (R-Iowa),
Chuck Hagel (R-Nebraska), Kay Bailey
Hutchison (R-Texas), James Inhofe
(R-Oklahoma), Jon Kyl (R-Arizona),
John McCain (R-Arizona), Mitch
McConnell (R-Kentucky), Pat Roberts
(R-Kansas), Jeff Sessions
(R-Alabama), Richard Shelby
(Alabama), John Thune (R-South
Dakota), George Voinovich (R-Ohio),
Orrin Hatch (R-Utah), Ben Nelson
(R-Nebraska).]
Sec. 2431. Transportation of minors in
circumvention of certain laws
relating to abortion
(a) Offense-
(1) GENERALLY- Except as provided in
subsection (b), whoever knowingly
transports a minor across a State
line, with the intent that such
minor obtain an abortion, and
thereby in fact abridges the right
of a parent under a law requiring
parental involvement in a minor's
abortion decision, in force in the
State where the minor resides, shall
be fined under this title or
imprisoned not more than one year,
or both.
(2) DEFINITION- For the purposes of this
subsection, an abridgement of the
right of a parent occurs if an
abortion is performed or induced on
the minor, in a State or a foreign
nation other than the State where
the minor resides, without the
parental consent or notification, or
the judicial authorization, that
would have been required by that law
had the abortion been performed in
the State where the minor resides.
(b) Exceptions-
(1) The prohibition of subsection (a)
does not apply if the abortion was
necessary to save the life of the
minor because her life was
endangered by a physical disorder,
physical injury, or physical
illness, including a life
endangering physical condition
caused by or arising from the
pregnancy itself.
(2) A minor transported in violation of
this section, and any parent of that
minor, may not be prosecuted or sued
for a violation of this section, a
conspiracy to violate this section,
or an offense under section 2 or 3
based on a violation of this
section. …
… Gov. Sarah Palin also voiced her
dissatisfaction.
"It is outrageous that a minor girl can
get an abortion without parental
consent," said Palin. "The State
Supreme Court has failed Alaska by
separating parents from their
children during such a critical
decision, moving in the exact
opposite direction from the law's
intent."
Rep. John Coghill, a Republican, is
working with 10 lawmakers on a
constitutional amendment that would
get the stronger consent language in
place but would be significantly
more difficult to accomplish. …
Gov. Sarah Palin, a pro-life Republican,
asked the state high court for a
re-hearing in the case and
spokeswoman Sharon Leighow told the
newspaper she backs a constitutional
amendment.
"She feels parental consent is
reasonable because it is required in
nearly every aspect of a child's
life. It's a parent's right and
responsibility to be involved in
their child's life," Leighow said.
Palin said she was disappointed
lawmakers let a bill die requiring
girls under 17 to get parental
consent for an abortion.
"My belief is parents have the right to
know about the health and welfare of
their children," she said.
[103] Senate Bill
562: "Parental Notice of Abortion
Act of 2001." State of Illinois
Senate, 92nd General Assembly,
2001-2002.
http://www.ilga.gov
Section 10. Definitions…. "Minor" means
any person under 18 years of age who
is not or has not been married or
who has not been emancipated under
the Emancipation of Mature Minors
Act. …
Section 15. Notice to adult family
member. No person shall knowingly
perform an abortion upon a minor or
upon an incompetent person unless
the person or his or her agent has
given at least 48 hours actual
notice to an adult family member of
the pregnant minor or incompetent
person of his or her intention to
perform the abortion….
Section 20. Exceptions. Notice is not
required under this Act if … (3) the
attending physician certifies in the
patient's medical record that a
medical emergency exists and there
is insufficient time to provide the
required notice; or the minor
declares in writing that she is a
victim of sexual abuse, neglect, or
physical abuse by an adult family
member as defined in this Act….
Section 25. Procedure for judicial
waiver of notice. … A minor or
incompetent person may petition any
circuit court for a waiver of the
parental notice of abortion
requirement under this Act and may
participate in proceedings on her
own behalf. … All court proceedings
under this Section shall be sealed.
… These proceedings shall be given
precedence over other pending
matters to the extent necessary to
ensure that the court reaches a
decision promptly. … Notice under
this Act shall be waived if the
court finds by clear and convincing
evidence either:
(1) that the minor or incompetent person
is sufficiently mature and
well-enough informed to decide
intelligently whether to have an
abortion; or
(2) that notification under Section 15
of this Act would not be in the best
interests of the minor or
incompetent person. …
No fees shall be required of any minor
or incompetent person who avails
herself of the procedures provided
by this Section. …
Section 40. Penalties.
(a) A physician who willfully fails to
provide notice as required under
this Act before performing an
abortion on a minor or an
incompetent person shall be referred
to the Illinois State Medical
Disciplinary Board for action in
accordance with Section 22 of the
Medical Practice Act of 1987.
(b) A person, not authorized under this
Act, who signs any waiver of notice
under this Act for a minor or
incompetent person seeking an
abortion is guilty of a Class C
misdemeanor.
Majority of those Elected. "Majority of
those elected" means an absolute
majority of the total number of
Senators entitled to be elected to
the Senate, irrespective of the
number of elected or appointed
Senators actually serving in office.
So long as 59 Senators are entitled
to be elected to the Senate, "majority of those elected" shall
mean 30 affirmative votes.
Article 5-1(f):
No bill shall be passed by the Senate
except on a roll call vote of a
majority of those elected.
{Note that this
rule was effective at the time of
Obama's vote. The same rule is still
in effect as of June 2008.}
[106] Report:
Sexual Assault of Young Children as
Reported to Law Enforcement: Victim,
Incident, and Offender
Characteristics." By Howard N.
Snyder. Bureau of Justice
Statistics, U. S. Department of
Justice, July 2000.
http://ojp.usdoj.gov/bjs/pub/pdf/saycrle.pdf
Page 1: "The 1991
through 1996 NIBRS master files
contain reports from law enforcement
agencies in 12 States: Alabama,
Colorado, Idaho, Illinois, Iowa,
Massachusetts, Michigan, North
Dakota, South Carolina, Utah,
Vermont, and Virginia. These reports
were scanned to identify incidents
of sexual assault."
Page 3 (graph):
"Age profiles of sexual assault
victims, by offense category:
Forcible rape."
{The raw data used
to construct this graph was e-mailed
by the Bureau of Justice Statistics
to Just Facts on August 14, 2008.}
[107] Arkansas
State Code, Title 20, Subtitle 2,
Chapter 16, Subchapter 8: "Abortion
— Parental Notification."
Arkansas General Assembly.
Accessed June 2008 at
http://www.arkleg.state.ar.us/
20-16-801. Consent required.
Except as otherwise provided in §§
20-16-804 and 20-16-805, no person
may perform an abortion upon an
unemancipated minor or upon a woman
for whom a guardian or custodian has
been appointed because of a finding
of incompetency unless the person or
the person's agent first obtains the
written consent of either parent or
the legal guardian or custodian.
20-16-802. Definitions.
…
(3) "Minor" means an individual
under eighteen (18) years of age;
(4) "Parent" means:
(A) Either parent of the pregnant
woman if they are both living;
(B) One (1) parent of the pregnant
woman if only one (1) is living or
if the second one cannot be located
through reasonably diligent effort;
or
(C) The court-appointed guardian or
custodian if the pregnant woman has
one
[108] Article:
"Granite City Abortion Clinic Part
Of Rape Investigation." By Cordell
Whitlock. Channel 5, KDSK, St.
Louis, November 16, 2006.
http://www.ksdk.com/
Police in Bryant, Ark., say Cheshier
began assaulting the juvenile last
year. In October, he was arrested
and charged with rape. The victim
told police Cheshier had gotten her
pregnant and forced her to have an
abortion.
[109] Article:
"Protesters' photos may be clue in
rape case." By Shane Graber. St.
Louis Post-Dispatch, November 17,
2006.
http://www.stltoday.com/
The teen told police he got her pregnant
and took her to a St. Louis-area
abortion clinic in March, the
affidavit said.
[110] Article:
"Federal judge rejects request to
enforce Illinois abortion law."
Associated Press, March 2, 2008.
The Parental Notice of Abortion Act was
passed in 1984 and updated in 1995
but never enforced because the
Illinois Supreme Court refused to
issue rules spelling out how judges
should handle appeals of the
notification requirement.
Illinois … Enforcement permanently or
temporarily enjoined by a court
order; policy not in effect.
[112] Article:
"Granite City Abortion Clinic Part
Of Rape Investigation." By Cordell
Whitlock. Channel 5, KDSK, St.
Louis, November 16, 2006.
http://www.ksdk.com/
Angela Michael frequently protests
outside the clinic and police used a
photo she took of Cheshier's car to
prove he was there in March.
[113] Phone
conversation with the arresting
officer of Jeffrey Cheshier, June
12, 2008.
[Cheshier committed suicide. He was the
alleged victim's stepfather. The
girl kept detailed records on her
calendar, and as such, Cheshier was
facing about 12 counts of rape.]
Sec. 2431. Transportation of minors in
circumvention of certain laws
relating to abortion
(a) Offense-
(1) GENERALLY- Except as provided in
subsection (b), whoever knowingly
transports a minor across a State
line, with the intent that such
minor obtain an abortion, and
thereby in fact abridges the right
of a parent under a law requiring
parental involvement in a minor's
abortion decision, in force in the
State where the minor resides, shall
be fined under this title or
imprisoned not more than one year,
or both.
(b) Exceptions-
(1) The prohibition of subsection (a)
does not apply if the abortion was
necessary to save the life of the
minor because her life was
endangered by a physical disorder,
physical injury, or physical
illness, including a life
endangering physical condition
caused by or arising from the
pregnancy itself.
(2) A minor transported in violation of
this section, and any parent of that
minor, may not be prosecuted or sued
for a violation of this section, a
conspiracy to violate this section,
or an offense under section 2 or 3
based on a violation of this
section. ...
Sec. 2435. Child interstate abortion
notification
(a) Offense-
(1) GENERALLY- A physician who knowingly
performs or induces an abortion on a
minor in violation of the
requirements of this section shall
be fined under this title or
imprisoned not more than one year,
or both.
(2) PARENTAL NOTIFICATION- A physician
who performs or induces an abortion
on a minor who is a resident of a
State other than the State in which
the abortion is performed must
provide, or cause his or her agent
to provide, at least 24 hours actual
notice to a parent of the minor
before performing the abortion. If
actual notice to such parent is not
possible after a reasonable effort
has been made, 24 hours constructive
notice must be given to a parent.
(b) Exceptions- The notification
requirement of subsection (a)(2)
does not apply if
(1) the abortion is performed or induced
in a State that has, in force, a law
requiring parental involvement in a
minor's abortion decision and the
physician complies with the
requirements of that law;
(2) the physician is presented with
documentation showing with a
reasonable degree of certainty that
a court in the minor's State of
residence has waived any parental
notification required by the laws of
that State, or has otherwise
authorized that the minor be allowed
to procure an abortion;
(3) the minor declares in a signed
written statement that she is the
victim of sexual abuse, neglect, or
physical abuse by a parent, and,
before an abortion is performed on
the minor, the physician notifies
the authorities specified to receive
reports of child abuse or neglect by
the law of the State in which the
minor resides of the known or
suspected abuse or neglect;
(4) the abortion is necessary to save
the life of the minor because her
life was endangered by a physical
disorder, physical injury, or
physical illness, including a life
endangering physical condition
caused by or arising from the
pregnancy itself, or because in the
reasonable medical judgment of the
minor's attending physician, the
delay in performing an abortion
occasioned by fulfilling the prior
notification requirement of
subsection (a)(2) would cause a
substantial and irreversible
impairment of a major bodily
function of the minor arising from
continued pregnancy, not including
psychological or emotional
conditions, but an exception under
this paragraph does not apply unless
the attending physician or an agent
of such physician, within 24 hours
after completion of the abortion,
notifies a parent in writing that an
abortion was performed on the minor
and of the circumstances that
warranted invocation of this
paragraph; or
(5) the minor is physically accompanied
by a person who presents the
physician or his agent with
documentation showing with a
reasonable degree of certainty that
he or she is in fact the parent of
that minor.
Ron Fitzsimmons, the executive director
of the National Coalition of
Abortion Providers …
In the vast majority of cases, the
procedure is performed on a healthy
mother with a healthy fetus that is
20 weeks or more along, Mr.
Fitzsimmons said.
[119]
Twenty weeks after fertilization.
Intrauterine picture taken under the
direction of Professor Andrzej Skawina
of Collegium Medicum
Jagiellonian University (Krakow, Poland) and Antoni Marsinek of
the Czerwiakowski Gynecological and Obstetrics Hospital (Krakow,
Poland); Photographers: Andrzej Zachwieja and Jan Walczewski. Copyright:
Life Issues.
NOTE:
A
number of different photographers have published intrauterine photos. We
asked several such individuals if we could use their pictures, and Life
Issues was the only one who gave us permission. The pictures from
Life Issues look similar to those taken by the other photographers.
Cosponsors: 155
total (20 Democrats, 135
Republicans).
[121] Web page:
"Major Actions - H.R.1833: To amend
title 18, United States Code, to ban
partial-birth abortions." U.S.
Library of Congress, Accessed
September 3, 2008 at
http://thomas.loc.gov/
DATE
ACTION
6/14/1995
Introduced
in House
11/1/1995
Passed in
House by Yeas and Nays: 288
– 139 (Roll Call 756).
12/7/1995
Passed in
Senate with amendments by
Yeas and Nays: 54 – 44 (Vote
No. 596).
3/27/1996
Passed in
House with Senate amendments
by Yeas and Nays: 286 – 129
(Roll Call 94).
4/10/1996
Vetoed by
President.
9/19/1996
Passed in
House with the two-third
majority required to
override a Presidential veto
by Yeas and Nays: 285 - 137
(Roll Call 422).
9/26/1996
Failed in
Senate without the two-third
majority required to
override a Presidential veto
by Yeas and Nays: 58-40
(Vote No. 301).
[122] Calculations
performed with data from the
following sources:
2) Vote Number 94:
"H.R. 1833 - To amend title 18,
United States Code, to ban
partial-birth abortions (Agree to
Senate Amendments)." U.S. House
of Representatives, March 27,
1996.
http://thomas.loc.gov/
Voted YES
Voted NO
Not Voting
Republican
214
15
6
Democratic
72
113
9
Independent
1
Totals from House
and Senate votes above:
Voted YES
Voted NO
Not Voting
Total
Republican
259 (90%)
22 (8%)
6 (2%)
287
Democratic
81 (34%)
150 (63%)
9 (4%)
241
[123] Bill: "H.R.
1122 - Partial-Birth Abortion Ban
Act of 1997 (Enrolled as Agreed to
or Passed by Both House and
Senate)." U.S. Congress,
October 8, 1997.
http://thomas.loc.gov/
(a) Any physician who, in or affecting
interstate or foreign commerce,
knowingly performs a partial-birth
abortion and thereby kills a human
fetus shall be fined under this
title or imprisoned not more than
two years, or both. This paragraph
shall not apply to a partial-birth
abortion that is necessary to save
the life of a mother whose life is
endangered by a physical disorder,
illness, or injury. This paragraph
shall become effective one day after
enactment.
(b)(1) As used in this section, the term
'partial-birth abortion' means an
abortion in which the person
performing the abortion partially
vaginally delivers a living fetus
before killing the fetus and
completing the delivery.
House Resolution
[124] Web page:
"Major Actions - H.R. 1122: To amend
title 18, United States Code, to ban
partial-birth abortions." U.S.
Library of Congress, Accessed
September 3, 2008 at
http://thomas.loc.gov/
DATE
ACTION
3/19/1997
Introduced
in House
3/20/1997
Passed in
House by Yeas and Nays: 295
– 136 (Roll Call 65).
5/20/1997
Passed in
Senate with amendments by
Yeas and Nays: 64 – 36 (Vote
No. 71).
10/8/1997
Passed in
House with Senate amendments
by Yeas and Nays: 296 – 132
(Roll Call 500).
10/10/1997
Vetoed by
President.
7/23/1998
Passed in
House with the two-third
majority required to
override a Presidential veto
by Yeas and Nays: 296 – 132
(Roll Call 325).
9/18/1998
Failed in
Senate without the two-third
majority required to
override a Presidential veto
by Yeas and Nays: 64 – 36
(Vote No. 277).
[125] Calculations
performed with data from the
following sources:
2) Vote Number 500:
"H.R. 1122 - To amend title 18,
United States Code, to ban
partial-birth abortions (Agree to
Senate Amendments)." U.S. House
of Representatives, October 8,
1997.
http://thomas.loc.gov/
Voted YES
Voted NO
Not Voting
Republican
217
8
2
Democratic
79
123
4
Independent
1
Totals from House
and Senate votes above:
Voted YES
Voted NO
Not Voting
Total
Republican
268 (95%)
12 (4%)
2 (1%)
282
Democratic
92 (37%)
155 (62%)
4 (2%)
251
[126] Bill: "S.3:
Partial-Birth Abortion Ban Act of
2003. (Enrolled as Agreed to or
Passed by Both House and Senate)."
U.S. Congress, October 21,
2003.
http://thomas.loc.gov/
Sec. 1531. Partial -birth abortions
prohibited
(a) Any physician who, in or affecting
interstate or foreign commerce,
knowingly performs a partial -birth
abortion and thereby kills a human
fetus shall be fined under this
title or imprisoned not more than 2
years, or both. This subsection does
not apply to a partial-birth
abortion that is necessary to save
the life of a mother whose life is
endangered by a physical disorder,
physical illness, or physical
injury, including a life-endangering
physical condition caused by or
arising from the pregnancy itself.
This subsection takes effect 1 day
after the enactment.
(b) As used in this section--
(1) the term 'partial -birth abortion'
means an abortion in which the
person performing the abortion --
(A) deliberately and intentionally
vaginally delivers a living fetus
until, in the case of a head-first
presentation, the entire fetal head
is outside the body of the mother,
or, in the case of breech
presentation, any part of the fetal
trunk past the navel is outside the
body of the mother, for the purpose
of performing an overt act that the
person knows will kill the partially
delivered living fetus; and
(B) performs the overt act, other
than completion of delivery, that
kills the partially delivered living
fetus….
[127] Web page:
"Major Actions - H.R. 1122: To amend
title 18, United States Code, to ban
partial-birth abortions." U.S.
Library of Congress, Accessed
September 3, 2008 at
http://thomas.loc.gov/
DATE
ACTION
2/14/2003
Introduced
in Senate
3/13/2003
Passed in
Senate by Yeas and Nays: 64
– 33 (Vote No. 51).
6/4/2003
Passed in
House without objection.
10/2/2003
Conference
Report passed in House by
Yeas and Nays: 281 – 142
(Roll Call 530).
10/21/2003
Conference
Report passed in Senate by
Yeas and Nays: 64 – 34 (Vote
No. 402).
11/5/2003
Signed by
President. Became Public Law
No: 108-105.
[128] Calculations
performed with data from the
following sources:
1) Vote Number 530:
"S.3: A bill to prohibit the
procedure commonly known as
partial-birth abortion." U.S.
House of Representatives,
October 2, 2003.
http://thomas.loc.gov/
[129] Bill: "S.3 -
Partial-Birth Abortion Ban Act of
2003. (Enrolled as Agreed to or
Passed by Both House and Senate)."
U.S. Congress, October 21,
2003.
http://thomas.loc.gov/
Sec. 1531. Partial -birth abortions
prohibited
(a) Any physician who, in or affecting
interstate or foreign commerce,
knowingly performs a partial -birth
abortion and thereby kills a human
fetus shall be fined under this
title or imprisoned not more than 2
years, or both.
[130]
Ruling: Gonzales V. Carhart. United
States Supreme Court, April 18,
2007. Case 05-380. Decided 5-4.
Majority: Kennedy, Roberts, Scalia,
Thomas, Alito. Concurring: Thomas,
Scalia. Dissenting: Ginsburg,
Stevens, Souter, Breyer.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...
Section IV (B):
In addition the Act's prohibition only
applies to the delivery of "a living
fetus." … If the [partial birth
abortion] procedure is truly
necessary in some circumstances, it
appears likely an injection that
kills the fetus is an alternative
under the Act that allows the doctor
to perform the procedure.
[131] Article:
"Harsh Details Shift Tenor of
Abortion Fight; Both Sides Bend
Facts On Late-Term Procedure." By
Barbara Vobejda & David Brown.
Washington Post, September 17,
1996. Page A01.
The usual alternative to intact D&E is
"dismemberment D&E," in which the
fetal limbs are pulled off the body
in utero, sometimes while the fetus
is still alive.
{See next note for
a more detailed explanation.}
[132] Ruling:
Gonzales V. Carhart. United
States Supreme Court, April 18,
2007. Case 05-380. Decided 5-4.
Majority: Kennedy, Roberts, Scalia,
Thomas, Alito. Concurring: Thomas,
Scalia. Dissenting: Ginsburg,
Stevens, Souter, Breyer.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...
Section I (A):
Of the remaining abortions that take
place each year, most occur in the
second trimester. The surgical
procedure referred to as "dilation
and evacuation" or "D&E" is the
usual abortion method in this
trimester. …
After sufficient dilation the surgical
operation can commence. The woman is
placed under general anesthesia or
conscious sedation. The doctor,
often guided by ultrasound, inserts
grasping forceps through the woman's
cervix and into the uterus to grab
the fetus. The doctor grips a fetal
part with the forceps and pulls it
back through the cervix and vagina,
continuing to pull even after
meeting resistance from the cervix.
The friction causes the fetus to
tear apart. For example, a leg might
be ripped off the fetus as it is
pulled through the cervix and out of
the woman. The process of evacuating
the fetus piece by piece continues
until it has been completely
removed. A doctor may make 10 to 15
passes with the forceps to evacuate
the fetus in its entirety, though
sometimes removal is completed with
fewer passes. Once the fetus has
been evacuated, the placenta and any
remaining fetal material are
suctioned or scraped out of the
uterus. The doctor examines the
different parts to ensure the entire
fetal body has been removed. See,
e.g.,Nat. Abortion
Federation, supra, at 465;
Planned Parenthood, supra, at
962.
Some doctors, especially later in the
second trimester, may kill the fetus
a day or two before performing the
surgical evacuation. They inject
digoxin or potassium chloride into
the fetus, the umbilical cord, or
the amniotic fluid. Fetal demise may
cause contractions and make greater
dilation possible. Once dead,
moreover, the fetus' body will
soften, and its removal will be
easier. Other doctors refrain from
injecting chemical agents, believing
it adds risk with little or no
medical benefit. Carhart, supra,
at 907-912; Nat. Abortion
Federation, supra, at 474-475. …
The main difference between the two
procedures is that in [a partial
birth abortion] a doctor extracts
the fetus intact or largely intact
with only a few passes.
Section III (C) 1:
The Act excludes most D&Es [dilation and
evacuations] in which the fetus is
removed in pieces, not intact. …
Removing the fetus in this manner
does not violate the Act because the
doctor will not have delivered the
living fetus to one of the
anatomical landmarks or committed an
additional overt act that kills the
fetus after partial delivery. …
D&E does not involve the delivery of a
fetus because it requires the
removal of fetal parts that are
ripped from the fetus as they are
pulled through the cervix.
[133] Ruling:
Gonzales V. Carhart. United
States Supreme Court, April 18,
2007. Case 05-380. Decided 5-4.
Majority: Kennedy, Roberts, Scalia,
Thomas, Alito. Concurring: Thomas,
Scalia. Dissenting: Ginsburg,
Stevens, Souter, Breyer.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?...
In No. 05-380 (Carhart)
respondents are LeRoy Carhart,
William G. Fitzhugh, William H.
Knorr, and Jill L. Vibhakar, doctors
who perform second-trimester
abortions. These doctors filed their
complaint against the Attorney
General of the United States in the
United States District Court for the
District of Nebraska. They
challenged the constitutionality of
the Act and sought a permanent
injunction against its enforcement.
[134]
Ruling: Gonzales V. Carhart. United
States Supreme Court, April 18,
2007. Case 05-380. Decided 5-4.
Majority: Kennedy, Roberts, Scalia,
Thomas, Alito. Concurring: Thomas,
Scalia. Dissenting: Ginsburg,
Stevens, Souter, Breyer.
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&...
In No. 05-380 (Carhart)
respondents are LeRoy Carhart,
William G. Fitzhugh, William H.
Knorr, and Jill L. Vibhakar, doctors
who perform second-trimester
abortions. These doctors filed their
complaint against the Attorney
General of the United States in the
United States District Court for the
District of Nebraska. They
challenged the constitutionality of
the Act and sought a permanent
injunction against its enforcement.
…
Respondents have not demonstrated that
the Act, as a facial matter, is void
for vagueness, or that it imposes an
undue burden on a woman's right to
abortion based on its overbreadth or
lack of a health exception. For
these reasons the judgments of the
Courts of Appeals for the Eighth and
Ninth Circuits are reversed.
McCain said he would have never
nominated Justices Ruth Bader
Ginsburg, Stephen Breyer, David
Souter and John Paul Stevens.
[139] Bill
"S.1173 -
Freedom of Choice Act." Introduced
in the United States Senate,
April 19, 2007.
http://thomas.loc.gov/
To protect, consistent with
Roe v. Wade,
a woman's freedom to choose to bear
a child or terminate a pregnancy,
and for other purposes.
[Introduced by Barbara Boxer
(D-California) for herself, Patty
Murray (D-Washington), Debbie
Stabenow (D-Michigan), Jeff Bingaman
(D-New Mexico), Robert Menendez
(D-New Jersey), Frank Lautenberg
(D-New Jersey), Benjamin Cardin
(D-Maryland), Chuck Schumer (D-New
York), Diane Feinstein
(D-California), Hillary Clinton
(D-New York), Barbara Mikulski
(D-Maryland), Max Baucus
(D-Montana), Maria Cantwell
(D-Washington).]
SEC. 4. INTERFERENCE WITH
REPRODUCTIVE HEALTH PROHIBITED.
…
(b) Prohibition of Interference- A
government may not-
(1) deny or interfere with a woman's
right to choose—
(A) to bear a child;
(B) to terminate a pregnancy prior to
viability; or
(C) to terminate a pregnancy after
viability where termination is
necessary to protect the life or
health of the woman; or
(2) discriminate against the exercise of
the rights set forth in paragraph
(1) in the regulation or provision
of benefits, facilities, services,
or information. …
SEC. 6. RETROACTIVE EFFECT.
This Act applies to every Federal,
State, and local statute, ordinance,
regulation, administrative order,
decision, policy, practice, or other
action enacted, adopted, or
implemented before, on, or after the
date of enactment of this Act.
[140] Bill: "H.R.
1964 IH - Freedom of Choice Act."
Introduced in U.S. House of
Representatives, April 19, 2007.
http://thomas.loc.gov/
[Introduced by Jerrold Nadler (New
York), 56 other Democrats, and one
Republican who has since withdrawn
his sponsorship.]
SEC. 2. FINDINGS. …
(9) Further threatening Roe, the Supreme
Court recently upheld the first-ever
Federal ban on abortion, which has
no exception to protect a woman's
health. The majority decision in
Gonzales v. Carhart and Gonzales v.
Planned Parenthood Federation of
America permits the government to
interfere with a woman's right to
choose to terminate a pregnancy and
effectively overturns a core tenet
of Roe v. Wade by abandoning more
than 30 years of protection for
women's health. …
SEC. 4. INTERFERENCE WITH
REPRODUCTIVE HEALTH PROHIBITED.
(a) Statement of Policy- It is the
policy of the United States that
every woman has the fundamental
right to choose to bear a child, to
terminate a pregnancy prior to fetal
viability, or to terminate a
pregnancy after fetal viability when
necessary to protect the life or
health of the woman.
(b) Prohibition of Interference- A
government may not—
(1) deny or interfere with a woman's
right to choose—
(A) to bear a child;
(B) to terminate a pregnancy prior to
viability; or
(C) to terminate a pregnancy after
viability where termination is
necessary to protect the life or
health of the woman; or
(2) discriminate against the exercise of
the rights set forth in paragraph
(1) in the regulation or provision
of benefits, facilities, services,
or information. …
SEC. 6. RETROACTIVE EFFECT.
This Act applies to every Federal,
State, and local statute, ordinance,
regulation, administrative order,
decision, policy, practice, or other
action enacted, adopted, or
implemented before, on, or after the
date of enactment of this Act.
Yesterday [April 19, 2007] I was pleased
to stand with Senator Barbara Boxer,
Representative Jerrold Nadler and
many members of Congress as they
announced the reintroduction of this
important act, which would
legislatively reverse the Court's
damaging decision [in Gonzalez v.
Carhart] and will enshrine in
federal law our right to safe, legal
abortion.
At the request of Mrs. BOXER, the name
of the Senator from Illinois (Mr.
OBAMA) was added as a cosponsor of
S. 1173, a bill to protect,
consistent with Roe v. Wade, a
woman's freedom to choose to bear a
child or terminate a pregnancy, and
for other purposes.
Jane Roe,4 a single woman who
was residing in Dallas County,
Texas, instituted this federal
action in March 1970 against the
District Attorney of the county. She
sought a declaratory judgment that
the Texas criminal abortion statutes
were unconstitutional on their face,
and an injunction restraining the
defendant from enforcing the
statutes. [Note 4: "The name is a
pseudonym."]
Roe alleged that she was unmarried and
pregnant; that she wished to
terminate her pregnancy by an
abortion "performed by a competent,
licensed physician, under safe,
clinical conditions"; that she was
unable to get a "legal" abortion in
Texas because her life did not
appear to be threatened by the
continuation of her pregnancy; and
that she could not afford to travel
to another jurisdiction in order to
secure a legal abortion under safe
conditions.
[145] Book: I
Am Roe. By Norma McCorvey.
Harper Collins, 1994. Norma McCorvey
first made her identity public in
the mid 1980's. Pages 172-173
contain information about her first
appearance on television, but no
date is given. However, the events
in the book are chronologically
arranged, and the context of the
book indicates that this event took
place sometime between 1984 and
1986.
[146] Article:
"Henry Wade, Prosecutor in National
Spotlight, Dies at 86." By Wolfgang
Saxon. New York Times, March
2, 2001.
For the stage prior to approximately the
end of the first trimester, the
abortion decision and its
effectuation must be left to the
medical judgment of the pregnant
woman's attending physician. … The
State may define the term "physician" to mean only a physician
currently licensed by the State, and
may proscribe any abortion by a
person who is not a physician as so
defined.
For the stage subsequent to
approximately the end of the first
trimester, the State, in promoting
its interest in the health of the
mother, may, if it chooses, regulate
the abortion procedure in ways that
are reasonably related to maternal
health."
Section X:
Examples of permissible state regulation
in this area are requirements as to
the qualifications of the person who
is to perform the abortion; as to
the licensure of that person; as to
the facility in which the procedure
is to be performed, that is, whether
it must be a hospital or may be a
clinic or some other place of
less-than-hospital status; as to the
licensing of the facility; and the
like.
For the stage subsequent to viability
the State, in promoting its interest
in the potentiality of human life,
may, if it chooses, regulate, and
even proscribe, abortion except
where necessary, in appropriate
medical judgment, for the
preservation of the life or health
of the mother.
Specific and direct harm medically
diagnosable even in early pregnancy
may be involved. Maternity, or
additional offspring, may force upon
the woman a distressful life and
future. Psychological harm may be
imminent. Mental and physical health
may be taxed by child care. There is
also the distress, for all
concerned, associated with the
unwanted child, and there is the
problem of bringing a child into a
family already unable,
psychologically and otherwise, to
care for it. In other cases, as in
this one, the additional
difficulties and continuing stigma
of unwed motherhood may be involved.
All these are factors the woman and
her responsible physician
necessarily will consider in
consultation.
[152]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
[T]he medical judgment may be exercised
in the light of all factors --
physical, emotional, psychological,
familial, and the woman's age --
relevant to the well-being of the
patient. All these factors may
relate to health.
[153]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
In
Doe v. Bolton, post, p. 179,
procedural requirements contained in
one of the modern abortion statutes
are considered. That opinion and
this one, of course, are to be read
together.
[155]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
NOTE: Appendix "A"
contains the relevant text of the
Criminal Code of Georgia.
[156]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
C. … We agree with the District Court …
the medical judgment may be
exercised in the light of all
factors -- physical, emotional,
psychological, familial, and the
woman's age -- relevant to the
well-being of the patient. All these
factors may relate to health."
NOTE:
Contrary to some
commentaries on this case, these
statements do not constitute a new
ruling. This aspect of the law was
not before the court in this
instance. It was before the lower
court, ruled upon, and the appeal
was not accepted by the Supreme
Court. In the quote above, the
Supreme Court was simply restating
their decision in Roe v. Wade. As
Section II of Doe v. Bolton
states: "The extent, therefore, to
which the District Court decision
was adverse to the defendants, that
is, the extent to which portions of
the Georgia statutes were held to be
unconstitutional, technically is not
now before us."
[157]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
[F]or an abortion to be authorized [410
U.S. 179, 184] or performed as a
noncriminal procedure, additional
conditions must be fulfilled. These
are ... (3) reduction to writing of
the performing physician's medical
judgment that an abortion is
justified for one or more of the
reasons specified by 26-1202 (a),
with written concurrence in that
judgment by at least two other
Georgia-licensed physicians, based
upon their separate personal medical
examinations of the woman … (5)
advance approval by an abortion
committee of not less than three
members of the hospital's staff….
[158]
Ruling: Doe v. Bolton. U.S. Supreme Court,
January 22, 1973. Case 410 U.S. 179.
Decided 7-2. Majority: Blackmun,
Brennan, Stewart, Marshall, Powell.
Concurring: Burger, Douglas.
Dissenting: White, Rehnquist.
The [District] court, however, held that
Georgia's interest in protection of
health, and the existence of a 'potential of independent human
existence' … justified state
regulation of 'the manner of
performance as well as the quality
of the final decision to abort' …
and it refused to strike down the
other provisions of the statutes.
Section IV:
D. The appellants next argue that the
District Court should have declared
unconstitutional three procedural
demands of the Georgia statute: (1)
that the abortion be performed in a
hospital accredited by the Joint
Commission on Accreditation of
Hospitals:11 (2) that the
procedure be approved by the
hospital staff abortion committee;
and (3) that the performing
physician's judgment be confirmed by
the independent examinations of the
patient by two other licensed
physicians. …
We hold that the JCAH-accreditation
requirement does not withstand
constitutional scrutiny in the
present context. …
We conclude that the interposition of
the hospital abortion committee is
unduly restrictive of the patient's
rights and needs that, at this
point, have already been medically
delineated and substantiated by her
personal physician. …
There remains, however, the required
confirmation by two Georgia-licensed
physicians in addition to the
recommendation of the pregnant
woman's own consultant (making under
the statute, a total of six
physicians involved, including the
three on the hospital's abortion
committee). We conclude that this
provision, too, must fall.
The statute's emphasis, as has been
repetitively noted, is on the
attending physician's "best clinical
judgment that an abortion is
necessary." That should be
sufficient. The reasons for the
presence of the confirmation step in
the statute are perhaps apparent,
but they are insufficient to
withstand constitutional challenge.
… If a physician is licensed by the
State, he is recognized by the State
as capable of exercising acceptable
clinical judgment. … If a physician
is licensed by the State, he is
recognized by the State as capable
of exercising acceptable clinical
judgment.
Consideration of the fundamental
constitutional question resolved by
Roe v. Wade, 410 U.S. 113,
principles of institutional
integrity, and the rule of stare decisis require that Roe's essential
holding be retained [505 U.S. 834]
and reaffirmed as to each of its
three parts: (1) a recognition of a
woman's right to choose to have an
abortion before fetal viability and
to obtain it without undue
interference from the State, whose
pre-viability interests are not
strong enough to support an abortion
prohibition or the imposition of
substantial obstacles to the woman's
effective right to elect the
procedure; (2) a confirmation of the
State's power to restrict abortions
after viability, if the law contains
exceptions for pregnancies
endangering a woman's life or
health; and (3) the principle that
the State has legitimate interests
from the outset of the pregnancy in
protecting the health of the woman
and the life of the fetus that may
become a child. …
Roe's rigid trimester framework is
rejected. To promote the State's
interest in potential life
throughout pregnancy, the State may
take measures to ensure that the
woman's choice is informed. Measures
designed to advance this interest
should not be invalidated if their
purpose is to persuade the woman to
choose childbirth over abortion.
These measures must not be an undue
burden on the right.
Adoption of the undue burden standard
does not disturb Roe's holding that,
regardless of whether exceptions are
made for particular circumstances, a
State may not prohibit any woman
from making the ultimate decision to
terminate her pregnancy before
viability.
Roe's holding that "subsequent to
viability, the State, in promoting
its interest in the potentiality of
human life, may, if it chooses,
regulate, and even proscribe,
abortion except where it is
necessary, in appropriate medical
judgment, for the preservation of
the life or health of the mother" is
also reaffirmed.
The chance of survival for a 21-week
six-day old fetus is zero. That's
something Miami obstetrician
Guillermo Lievano thought he knew
for sure. Then he delivered Amillia
Taylor, who weighed just 10 ounces,
and appears to be the youngest
premature baby ever to survive,
beating the record by more than a
week.
[T]he State may take measures to ensure
that the woman's choice is informed,
and measures designed to advance
this interest will not be
invalidated as long as their purpose
is to persuade the woman to choose
childbirth over abortion. These
measures must not be an undue burden
on the right.
As with any medical procedure, the State
may enact regulations to further the
health or safety of a woman seeking
an abortion. Unnecessary health
regulations that have the purpose or
effect of presenting a substantial
obstacle to a woman seeking an
abortion impose an undue burden on
the right. [505 U.S. 833, 879]
Our adoption of the undue burden
analysis does not disturb the
central holding of Roe v. Wade, and
we reaffirm that holding. Regardless
of whether exceptions are made for
particular circumstances, a State
may not prohibit any woman from
making the ultimate decision to
terminate her pregnancy before
viability.
[163] Paper:
"Termination of pregnancy for fetal
anomaly: a population-based study
1995 to 2004." By M. Wyldes. BJOG:
An International Journal of
Obstetrics and Gynaecology, May
2007. Pages 639-642.
http://www.blackwell-synergy.com/doi/abs/10.1111/...
Location: West Midlands region of
Britain
Sample period: 1995-2004
Sample size: 808,237 conceptions;
646,342 births
Number of preborn humans aborted because
they had conditions such as Down's
Syndrome, heart defects, and kidney
problems = 3,189
Median age at time of abortion: 19 weeks
(range of 8 to 40 weeks)
Number of live births: 102
Median survival time: 80 minutes (37
newborns survived for an hour or
less, six for 6 hours or more)
[164] Article:
"Fetus." By Frank D. Allan in the
Encyclopedia of Human Biology.
Academic Press, 1997. Volume 3. Page
962 states that in the third month,
"Electrical activity of the nervous
system is discernible…. Attempts to
suckle have been seen in utero and
in aborted fetuses of 3 months."
Ms. DePaul will not identify Gianna's
birth mother, the doctor who
performed the abortion, the clinic
or the nurse who, she said, rescued
Gianna by transferring her to a
hospital nursery. But to support her
story she released some of the
medical records from the adoption,
including a section called "Complications of Birth," which has
the notation, "Born during saline
abortion."
On April 30, 2005 she completed her
first 26.2 mile marathon…. On April
23, 2006 she completed the London
Marathon as well. …
In fact she has run a marathon, is an
accomplished singer and writer and
travels the world to campaign
against abortion.
[171] Testimony:
"Jill L. Stanek, Mokena, IL."
Subcommittee on the Constitution,
Judiciary Committee, U.S. House Of
Representatives, July 20, 2000.
Pages 34-39.
My name is Jill Stanek, and I am a
registered nurse who has worked in
the Labor and Delivery Department at
Christ Hospital in Oak Lawn,
Illinois, for the past 5 years.
Christ Hospital performs abortions
on women in their second or even
third trimesters of pregnancy.
Sometimes the babies aborted are
healthy, and sometimes they are not.
…
… It is not uncommon for a live
aborted baby to linger for an hour
or two or even longer. One of these
babies was known to live for almost
an entire 8-hour shift.
In the event that a baby is aborted
alive, he or she receives no medical
assessments or care, but is given
only what the Christ Hospital calls
"comfort care." Comfort care is
defined as keeping the baby warm in
a blanket until he or she dies,
although even this so-called
compassion is not always provided.
It is not required that these babies
be held during their short lives.
One night, a nursing co-worker was
taking an aborted Down's syndrome
baby who was born alive to our
Soiled Utility Room because his
parents did not want to hold him and
she did not have time to hold him. I
could not bear the thought of this
suffering child dying alone in a
Soiled Utility Room, so I cradled
and rocked him for the 45 minutes
that he lived. …
Other co-workers have told me upsetting
stories about live aborted babies
whom they have cared for. I was told
about an aborted baby who was
supposed to have spina bifida, but
was delivered with an intact spine.
Another nurse is haunted by the
memory of an aborted baby who came
out weighing much more than
expected—almost 2 pounds. She is
haunted because she doesn't know if
she made a mistake by not getting
that baby any medical help. A
support associate told me about a
live aborted baby who was left to
die on a counter in our Soiled
Utility room wrapped in a disposable
towel. This baby was accidentally
thrown in the garbage. Later, when
they were going through the trash
trying to find the baby, the baby
fell out of the towel and onto the
floor.
I was recently told about a
situation by a nurse who said, "I
can't stop thinking about it." She
had a patient who was 23-plus weeks
pregnant, and it did not look as if
her baby would continue to be able
to live inside of her. The baby was
healthy and had up to a 39 percent
chance of survival, according to our
national statistics. But the patient
chose to abort. The baby was born
alive. … After delivery, the baby,
who showed early signs of
thriving—her Apgars improved—was
merely wrapped in a blanket and kept
in the Labor and Delivery Department
until she died two and a half hours
later.
[172] Testimony:
"Allison Baker, Charlottesville,
VA." Subcommittee on the
Constitution, Judiciary Committee,
U.S. House Of Representatives,
July 20, 2000. Pages 40-43.
I am also an RN. I worked at Christ
Hospital for a year between the time
of August 1998 to August 1999. I am
now presently a pediatric nurse in
Charlottesville.
During this time, I witnessed three
cases. When I first started, I was
on day shift. I walked into the
Soiled Utility Room to throw
something away, and laying on the
metal part of the table with nothing
underneath, there was a fetus, a
baby, moving vigorously, just laying
there.
I went out to find the nurse who was
responsible for this baby, and she
said that the mother had been what
they call a therapeutic abortion, as
Jill had explained, and that she
just didn't have time to do anything
with the baby at the time, and that
if I could, could I wrap the baby
and put the baby in a warmer.
So I went to the Soiled Utility Room,
wrapped the baby, and held the baby
and found a warmer and placed the
baby in the warmer. And for about
two and a half hours, the baby
maintained a heartbeat, the baby was
alive. …
The next case that I actually
participated in was I had come on to
shift and there was a patient that
had delivered a baby, a 20-week
fetus who had spina bifida. The
baby, once again, was alive and the
baby had a heartbeat. It took an
hour and 45 minutes for this baby to
finally expire. …
The last case that I experienced while I
was there was a 16-week fetus that
was aborted, and the baby was
supposed to have had Down's. And the
baby at 16 weeks was born with a
heartbeat, and the parents thought
that the baby would die right away
because it was so early. The baby
ended up living for approximately 45
minutes, and during this time, the
parents were very upset and kept
questioning me and other nurses: how
come their baby wasn't dead, when
was their baby going to die, why was
their baby alive?
[173] Article:
"Bill proposes care for fetus after
abortion." By Dave McKinney.
Chicago Sun-Times. March 31,
2001.
A spokesman for Christ Hospital's
parent, Advocate Health Care, said
it provides "compassionate care" for
its patients and estimated that
between 10 percent and 20 percent of
fetuses with genetic defects that
are aborted survive for short
periods outside the womb.
(a) In determining the meaning of any
statute or of any rule, regulation,
or interpretation of the various
administrative agencies of this
State, the words "person", "human
being", "child", and "individual"
include every infant member of the
species homo sapiens who is born
alive at any stage of development.
(b) As used in this Section, the term
"born alive", with respect to a
member of the species homo sapiens,
means the complete expulsion or
extraction from its mother of that
member, at any stage of development,
who after that expulsion or
extraction breathes or has a beating
heart, pulsation of the umbilical
cord, or definite movement of
voluntary muscles, regardless of
whether the umbilical cord has been
cut and regardless of whether the
expulsion or extraction occurs as a
result of natural or induced labor,
cesarean section, or induced
abortion.
(c) A live child born as a result of an
abortion shall be fully recognized
as a human person and accorded
immediate protection under the law.
[177] Vote:
"Senate Bill 1662 (third reading) –
An Act concerning infants who are
born alive." State of Illinois
Senate, 92nd General
Assembly, April 4, 2002.
The SPEAKER pro tempore (Mr. STEARNS).
The question is on the motion
offered by the gentleman from
Wisconsin (Mr. SENSENBRENNER) that
the House suspend the rules and pass
the bill, H.R. 2175 [Born-Alive
Infants Protection Act].
The question was taken.
The SPEAKER pro tempore. In the opinion
of the Chair, two-thirds of those
present have voted in the
affirmative.
There being no objection, the Senate
proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous
consent that the bill be read the
third time and passed, the motion to
reconsider be laid upon the table,
and that any statements relating to
the bill be printed in the RECORD.
The PRESIDING OFFICER. Without
objection, it is so ordered.
The bill (H.R. 2175) was read the third
time and passed.
To protect infants who are born alive.
[H.R. 2175] …
(a) In determining the meaning of any
Act of Congress, or of any ruling,
regulation, or interpretation of the
various administrative bureaus and
agencies of the United States, the
words 'person', 'human being', 'child', and
'individual', shall
include every infant member of the
species homo sapiens who is born
alive at any stage of development.
(b) As used in this section, the term
'born alive', with respect to a
member of the species homo sapiens,
means the complete expulsion or
extraction from his or her mother of
that member, at any stage of
development, who after such
expulsion or extraction breathes or
has a beating heart, pulsation of
the umbilical cord, or definite
movement of voluntary muscles,
regardless of whether the umbilical
cord has been cut, and regardless of
whether the expulsion or extraction
occurs as a result of natural or
induced labor, cesarean section, or
induced abortion.
(c) Nothing in this section shall be
construed to affirm, deny, expand,
or contract any legal status or
legal right applicable to any member
of the species homo sapiens at any
point prior to being 'born alive' as
defined in this section.
