The Abortion Battle Lines

In didn’t take long for things to heat up in the Abortion Access arena did it? First, the newly constituted court agrees to consider the Federal Partial-birth Abortion ban that has already been declared unconstitutional by three Federal District Courts.

And now the South Dakota Legislature has essentially thrown down the gauntlet by passing a bill that appears to ban all abortions and doesn’t include safeguards when the health of the mother is jeopardized. Assuming Governor Rounds signs the bill, and almost everyone thinks he will, it will be immediately challenged by Planned Parenthood of South Dakota and we’ll be off to the races.

Let’s be logical for a moment shall we? Everyone agrees that what has come to be called “partial-birth abortion” is a gruesome medical procedure. I've had the misfortune to see the diagrams illustrating the procedure and I can't think of too many things I am more emotionally opposed to than that! However, when a late term pregnancy needs to be terminated, either due to a health risk to the mother or a loss of fetal viability, it is, according to most doctors, the safest approach. It is used in less than 1% of all abortion procedures.

The Republican Congress, based upon its extensive medical expertise (*cough, cough*), has taken it upon itself to declare that the procedure is never medically necessary. To my mind that is beyond arrogant and totally unjustifiable. Unless the high court is willing to declare that the life of a late term fetus takes precedence over the life and health of its mother, I don’t see how they can uphold this law. Allowing a gaggle of politicians in Washington, or a state capital, to decide what medical procedures are necessary is simply ludicrous.

As far as the South Dakota bill is concerned, I’m certain it will be declared unconstitutional in Federal District court, or at least parts of it will, and it too may ultimately get to Washington and the nine Supremes. This would be an opportunity to overturn Roe v. Wade or significantly expand the cases under which abortions may be regulated. However, again, unless the high court is willing to declare that the life of any fetus takes precedence over the life and health of its mother, which makes absolutely no sense because if the mother dies, so does the fetus, I don’t see how they can uphold this law, at least not as it presently reads, either.