Partial Birth Abortion ban in Supreme Court
Two hours of oral argument on a federal “partial birth” abortion ban at the Supreme Court on Wednesday showed that the justices are intensely focused on the procedure’s medical details and health implications — but produced few clues as to how they might rule.
The article contains what I think is an interesting legal and constitutional question, raised by Justice Kennedy:
At one point, Kennedy, who dissented when the court struck down a similar state ban in 2000, repeated a concern he voiced in that case. “Your argument,” he told Priscilla Smith, a lawyer for doctors challenging the law, “is that there is always a constitutional right to use what the physician thinks is the safest procedure.”
The 2005 Decision on medical marijuana seems to undercut that arguement to me. I find this argument interesting because one could accept the ‘facts’ that both sides present, on the anti-abortion side that intact dialation and extraction is a gruesome procedure, more akin to infanticide than to other abortions, and the argument from the pro-abortion side that this is sometimes the best medical choice to make and still arrive at a variety of decisions based upon how you determine this ethical question.
Some other, wider ranging, permutations might apply as well. For example, one can easily imagine that the safest and best medical treatment from an individuals point of view might be cloned body parts. If a ban on human cloning prevented these organs from being obtained, does that violate an individuals right to the ’safest’ procedure? I expect that few of the sitting Justices would agree. Certainly I am sure that none of them would agree that one as a ‘right’ to obtain needed organs from someone without their consent, even if those organs would be safest.
I happen to be pretty skeptical of the notion that partial birth abortion is medically necessary. In addition, I think that their is a point before birth, but well after conception, in which we should begin extending some of the rights that we grant other human life. A fetus is of a different class than an organ or a tumor. At the same time, it is worthy of remembering that a fetus presents a special challenge by automatically intruding upon the autonomy of the mother, and unlike a baby this dependence cannot be transferred to another. It is an ethically difficult subject, and crafting legal opinions that will reflect that properly would be difficult even absent the intense emotions surrounding the issue. That said, I think that the partial birth abortion procedure lies enough to one side of the blurry gray line that I strongly support it being banned.



YES!!!