Russell and Duenes

What the Partial-Birth Abortion Ban Act Does NOT Prohibit

with one comment

In Gonzales v. Carhart, the Supreme Court upheld what’s called “The Partial Birth Abortion Ban Act.” But the reason the Court upheld the Act is because it prohibits only one very specific method of killing babies. What’s terrifying and gruesome is what it doesn’t prohibit.

According to the decision, babies may no longer be killed by delivering them intact until only the head appears, or until their lower bodies appear up to the navel, and then puncturing their skulls with scissors and sucking their brains out. You say to yourself, “That’s good!”

But here’s what the Gonzales decision leaves as legal options for abortions right up to nine months:

1) Reaching into the woman’s womb with forceps and crushing the baby’s skull, and then delivering the baby stillborn,

2) Injecting the baby with lethal amounts of potassium chloride or digoxin, which induces a massive heart attack, killing the baby, and then delivering the baby stillborn,

3) Reaching into the woman’s womb with forceps and other instruments and ripping the baby back and forth through the woman’s cervix until the baby is dismembered and killed, and then vacuuming out all of the remains,

4) Delivering the baby up to some point short of the “anatomical landmarks” laid out in this decision, and then puncturing her skull and sucking her brains out, and

5) Essentially any method possible to kill the baby as long as the baby is not delivered intact up to the “anatomical landmarks,” namely, the head or the navel.

One must give Justice Ginsburg credit for pointing out in her dissent that the ban on partial birth abortions “saves not a single fetus from destruction, for it targets only a method of performing abortion” (italics hers). She says, “In short, the Court upholds a law that, while doing nothing to ‘preserv[e]…fetal life,’ bars a woman from choosing intact D & E although her doctor ‘reasonably believes [that procedure] will best protect [her].'” Of course, Justice Ginsburg would legalize any and all methods of killing babies, allowing doctors to choose the methods they deem to be safest to the woman, because to Ginsburg, the unborn, at all stages of pregnancy, are all the same: unworthy of protection.


Written by Michael Duenes

July 31, 2012 at 10:46 am

One Response

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  1. […] I wrote on the Supreme Court’s partial birth abortion ruling in Gonzales v. Carhart (see here, here and […]

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