Culture of Life
April 9, 2019 April 13, 2019 Tom Shakely Life
Visiting the Senate
Catherine Glenn Foster testified before the U.S. Senate Judiciary Committee this morning on S. 160, Sen. Lindsey Graham's "Pain-Capable Unborn Child Protection Act." It was a beautiful day for important testimony, some of which I'm sharing here:
Human life in the womb is recognized and protected in federal law and by the laws of most states against crimes of violence. The Unborn Victims of Violence Act makes it a federal crime to kill or cause bodily injury to an unborn human in utero. 18 U.S.C. § 1841(a)(1). Thirty-eight states currently treat the killing of an preborn human as homicide, with at least twenty-eight of those states criminalizing the act from conception. Nearly all fifty states, as well as the District of Columbia, have wrongful death statues, allowing recovery for the death of an unborn human or the subsequent death of an infant born alive who was injured while in utero. Outside of the context of elective abortion, the medical profession recognizes that a physician treating a pregnant mother has two patients, the maternal patient and the fetal patient, and owes duties of care to each.
The regulation of abortion after twenty weeks simply recognizes that there is substantial medical evidence that the preborn child feels pain by that point. However, the question of when a fetus can experience pain has been the subject of some debate over the last two decades. There is research to show that the sensory connections for feeling pain are present by 20 weeks gestation. In fact, there is a steadily increasing body of medical evidence and literature supporting the conclusion that a fetus may feel pain from around 11 to 13 weeks, or even as early as 5.5 weeks. Indeed, there is some evidence that fetal suffering may actually be more intense due to the uneven maturation of fetal neurophysiology. A British survey of neuroscientists showed that 80% of the neuroscientists participating in the survey felt that pain relief should be given to a fetus for abortions after 11 weeks gestation.
Moreover, medical information on fetal neurological development and a child's consequent ability to feel pain in the womb is a concern of women considering abortion, and therefore providing this information is relevant for a woman to make a fully-informed choice on whether or not to obtain an abortion. In light of this, six states have laws requiring abortion facilities to give women information on fetal pain. Arkansas, Kansas, Louisiana, Minnesota, Missouri, and Oklahoma require physicians to inform women of the possibility of fetal pain at 20 weeks gestation. Additionally, Georgia requires abortion facilities to inform women orally prior to an abortion that fetal pain information is available on a state-sponsored website.
Insofar as the existence of pain in the preborn infant at or before 20 weeks is firmly established in the congressional findings of S. 160, and reflects a reasonable reliance by Congress on current medical science, protecting infants in the womb from intense pain felt during an abortion is an appropriate and constitutional state interest in restricting abortion beyond this time frame. Gonzales, 550 U.S. at 163 ("The Court has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty.").
March 28, 2019 March 28, 2019 Tom Shakely Community
'Bearing Witness'
I spent last night at the Catholic Information Center for "Bearing Witness: Nurturing a Culture of Life through Love and Encounter," which featured Catherine Hadro and Mary and Bobby Schindler:
Join Catherine Hadro, host of EWTN Pro-Life Weekly, and Mary Schindler, co-founder of the Terri Schiavo Life & Hope Network, for an evening of prayer, remembrance, and hope.
Catherine Hadro and Mary Schindler will sit down for an intimate conversation on the topic of nurturing a Culture of Life through love and encounter. Mary Schindler will share positive and life-affirming stories from the fight for the life of her daughter, Terri Schiavo, a prominent victim of the culture of death. Catherine Hadro will speak on her experience as host of EWTN Pro-Life Weekly, sharing some of the most touching personal stories she's experienced after hosting 100+ episodes of Pro-Life Weekly, and closing with reasons for hope amidst a culture indifferent to the intrinsic dignity of human life.
Bobby Schindler, President of Terri Schiavo Life & Hope Network and brother of Terri Schiavo, will also be in attendance. All attendees will receive a complimentary copy of the book, "A Life That Matters: The Legacy of Terri Schiavo, A Lesson For Us All."
The Terri Schiavo Life & Hope Network co-hosted "Responsibility to Care: What Euthanasia Victims Can Teach Us" at the Catholic Information Center last year, and last night's "Bearing Witness" conversation followed in that tradition of life-affirming conversations.
March 3, 2019 March 3, 2019 Tom Shakely Culture
Inspiration from Morehouse College
Eric Stirgus writes:
Morehouse College visiting professor Nathan Alexander said he was just trying to help when he not only allowed a student to bring his infant daughter to his class on Friday, but volunteered to hold the child as he taught.
Pictures of the unconventional situation have garnered such attention on social media, with many hailing Alexander's efforts to assist the student, Wayne Hayer, when he couldn't find childcare.
"I'm not an exception," Alexander said in a telephone interview Saturday afternoon with The Atlanta Journal-Constitution. "We have teachers who (assist students in similar ways) every day."
Alexander said he initially discussed the idea of the student bringing the child to class a few weeks ago when Hayer said he couldn't stay for office hours because he needed to pick her up.
To the professor's surprise, Hayer took Alexander up on his offer. Hayer arrived to Alexander's algebra class with the baby girl dressed in a pink outfit. The professor said he was "gleeful."
Alexander, though, noticed Hayer was distracted watching the child during the beginning of the 50-minute class and offered to hold her.
"Hey, I'll take her so you can take some good notes," Alexander recalled saying.
Alexander said he rocked the child with his left hand and lectured with his right hand. The child, the professor said, was quiet through the class and fell asleep near the end of his lecture. …
Alexander, who joined the Morehouse faculty in 2017, said this was not his first experience allowing a student to bring a child to class. He recalled a student once brought a child Alexander believes was 8 or 9 to his class.
Alexander said such allowances, to him, are part of the mission of colleges such as Morehouse, the nation's lone college for African-American men — men finding ways to help other men. The Atlanta college's most famous graduate is the Rev. Dr. Martin Luther King Jr.
When I've written about the need for a broader, authentic spectrum of choice, this is the sort of thing I have in mind beyond law and policy reforms. We should be able to respond in better ways to the natural needs of mothers and fathers than to promote extreme choices like abortion or expensive childcare, both of which are sometimes impossible or anathema to many people—and both of which, by the way, are economic in nature.
We want more Americans to feel more able to thrive in the world, with children regardless of particular circumstance. Professor Alexander provides a good model for what sort of response contributes to a more humane culture. It's the little things that make the big differences.
February 14, 2019 Tom Shakely Life
Pro-choice Americans oppose late-term abortion
Tyler O'Neil writes on our recent Americans United for Life/YouGov poll that indicates that majorities of pro-choice Americans oppose late-term abortion:
The vast majority of Americans who consider themselves pro-choice oppose the kind of radical abortion provisions proposed by Democrats in New York and Virginia, according to a new Americans United for Life (AUL)/YouGov poll released Tuesday.
A full 68 percent of pro-choice Americans oppose abortion the day before a child would be born, the poll found. Sixty-six percent of pro-choice Americans oppose abortion in the third trimester and another 77 percent of them oppose removing medical care for a viable child outside the womb. A majority of Americans (53 percent) identify as "pro-choice," while a large minority (47 percent) identify as pro-life.
Americans as a whole proved even less likely to support the killing of a baby in these circumstances. Eighty percent oppose abortion the day before birth, 79 percent oppose abortion in the third trimester, and 82 percent oppose removing medical care for a viable child after birth.
"This survey vividly reveals both the American people's common-sense appreciation for the sanctity of life and the widespread horror, even among self-identified pro-choice Americans, of new laws like New York's that effectively allow abortion up until the moment of delivery," Catherine Glenn Foster, president and CEO of AUL, said in a statement on the findings. …
Last month, Gov. Cuomo (D-N.Y.) signed the Reproductive Health Act (S.B. 240) on the 46th anniversary of Roe v. Wade (1973). The law allows abortion throughout pregnancy — even up to the baby's due date — in the name of protecting a woman's health. It also repeals protections for babies who survive abortion and removes New York's protections for wanted babies killed if a pregnant mother is physically abused. …
Few Americans realize, however, that the current legal system is indeed this radical. Under Roe v. Wade and later Supreme Court precedent, if a doctor considers killing an unborn baby vital to save the life or health of a woman, an abortion can be performed up until the moment of birth. The Court's precedent has an extremely vague definition for "health," enabling a wide loophole for late-term abortion.
"Few Americans realize that when Roe v. Wade enshrined abortion into American law, it did so with practically no limits," Tom Shakely, chief engagement officer at AUL, told PJ Media. "Abortion is often justified based on the alleged basis of maternal health, but for most of America's post-Roe history, there has been no consistent definition for what constitutes a legitimate health reason."
"In practice, the sort of permissive abortion law that New York has adopted simply enshrines a peculiar public right to private forms of violence upon the most vulnerable members of the human family," Shakely declared.
According to a Knights of Columbus poll released last month, a whopping 65 percent of Americans support changes to the law that would involve repealing Roe v. Wade.
We commissioned this poll precisely to discover where Americans stand on some of these fundamental life issues. What we've found is that late-term abortion is a nonpartisan issue: large majorities of Americans on both sides of the traditional pro-choice/pro-life spectrum reject late term abortion, not to mention the sort of acts that Gov. Andrew Cuomo has legalized in New York or that Gov. Ralph Northam would legalize in Virginia.
February 8, 2019 February 10, 2019 Tom Shakely Causes
Human nonpersons and human rights
Bobby Schindler writes on the consequences of the logic of thinking of human life and human persons as severable:
Wesley J. Smith, author and bioethicist, wrote nearly two decades ago, "Practitioners of bioethics say who should live, and who should die." Smith cautioned of an alarming and insidious trend within the modern bioethics' movement known as "personhood theory." He described how some bioethicists were asserting that what matters "morally" is not that one is "human," but that one has a legal status as a "person."
What makes someone a legal person with human rights worth respecting? One must possess, those bioethicists argued, mental competencies, such as "self-awareness" or having the ability to "engage in rational behavior."
Consequently, those who did not fit this criterion would fall into the category of being defined as a human "non-person." These "non-persons" would include embryos, the unborn child, infants (up to the first few years of life), those with Alzheimer's disease, cognitively disabled individuals, and individuals with significant developmental disabilities. Indeed, if one fit the definition of being a human "non-person," a philosophical determination, then bioethicists would accordingly be able to shape the social, cultural, judicial, and medical criteria for any one person enjoying basic human rights—including the right to life itself.
Peter Singer is perhaps the most infamous of this bioethical cohort. In 1998, Singer was appointed to Princeton University's Professorship of Bioethics and has since served as a prominent advocate for personhood theory. His advocacy of the notion of human "non-persons" has been attractive to many and he enjoys a sort of celebrity status among bioethicists and ethicists generally.Today, personhood theory is part of ethics taught in countless colleges, and it's having a significant impact on those most vulnerable to its dehumanizing logic.
It was not long ago, for instance, that to intentionally starve and dehydrate someone to death for any reason would have been thought of as barbaric and inhumane. Yet, Terri Schiavo, my sister, became just one of the more prominent of the countless victims of Peter Singer's logic. Terri lived with a brain injury and was cognitively disabled, but her husband and, ultimately, judicial decision makers came to accept that her life lacked sufficient value to continue feeding her. Take note of this 2005 exchange between Smith and Professor Bill Allen, bioethicist at the University of Florida, debating Terri's life:
Wesley Smith: "Bill, do you think Terri is a person?"
Bill Allen: "No, I do not. I think having awareness is an essential criterion for personhood."
Fast forward to 2014: An article by The College Fix's Mairead McArdle exposed "anecdotal evidence" that more college students support post-birth abortion, suggesting that children up to 5-years-old could be put to death because they are not sufficiently "self-aware" and thus they do not constitute "persons."
In 2018, a video surfaced of a University of Tennessee Knoxville student who rationalized support for infanticide of two-year-olds based on the fact that the child is not sufficiently "sentient." The student offered that "without communication, we have no way of knowing if you are sentient or not. It's no different than this tree. It's alive, but is it sentient? I don't know. I cannot communicate with it."
Can we really accept that we are, at any time, simply one accident away from being deemed by an overzealous bioethicist a "human nonperson" who unwillingly forfeits basic human rights?
'Tales as wondrous as Homer's'
As a follow-on from the Life Magazine cover I shared recently, here's Joe Sobran:
Tone is the immediate expression of values, and the tone characteristic of abortion advocates is that of the sneer. And for a natural reason: their position is reductionist, value-denying. It intentionally minimizes the worth of the incipient human life; and let us bear in mind that for a long while it minimized the facts themselves. It is a prejudice, in the fundamental sense that it springs from the will in advance of any knowledge; it is not a conclusion from the available evidence, nor a perplexity caused by inordinate communion with complexities …
A very different tone was sounded by Newsweek in its January 11, 1982 cover story "How Life Begins." Written by Sharon Begley, it began:
"If newborns could remember and speak, they would emerge from the womb carrying tales as wondrous as Homer's. They would describe the fury of conception and the sinuous choreography of nerve cells, billions of them dancing pas de deux to make connections that infuse mere matter with consciousness. They would recount how the amorphous glob of an arm bud grows into the fine structure of fingers agile enough to play a polonaise. They would tell of cells swarming out of the nascent spinal cord to colonize far reaches of the embryo, helping to form face, head and glands. The explosion of such complexity and order — a heart that beats, legs that run and a brain powerful enough to contemplate its own origins –seems like a miracle. It is as if a single dab of white paint turned into the multicolored splendor of the Sistine ceiling."
Miss Begley went on to speak of the abortion question as "scientifically unanswerable," and yet she implicitly answered it herself, in her accents of stunned wonder. The very facts of fetal development, far from inducing value-free detachment, inspired her to remarkable eloquence.
Her whole article, though merely descriptive, was suffused with the reverence of a mind free of self-interest and absorbed by the unfolding reality before it. Reading it one felt that rare and sublime sensation of beholding, of sharing the intellect's love of its object. "The five-week embryo, only one-third of an inch long, is a marvel of miniaturization: limb buds are sending out shoots whose dimples mark the nascent hands and feet, and the hindbrain has grown stalked eye cups."
Stalked eye cups! This is not a "pretty" description, but an enthralled one, and it takes a certain nerve to insist, in the face of such data, that description has no bearing on prescription, or that the thing described is no more than a "blob of protoplasm."
And we allow such things to be killed. They are destined to be men and women; they are what we once were. Is not our indifference to them, our official denial of our kinship with them, a judgment on ourselves?
As if to balance the undeniable import of Miss Begley's article with a kind of moral disclaimer, Newsweek supplemented it with a shorter piece titled "But Is It a Person?"
"It is unquestionably alive," wrote Jerry Adler, "a unique entity . . ." But, he continued, "The question is one for philosophers, not scientists; . . . the problem is not determining when 'actual human life' begins, but when the value of that life begins to outweigh other considerations, such as the health, or even the happiness, of the mother. And on that question, science is silent."
From the heights to the depths. This was pretty near absurdity. Science, in the sense of physical analysis, is silent on every moral question, for the simple reason that science is not ethics.
We've got to recapture the capacity to conceive of the youngest members of the human family in the true and epic terms that Sharon Begley did in her Newsweek piece; in the sense of human beings emerging into the world, who though lacking autonomy and self sufficiency and independence for years upon years nonetheless have already are adventurers with "tales as wondrous as Homer's." Thinking in this way might help get the rest of us out of ourselves, and help get us thinking about more than our own ego and our own concerns and instead be content simply to be in the presence of the extraordinariness of others in the sense that C.S. Lewis invites us to think of others:
"There are no ordinary people. You have never talked to a mere mortal. Nations, cultures, arts, civilizations – these are mortal, and their life is to ours as the life of a gnat. But it is immortals whom we joke with, work with, marry, snub and exploit – immortal horrors or everlasting splendors. This does not mean that we are to be perpetually solemn. We must play. But our merriment must be of that kind (and it is, in fact, the merriest kind) which exists between people who have, from the outset, taken each other seriously – no flippancy, no superiority, no presumption."
February 3, 2019 February 3, 2019 Tom Shakely Culture
Cuomo, and using both carrot and stick
Ross Douthat on Gov. Andrew Cuomo's recent legalization of abortion up to birth and the problem Cardinal Tim Dolan faces in New York:
In the case of Dolan, Cuomo's right to be blasé. New York State still has millions of baptized Catholics, but the faithful are divided and adrift and accustomed to tuning out messages from their bishops that don't fit their partisan preconceptions. (This goes for messages that criticize Donald Trump as well.) Dolan has tried to answer secularization with gregarious good cheer, but a bingo-hall winsomeness would be no match for cold indifference even without the church's scandals.
And yet it remains the case that deep inside the ransacked, decaying basilica that is American Catholicism, you can find the only vision that might transform the abortion debate, so that we don't end up with a permanent red-blue divide, in which the Supreme Court allows conservative states to pass restrictions but liberal states are radicalized toward eugenics and infanticide. …
That vision … would put the goal of outlawing abortion at the center of a web of pro-family policies — adoption support, child allowances, wage subsidies for breadwinners. The goal would be to make the end of abortion seem less utopian by making the burdens of motherhood less daunting, and to link the pro-life cause to a larger revolt against sterility.
… the Catholic Church should act as though this vision, their vision, is more than a wouldn't-it-be-nice synthesis in bureaucratic documents, a generic humanitarianism that informs the smorgasbord of charitable programs mentioned in annual appeals.
Suppose that tomorrow Cardinal Dolan made two conjoined announcements. First, that Andrew Cuomo is excommunicated. Second, that a specific collection would henceforth be taken up at every Catholic Mass, every day, all year, to fund an annual family allowance administered by the Sisters of Life, available to any parent in the state who asked the church for help bearing and raising their child.
I have no idea how much money this would raise, no confidence in how effective it would be. But the church needs leaders who act as though they have confidence, not only in the church's teachings, but in its capacity to vindicate those teachings on its own, rather than through supplication to indifferent or hostile politicians.
Confidence alone cannot arrest decline.
We need in America first to create and to see what a spectrum of life-affirming choice looks like in practice in our public life, and Gov. Andrew Cuomo has handed Cardinal Dolan a golden opportunity to witness to both Christ and the public good, if he's bold enough to do it.
February 1, 2019 April 15, 2019 Tom Shakely Causes
What Life Magazine knew
Last year I wrote about Newsweek's 1975 cover on "Abortion and the Law," featuring a sixteen week old child on its cover. I asked rhetorically, "Do we know less in 2018 than what Newsweek knew in 1975?" What the Newsweek cover underscores is that we have known since before Roe v. Wade that what develops in the womb is a human being; a member of the human family.
At the March for Life a few weeks ago, I saw a woman who had the Life magazine cover below blown up onto a placard. Life ran this cover story featuring a human child at 18 weeks a full decade prior to that Newsweek cover. Life showed America the human child in the womb in vivid detail some eight years prior to seven men on the U.S. Supreme Court handing down Roe and what became in practice an unlimited right to end developing human life:
In Roe, those seven Supreme Court justices describe the Texas law they're striking:
Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins.
"We need not resolve the difficult question of when life begins."
It's as true today as it was when Life ran this cover story in April 1965 that what confronts us are not medical or scientific questions but are, rather, political, cultural, and social questions about whether we're willing to support mothers facing unexpected pregnancies with life-affirming choices, and whether we are interested in protecting human life at every age and in every circumstance. If America can look at a member of the human family, as we did collectively with Life's April 1965 cover, and later conclude Yes, abortion is an acceptable social policy and at the same time pretend that the "question of when life begins" is simply too difficult to resolve while simultaneously making it moot by introducing abortion, then we can dehumanize in a literal sense any other human individual or community—aged, disabled, psychologically unwell, whatever.
It is the corrosive and dehumanizing logic at the heart of Roe that lets someone like Gov. Andrew Cuomo celebrate the just-legalized violent ending of human life up to the very moment of birth in New York, or Virginia Delegate Kathy Tran to call for abortion even as a woman is in labor.
This is not close to the only issue that Americans should engage with, but it is absolutely a moral and political issue that requires having the courage to choose a side and state forthrightly and explicitly what you endorse.
January 31, 2019 February 1, 2019 Tom Shakely Causes
Born-Alive Abortion Survivors Protection Act
Christine Rousselle reports on Sen. Ben Sasse's Born-Alive Abortion Survivors Protection Act, his response to Gov. Andrew Cuomo's legalization of abortion in New York up to birth and Virginia Gov. Ralph Northam's proposed bill which would have allowed abortion throughout pregnancy, including for women actively in labor:
U.S. Senator Ben Sasse (R-NE) has announced that he will introduce the Born-Alive Abortion Survivors Protection Act to the Senate on Monday, and is calling for a voice vote to pass the measure.
Sasse announced on Thursday that he is beginning the Rule 14 process, which would bring the bill directly to the Senate floor and bypass the normal committee consideration of a piece of legislation. He said that he hopes his bill will be passed by a unanimous voice vote.
"On Monday evening, I'm going to be asking unanimous consent–for senators to come to the floor," he said. "I'm going to ask all 100 senators to come to the floor and be against infanticide. This shouldn't be complicated."
Sasse started his floor speech by referencing the "morally repugnant" comments made on Wednesday by Virginia Gov. Ralph Northam (D). In a discussion on a WTOP radio show, Northam addressed questions regarding a bill that would have allowed abortion throughout an entire pregnancy in the state, even when a woman had already gone into labor.
"The infant would be delivered. The infant would be kept comfortable. The infant would be resuscitated if that's what the mother and the family desired. And then a discussion would ensue between the physicians and the mother," he said.
The proposed bill was tabled later that day, amid an outpouring of criticism over the remarks by Northam and comments by the bill's sponsor, Del. Kathy Tran (D-Fairfax). …
The Born-Alive Abortion Survivors Act would penalize doctors and medical professionals who do not provide medical care to infants who survive abortions. The bill is co-sponsored by more than three dozen Republican senators.
The House version of the bill was introduced by Rep. Marsha Blackburn (R-TN), and has 131 co-sponsors, including one Democrat, Rep. Dan Lipinski (D-IL).
Although Sasse emphasized that a voice vote should not be complicated, there is a significant chance the bill will run into opposition. When the House of Representatives voted on their version of the bill in January 2018, all but five Democrats voted against it.
Cases where infants have survived late-term abortions are rare, but do occur. Pro-life activist Gianna Jessen was born in an abortion clinic following a failed saline abortion attempt when her mother was 30 weeks pregnant.
In 2013, Philadelphia abortion doctor Kermit Gosnell was convicted of three counts of first-degree murder for killing babies who had survived abortion attempts at his clinic, as well as one count of involuntary manslaughter in the death of a patient who died of an overdose in 2009. He is now serving several life sentences.
Ben Sasse was right earlier this week in saying, "I don't care what party you're from—if you can't say that it's wrong to leave babies to die after birth, get the hell out of public office." And he's right today in saying that supporting the Born-Alive Abortion Survivors Protection Act shouldn't "take any political courage." But it will.
January 30, 2019 January 29, 2019 Tom Shakely Causes
Unsettled law
Clarke D. Forsythe writes on Roe v. Wade's 46th anniversary:
The U.S. Supreme Court's 1973 opinion in Roe v. Wade is as controversial today as when it was first decided. … It is unsettled today for numerous reasons, but three stand out: the extreme scope of the court's nationwide legalization of abortion; the inherent defects that the Supreme Court recklessly built into Roe; and the persistent pressure of the cause for life year after year, which has aggravated Roe's contradictions.
Roe's abrupt legalization of abortion throughout America ignited the campaign against it — but successfully overturning Roe will require understanding and emphasizing the defects of the decision. Many of these defects are hidden below the surface of the court's opinions in Roe and the important companion case, Doe v. Bolton, which was decided the same day. Neither Roe nor Doe had any trial or evidentiary record about abortion, its risks or its implications. Without such evidence, the justices floundered in their understanding of basic scientific and legal questions, and stumbled into a number of egregious mistakes:
1. The justices ignored our legal heritage of protecting the lives of developing human beings to the extent allowed by medical knowledge. …
2. The justices overlooked the growing science of fetology that was underway. Well-documented briefs were filed showing the growing medical data on fetal development. Dorothy Beasley, the attorney representing Georgia in Doe v. Bolton, told the justices in December 1971 that "the State has a greater obligation to protect that fetal life" than ever before. "There are more methods now that can be used to protect it," she added, "including blood transfusions and surgery while it's still in the womb."
Unfortunately, Justice Harry Blackmun's majority opinion in Roe casually dismissed the science and "the well-known facts of fetal development," and instead stated, "We need not resolve the difficult question of when life begins." …
3. Roe had no foundation in precedent, as numerous legal scholars have recognized. …
4. The justices relied on falsehoods about the relative safety of abortion. Anxious for anything that would support their decision, they cited unreliable data about abortion safety from Soviet Bloc countries dating back to the 1950s. Despite the lack of evidence, the justices adopted a mantra — that abortion was safer than childbirth — and that premise shaped major planks of Roe and Doe, including broad deference to abortion providers. …
5. The justices ignored a critical distinction about personhood: Whether or not he or she was recognized as a constitutional "person" and specifically protected against the states by the Fourteenth Amendment, the unborn child was recognized as a human being and increasingly protected against private action by property, tort and criminal law.
Through the briefs and oral arguments, the justices were informed about legal developments that protected the unborn child from conception. As one federal court wrote in 1946, "From the viewpoint of the civil law and the law of property, a child en ventre sa mere [in the mother's womb] is not only regarded as a human being but as such from the moment of conception — which it is in fact." …
6. The justices arbitrarily chose fetal viability as the measure of legal protection, despite the fact that viability was not historically the standard of fetal protection. Listen to the original oral arguments in Roe and Doeat www.oyez.org: The word "viability" was never mentioned once in four hours of argument. No party or organization urged the court to extend the abortion "right" to viability or beyond. …
7. The companion case of Doe v. Bolton, decided with Roe, radically expanded the "abortion right" throughout pregnancy. The court required the 50 states to allow abortion "where it is necessary, in appropriate medical judgment, for the preservation of the life or health of the mother." At the same time, it defined the "health" exception as "all factors — physical, emotional, psychological, familial, and the woman's age — relevant to the well-being of the patient." Thus, Roe and Doe set the United States apart as 1 of only 4 nations (of the nearly 200 across the globe) that allows abortion for any reason after fetal viability, and 1 of 7 nations that allows abortion for any reason after 20 weeks.
In the years since Roe v. Wade, obstetric ultrasound machines and other medical and technological developments have permanently changed public understanding about fetal development. Year after year, states have enacted more comprehensive legal protection of the unborn, from conception, in prenatal injury law, wrongful death law and fetal homicide law. …
Abortion is an elective procedure, and in the vast majority of cases it is chosen for socioeconomic reasons. It is not "health care." Unsafe, a 2016 report by Americans United for Life, documented that 227 abortion providers in 32 states were cited for more than 1,400 health and safety deficiencies between 2008 and 2016. …
In 1992, in Planned Parenthood v. Casey, a majority of the court abandoned the false historical rationale for abortion in Roe but replaced it with the claim that American women need abortion for equal opportunity in society ("reliance interests"). But that claim, too, was flimsy, and factual and legal changes are challenging the court's assumptions.
Now, for the first time in a quarter century, the court does not have a majority of justices who are invested in Roe as their legacy. Substantial momentum against this legacy has been built through the many efforts in the cause for life, including state legislation, public education and compassionate services to women and their children. As this momentum is reinforced by political victories and pro-life work, expectations are increasing that Roe's days are numbered.
Clarke Forsythe's "Abuse of Discretion: The Inside Story of Roe v. Wade" tells the full story of Roe and the seven men who imposed unlimited abortion in every state.
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