Monday, January 24, 2005

Blogging on Roe v. Wade's and Doe v. Bolton's Anniversary

Numerous bloggers have commented and generously linked to other blogs regarding the 32nd anniversary of Roe v. Wade including Michelle Malkin, Captain Ed, La Shawn Barber, Prolife Blogs and Blogicus.

We should also remember that the Supreme Court decided Doe v. Bolton on the same day 32 years ago. In this decision, the Supreme Court defined health (scroll down on the link to the number 55 on the left) by saying:

"We agree with the District Court, 319 F.Supp., at 1058, that 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. This allows the attending physician the room he needs to make his best medical judgment. And it is room that operates for the benefit, not the disadvantage, of the pregnant woman."

You can't know the real meaning and consequences of the Roe v. Wade ruling without understanding how the Supreme Court defined "health" in Doe. When pro-choice advocate use the word "health" they don't mean ectopic pregnancy or uterine cancer. They mean any abortion. The above definition is so broad that "health" could be used for every abortion.

Roe states,

"a) 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. Pp. 163, 164.

(b) 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. Pp. 163, 164.

(c) 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. Pp. 163-164; 164-165."



As long as a woman can find an abortionist willing to perform an abortion she can have an abortion through all nine months of pregnancy. She doesn't need to have what most of us would consider a health problem. She could decide she's too young or too old. She could decide she doesn't have the familial resources to care for a child.

My guess is the large majority of our country has no clue about Doe v. Bolton and how that ruling effects Roe v. Wade and abortion especially when we have the AP using completely inaccurate polling questions.

People need to know Doe in order to truly understand the horror of Roe.

UPDATE
An old piece by Tim Graham has more on the trimester baloney.

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