Third-Trimester Abortions

If a pro-choicer ever asks you to provide an example of an elective third-trimester abortion just remember the name Jose Higuera.

Jose Higuera was a Michigan abortionist who was charged with performing an illegal abortion at 28 weeks of gestation. He performed this abortion in 1994.

Higuera's crime, according to state prosecutor Mark Blumer, is that he did not have a clear medical or health reason to perform the late abortion.

"Had the mother's health been jeopardized by the pregnancy, there would not be a criminal prosecution. There's no doubt about that," Blumer said.

"What we've got is the classic gray area. A woman went in to the doctor's office and wanted an abortion for no good reason. And we have a doctor who was willing to give it. That's why this case is so different."

Higuera eventually avoided a trial by accepting a plea bargain where he would accept the charges of meddling the medical records (which forced him to give up his license even though he retired years earlier) as long as prosecutors didn't charge him with performing an illegal third-trimester abortion.

Higuera's avoidance of being charged also shows how abortionists really can't be punished for performing abortions in the third trimester. Doe v. Bolton's all-encompassing definition of "health" prevents prosecutors from prosecuting abortionists who perform third-trimester abortions.