by Dominick Pugliese | One type of abortion banned, Democrats blow situation drastically out of proportion.
On April 18, 2007, the Supreme Court, in a split ruling, decided to uphold the Partial-Birth Abortion Act of 2003. Much controversy surrounds this ruling because many feel that the act violates a woman’s right to an abortion. Although the Supreme Court’s decision affects only a single method of abortion and not abortion rights themselves, all of the major Democratic presidential candidates immediately pegged the ruling a travesty. Senators Clinton, Edwards, and Obama have all used the court’s ruling as an opportunity to champion liberal causes for the 2008 election. The statements made by the candidates regarding the act foster fear and promote misconceptions.
Since the upholding of this abortion restriction is the first of its kind to have been passed down since Roe v. Wade, Democratic presidential candidates have already begun to try to scare the American people into voting Democrat in 2008. In his reaction to the ruling, Obama stated that “this ruling will embolden state legislatures to enact further measure to restrict a woman’s right to choose, the conservative Supreme Court justices will look for other opportunities to erode Roe v. Wade.” Such an accusation is meant solely to frighten the average voter, especially because the Supreme Court made a point of specifying exactly which procedures would be banned. Moreover, the idea that this ban restricts a woman’s right to choose does not hold up. The Partial-Birth Abortion Ban Act is meant to eliminate a barbaric method of abortion, not the choice for an abortion. One such method includes partially birthing the baby and then using forceps to make a hole in the back of the head, from which the brain may be removed, thus murdering the baby. And so, through the Partial-Birth Abortion Ban Act the Supreme Court tries to ensure that no fetus will be killed by this horrific procedure unless absolutely necessary.
Another idea that has been used to frighten voters is the misconception that the Partial-Birth Abortion Ban Act does not take into account situations in which the mother’s life is in danger. While the Act does not explicitly state that a partial-birth abortion may be carried out to save the life of the mother, is does take such situations into account. Section 1531 of the Partial-Birth Abortion Ban Act states the punishments that a physician would face for performing a partial-birth abortion. However, this section also states that these punishments “do not apply to a partial-birth abortion that is necessary to save the life of a mother, whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself.” Although such a clause does not make a partial-birth abortion legal at any point, it does allow physicians in dire situations to act without worry of jail time.
Using fear and this misconception to their advantage, the Democratic candidates have immediately begun to belittle the Bush administration and conservatism in preparation for the 2008 election. Since President Bush was re-elected, influential Democrats have actively sought any opportunity to damage the reputation of the then Republican dominated Congress. As seen in the results of the 2006 elections, their efforts paid off, and now they continue to use the same tactics. Because Chief Justice John Roberts and Associate Justice Samuel Alito were recently appointed by Bush and were deciding factors in the decision to uphold the ban, Senator Clinton took the opportunity to bolster her own stance by speaking out against the ban. In her statement following the Supreme Court partial-birth abortion ruling, Clinton attacked the decision, as well as Roberts and Alito. She stated that the ruling is the kind of “erosion of our constitutional rights that [she] warned against when [she] opposed the nominations of Chief Justice Roberts and Justice Alito.” Statements such as this are only the first of many that are sure to come as the 2008 election draws nearer.
The decision to uphold the ban on partial-birth abortion should not impinge upon women’s right to other, less brutal forms of abortion. As seen in the controversy over women’s health in the partial-birth abortion ban, there is much concern about the need for women to be able to have an abortion. The many personal factors that influence a woman’s decision to abort a child make it very difficult for a governing body to decide whether an abortion is appropriate. And so, because abortion is such a personal matter, the opportunity for another method of abortion should remain available.
Mr. Pugliese is a freshman who has not yet declared a major.
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