Today’s Supreme Court decision constitutes an absolutely unprecedented intrusion into the practice of medicine and into the relationship between a woman and her doctor. Every physician in America should be outraged. And to not provide an exception in the law for the health of the mother shows complete and utter disregard for women.
One shining star in this dark sky is Ruth Bader-Binsberg, who was so outraged that she chose to read her dissenting opinion, apparently something rarely done. Here’s just a little of what she said:
In sum, the notion that the Partial-Birth Abortion Ban Act furthers any legitimate governmental interest is, quite simply, irrational. The Court’s defense of the statute provides no saving explanation. In candor, the Act, and the Court’s defense of it, cannot be understood as anything other than an effort to chip away at a right declared again and again by this Court—and with increasing comprehension of its centrality to women’s lives.
I encourage you to read Bader-Ginsberg’s opinion in its entirety. It is brillliant, beautifully written, and utterly dismantles the majority opinion. She shows without a doubt that those in the majority chose to completely ignore not only the legal precedent but every bit of legitimate medical evidence presented to them.
You may argue all you want as to whether or not you personally believe in abortion, but at this point in time, abortion is legal. The courts have no right to decide what technique a physician uses to perform that legal act. That decision is made by the physician and the woman, with her health and best interests in mind.
It is time that the Supreme Court take down the statue of Justice that stands at their doorstep. Let’s stop pretending that justice is what this court hands out. For justice is a woman. And this Supreme Court has no right to display her as their icon.
I think this passage she wrote speaks the most:
Instead, the Court deprives women of the right to make an autonomous choice, even at the expense of their safety.
Between the sensless tragedy and VTU and this, I’m having uncomprehendable kinda week.
The news chills me to the bone. What are those men thinking?
Thank you for this.
I was in college when Roe v Wade was passed. I remember well what it was like – both the fear by some before and the relief that we (women) could finally have a say over our lives after.
That these men can so ‘righteously’ slowly chip away at something that shouldn’t even be a legal issue (medical, yes; legal,no) scares the hell out of me.
Reminds me of all the scary books I’ve read ‘The Handmaid’s Tale’, ‘1984’, …
As has been said so many times: If men bore children it would never have been an issue.
Get over yourselves. No physician’s choices as to technique are unfettered or unreviewable by law or social norms. Nor should they. We do not allow physicians to use transplanted organs that are bought; we do not allow doctors to remove life support from individuals likely to recover, etc. All of these are examples of law/morality controlling physician’s discretion.
The Court has now ruled that physicians cannot perform a certain type of procedure because it offends our morality. You feel differently. Fine. Take your arguments to the legislature–but stop mouthing off about rights and your own glorious moral authority as a physician.
Chilling. It’s outrageous to have a bunch of old men who are not even doctors to decide issues of women health. It is even more outrageous to have a bunch of lawers decide on whether or not there is a medical need for a procedure. Silly me, I thought that one needed a license to practice medicine, when in fact one needed to either have a license or be a member of congress or a supreme court justice.
So what happens now? Do doctors stop performing this procedure? Is it going to be something done quitely and illegally? Can there be other challenges? I didn’t grow up in the US, so I am a bit unfamiliar with these matters.
I am just completely baffled by this ruling.
What point does it make? Who does it mollify?
A termination has still taken place. What (or who) is served by this?
Poop on anonymous above. If he/she wants to call it morality, then I say let me choose. He/She can choose not to. For me, it’s all about choice and keeping stodgy old men out of my medical decisions.
There is so much misunderstanding about this procedure. I live in Phila, where unlike NY, the leading papers choose to use the phrase “partial birth” in the headlines! I hope this blog will someday soon feature an entry about what the anti’s may in fact be referring to–D&X–and the sad circumstances under which it is performed, and how rarely.
No physician’s choices as to technique are unfettered or unreviewable by law or social norms.
Clinical standards are determined by law or social norms? Are you kidding us with this nonsense?
We do not allow physicians to use transplanted organs that are bought… and The Court has now ruled that physicians cannot perform a certain type of procedure because it offends our morality.
You need to familiarize yourself with the facts, so that you may use relevant examples.
The Court has ruled that dismemberment is the standard of care, and that physicians cannot perform intact removals, because they find fetal skull reduction to be Teh Icky. Except, in real life:
The fetal skull is the largest part of the normally developed fetus and is typically too large to pass through the cervix during a D&E. As a result, whether the fetus is dismembered or removed intact, the physician must reduce the size of the skull to complete the delivery.
Moving on:
You feel differently.
This is not about TBTAM’s feelings. It’s about politicians and lawyers dictating what technique a physician uses to perform [a] legal act.
…but stop mouthing off about rights and your own glorious moral authority as a physician.
First, you need to work on your reading comprehension. Second, who died and left you in charge of telling TBTAM what to do?
TBTAM-
I think this guy read your post.
Partial birth abortion appears to be a barbaric “medical” procedure.
Something that Nazi doctors would have perfected.
I’m amazed that some people appear to believe it to be legitimate.