----- Original Message ----- 
From: "Gary Denton" <[EMAIL PROTECTED]>
To: "Killer Bs Discussion" <[email protected]>
Sent: Thursday, May 19, 2005 12:31 PM
Subject: Re: The American Political Landscape Today


On 5/19/05, JDG <[EMAIL PROTECTED]> wrote:
>
> At 09:41 AM 5/18/2005 -0500, Gary Denton wrote:
> >> Los Angeles Times Poll. Jan. 30-Feb. 2, 2003. N=1,385 adults
> nationwide.
> >> MoE � 3 (total sample).
> >>
> >> "Do you favor or oppose a law which would make it illegal to perform a
> >> specific abortion procedure conducted in the last six months of a
> woman's
> >> pregnancy known as a partial-birth abortion, except in cases necessary
> to
> >> save the life of the mother?"
>
> [snip]
>
> >According to legal analysis and the language in the bill itself it did
> >not ban late term abortion.
> >
> >It banned a particular procedure and then messed up the language on
> >that procedure so that it bans some abortions at 12 weeks. (Actually
> >what the GOP has been describing as partial birth-abortion which has a
> >feet first delivery isn't banned at all.)
>
> Not true. From the law "the term `partial-birth abortion' means an
> abortion in which the person performing the abortion.... deliberately and
> intentionally vaginally delivers a living fetus until, in the case of a
> head-first presentation, the entire fetal head is outside the body of the
> mother, or, in the case of breech presentation, any part of the fetal
> trunk
> past the navel is outside the body of the mother, for the purpose of
> performing an overt act that the person knows will kill the partially
> delivered living fetus;:


May I just point to "in the case of a head-first presentation" or do you to
read the about six hundred pages of the legal decisions on this case?

> >A majority 53% of Democrats would agree to a late-term abortion ban
> >with exceptions for the life of the mother. 65% of Republican agree to
> >this. Why wasn't this the bill?
>
> As you can see in the quoted portion above, the poll question referred to
> "specific abortion procedure conducted in the last six months of a
woman's
> pregnancy known as a partial-birth abortion".


And then it describes another procedure.

>The bill was ruled unconstitutional because it had no exceptions for
> >the well-being of the pregnant woman and in one of the trials in a
> >finding of fact a conservative pro-life judge ruled that GOP
> >leadership had to know that this was a procedure often used for the
> >medical health of the mother despite them presenting false evidence
> >this was not so.
>
> Often? I thought that it was 0.004%??? ;-)


Whenever that procedure is used. Is that often enough?

>JDG is arguing any woman dumb enough to have an unwanted pregnancy is
> >rich enough and smart enough to find a doctor who would say having a
> >child is bad for their health.
>
> Not true. Any abortionist could make the necessary mental health
> diagnosis, as Dan M. has noted.


>There has never been a test case to see if a "mental health diagnosis" is
>sufficient to weight the women's health over a viable life. I doubt that
>argument would fly and doubt that you would get doctors and a clinic
willing
>to risk prosecution. You and Dan seem to be picking extreme hypotheticals
to
>support your position.

It took me 1 minute to find

Doe v. Bolton, 410 U.S. 179 (1973) Companion case to Roe, striking down
parts of a "liberalized" statute from Georgia with health/rape/incest
exceptions. Holding, (7-2) per Blackmun, that a woman has a constitutional
right to abortion from six months to birth, if her doctor "in his best
clinical judgment," in light of the patient's age, "physical, emotional,
psychological [and] familial" circumstances, finds it "necessary for her
physical or mental health."


Dan M.


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