Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-19 Thread JDG
At 10:11 AM 5/18/2005 -0500, Gary Denton wrote:
However, I could find similar copies of the bill. This exception
suffers from several flaws. It is limited to situations where the
woman's life is endangered by a physical disorder, illness or
injury. This language excludes some life-threatening situations by
enumerating others.

Which such life-threatening situations are not covered by physical
disorder, illness or injury?

 But, why do you not want to get involved in protecting the inalienable
 rights of children from violations by their parents?

Because this is a matter between a woman and her doctor?  

Aren't you forgetting someone?Let's rephrase your question for another
era in American history: Why do you want to get the government involved in
a person's disposition of his own private property? Slavery, after
all, was explicitly protected by the Constitution (unlike abortion), and we
had Supreme Court rulings affirming that slaves were property.So, why
would you want to get the government involved in a person's disposition of
his own property?

If you are willing to believe that a slave is property, that logic makes
perfect sense.Just as if you are willing to believe to children are
property until they exit the bodies of their mothers, and therfore can be
disposed of by the mother as she sees fit, then your logic probably makes
sense to you.

The Catholic Church has it that every sperm is sacred.  

This is a false statement.   I am quite familiar with Catholic teaching,
and I do not believe that you can find a single Church document supporting
that position.   Indeed, the above statement is borderline offensive, as
sacred is a very important concept in our religion.

JDG
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-19 Thread Nick Arnett
On Thu, 19 May 2005 07:42:54 -0400, JDG wrote

 The Catholic Church has it that every sperm is sacred.
 
 This is a false statement.   I am quite familiar with Catholic 
 teaching, and I do not believe that you can find a single Church 
 document supporting that position.   Indeed, the above statement is 
 borderline offensive, as sacred is a very important concept in our 
 religion.

I believe you will find it in the canon of Monty Python.

Can't believe nobody pointed that out yet.  I didn't say so the first time 
because I figured 15 other people would.

Nick
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-19 Thread Dan Minette

- Original Message - 
From: Gary Denton [EMAIL PROTECTED]
To: Killer Bs Discussion brin-l@mccmedia.com
Sent: Thursday, May 19, 2005 12:58 PM
Subject: Re: Abortion and the Democratic Party Re: The
AmericanPoliticalLandscape Today


On 5/19/05, JDG [EMAIL PROTECTED] wrote:

 At 10:30 AM 5/18/2005 -0500, Gary Denton wrote:
 
 I think that is a misreading of Roe v. Wade. Based on evidence
 available at the time the Supreme Court ruled for no state involvement
 in the first trimester, state regulation in the second, and only to
 save the life of the mother in the third. You can argue about where
 the lines are drawn but one side in the debate doesn't want any lines.

 and also wrote:
 and
 I disagree here. I think that would be illegal under Roe v. Wade which
 is more sophisticated than you think.


 You are again playing fast and loose with the facts by only referring to
 Roe vs. Wade, and neglecting Doe vs. Bolton, Casey vs. PP of PA, and
 Stenberg vs. Carhart.


I briefly referred to Casey.

The pro-choice side, I have amply demonstrated, doesn't want any lines
 drawn - as we still have not had anyone able to take my challenge of
 identifying a *single* restriction on abortion supported by that side.

 Am I defining abortion as murder? Killing viable infants unless a
 finding has been made that the women's life is endangered is murder,
 it is not abortion.

 You said, life and not health. So, you agree that Stenberg vs. Carhart
 legalized murder in the United States?


This hasn't come up before and I am not yet sufficiently versed in it to
decide.


You are wrong and this is another false argument. The decision could
 not be made on the mental health of the mother but actual endangerment
 of the mother. It would also have to be an affirmative decision that
 the baby is endangering her life and it has come down to one or
 another.

 Not true. Stenberg vs. Carhart requires an exception for *health*, not
 *life*, including mental health.


Again I would have to see if this true. I have learned not to go by just
your interpretation.

With all due respect Gary, did you look?

Another quote from the case law:

Thornburg v. American College of Obstetricians and Gynecologists, 476 U.S.
747 (1986) (5-4) per Blackmun. The last case where a majority of the Court
would adhere completely to Roe.  C.J. Burger, White, Rehnquist and O'Connor
dissenting.  The Court struck down provisions of a Pennsylvania state law
requiring (1) that a woman receive information on abortion alternatives and
human development in utero; (2) that a woman receive information about the
possible health dangers of abortion; (3) the keeping detailed statistical
records of abortions; (4) that post-viability abortions be performed in
such a way as to allow a child to survive the procedure, unless  this would
significantly increase risk to the woman; (5) that a second physician be
present at post-viability abortions to care for a child who survives the
procedure.  The Court held that these provisions (1) invaded the privacy of
the woman and her doctor; (2) were calculated by the Pennsylvania
legislature to intimidate women and try to dissuade them from having
abortions; (3) impermissibly put the lives of viable fetuses over the
health concerns of women.

Both came from:

http://members.aol.com/abtrbng/conlaw.htm

Dan M.




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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-19 Thread Gary Denton
On 5/19/05, Dan Minette [EMAIL PROTECTED] wrote:
 
 
 - Original Message -
 From: Gary Denton [EMAIL PROTECTED]
 Another quote from the case law:
 
 Thornburg v. American College of Obstetricians and Gynecologists, 476 U.S.
 747 (1986) (5-4) per Blackmun. The last case where a majority of the Court
 would adhere completely to Roe. C.J. Burger, White, Rehnquist and O'Connor
 dissenting. The Court struck down provisions of a Pennsylvania state law
 requiring (1) that a woman receive information on abortion alternatives 
 and
 human development in utero; (2) that a woman receive information about the
 possible health dangers of abortion; (3) the keeping detailed statistical
 records of abortions; (4) that post-viability abortions be performed in
 such a way as to allow a child to survive the procedure, unless this would
 significantly increase risk to the woman; (5) that a second physician be
 present at post-viability abortions to care for a child who survives the
 procedure. The Court held that these provisions (1) invaded the privacy of
 the woman and her doctor; (2) were calculated by the Pennsylvania
 legislature to intimidate women and try to dissuade them from having
 abortions; (3) impermissibly put the lives of viable fetuses over the
 health concerns of women.
 
 Both came from:
 
 http://members.aol.com/abtrbng/conlaw.htm


The next line reads Blackmun's opinion is peculiarly acrimonious, as he 
sees in these statutes a conscious refusal of the Pennsylvania Legislature 
to heed the constitutional mandate of *Roe.*

This appears to be striking back at critics for not reading Roe and it 
invalidated most of the law including some things a calmer court ruled 
acceptable.

See Casey.

I like that site which also shows the arguments against the partial-birth 
abortion ban.

*Just what the Partial-birth abortion laws actually ban is a matter of 
legal controversy. If, as opponents claim, they ban the common DE procedure 
(a technique in which the physician dismembers the fetus in the uterine 
cavity using sharp instruments such as forceps, and suction and then removes 
the fetal parts by pulling them out piece by piece through the cervical 
os.) or other, even more common, procedures, it would seem to fit well 
within the purview of Danforth and warrant being struck down. On the other 
hand, if the laws ban only the rarer Partial-birth, ICD, or DX 
method, then it is distinct from Danforth in important ways and might well 
be constitutional, as to purely elective abortions. In either case, however, 
there is still the question of abortions that are justifiable for health 
reasons under Casey. An undue burden on an abortion decision for health 
reasons will presumably be judged differently than those that are purely 
elective in nature. In Caseyhttp://members.aol.com/abtrbng/conlaw.htm#casey
, at 880 http://members.aol.com/abtrbng/505l4.htm#880, the Supreme Court 
apparently applied the undue burden standard to
Doehttp://members.aol.com/abtrbng/conlaw.htm#doe-type
health situations. However, Casey offers little guidance in applying the 
standard, other than to say that a statute that does not in any way pose a 
significant threat to the life or health of a woman is constitutional, 
which is obvious enough. At any rate, proponents of these procedural bans 
claim that this abortion method is not required to ensure women's health. 
Opponents of these statutes argue that the partial-birth method is 
substantially safer than alternative procedures that require either 
intrauterine dismemberment (which is a rather forceful affair and is more 
likely leave fetal tissue behind) or delivery of an undeflated skull (which 
may require more dilation and result in a live delivery). Requiring women to 
undergo a substantially more risky operation would, arguably, place an undue 
burden on the availability of an otherwise protected abortion. Therefore, 
how important the procedure is to women's health is another point of 
controversy. And it seems that the disagreement is widespread: A** unanimous 
American Medical Association's Council on Legislation supported the federal 
ban as did the AMA's Vice President, who asserted the method was not 
medically indicated. However the AMA, as a whole, seems to have become more 
ambivalent, and has made no declarations on the matter since 1997. The 
American College of Obstetricians and Gynecologists, on the other hand, 
while not concluding that the procedure is necessary in any particular 
circumstances, held that it should be made available to physicians as part 
of their surgical repertoire. Moreover, a large number of federal district 
courts have determined that the procedure is materially necessary to some 
women who seek an otherwise legal abortion. *
 
http://members.aol.com/abtrbng/pbal.htm

It appears to not have some more recent decisions also invalidating the 
federal law which uses the same language.

Gary Denton
Easter Lemming Blogs

Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Gary Denton
On 5/17/05, Dan Minette [EMAIL PROTECTED] wrote:
 
 - Original Message -
 From: Gary Denton [EMAIL PROTECTED]
 
 On 5/17/05, Dan Minette [EMAIL PROTECTED] wrote:
 
  - Original Message -
  From: Gary Denton [EMAIL PROTECTED]
 
 The courts have essentially decided that this is a fact. That is the
 foundation of Roe vs. Wade. But, I hope you can see how I'm troubled that
 the order of actions by someone else, not one's own state, determines 
one's
 humaness.

Answered elsewhere but that is not the Roe v. Wade decision.

 
 I saw your quote from Reproductive Health Matters, and I don't find it
 intuitive. Since the abortions are illegal, it would be very interesting
 to see the methodogy of estimation. Looking back at US history, is it
 really likely that the number of abortions was roughly 40% of the number 
of
 births (as it was in the '80s in the US)? I'm also wondering if such a
 
 I googled for that term and got this self-definition:
 
  The journal offers in-depth analysis of reproductive health matters from
 a
 women-centred perspective, written by and for women's health advocates,
 researchers, service providers, policymakers and those in related fields
 with an interest in women's health. Its aim is to promote laws, policies.
 research and services that meet women's reproductive health needs and
 support women's right to decide whether, when and how to have children. 
 
 at
 
 http://gort.ucsd.edu/newjour/r/msg02430.html
 
 It's an advocacy magazine, as I guessed. I would not consider it any more
 objective than the GOP website. :-)

Here was my original:

Reproductive Health Matters volume 10, issue 19 (not online, sorry),
has a report on the results of Poland's abortion ban (Poland banned
abortion in 1993, except in cases of rape, a threat to the health or
life of the mother, or a severely damaged fetus). The Polish abortion
ban is fairly similar to what pro-lifers in the USA have proposed,
except that American pro-lifers are opposed to health exemptions.

The law didn't measurably reduce the number of Polish abortions; it
did, however, force hundreds of thousands of women to obtain illegal
abortions (and it drove the price of abortions way up). However, some
women who need abortions for health reasons don't have the money or
connections to obtain an illegal abortion, or cannot safely have an
abortion outside of a legal hospital setting. The result, of course,
is that women are hurt
 
I take it you believe that a law restricting abortion will reduce abortions 
measurably even if it doesn't eliminate abortions?

Or are you also disagreeing that illegal abortions will rise, the cost will 
go up, and women's lives would be endangered?

I would think a women's journal for health advocates would be more objective 
even on issues that concern them than a political organ but I may be naive 
that way. I think your link confirms it is a reputable science journal. 
Another link has: *Reproductive* *Health* *Matters* is a twice yearly 
peer-reviewed *...* Each issue of *Reproductive* *Health*
*Matters*concentrates on a specific theme.
*.
*
Can we determine which is which:

 The evidence shows that restrictive legislation is associated with higher 
rates of unsafe abortion and correspondingly high mortality. In Romania, for 
example, abortion-related deaths increased sharply when the law became very 
restrictive in 1966 and fell after 1990 with a return to the less 
restrictive legislation.17 

Contrary to common belief, legalisation of abortion does not necessarily 
increase abortion rates. The Netherlands, for example, has a non-restrictive 
abortion law, widely accessible contraceptives and free abortion services, 
and the lowest abortion rate in the world ­ 5.5 abortions per 1,000 women of 
reproductive age per year.16 Barbados, Canada, Tunisia and Turkey have all 
changed abortion laws to allow for greater access to legal abortion without 
increasing abortion rates.16

 Or this:

I support abortion, just as long as we can retroactively abort Hillary, 
Maureen, Nancy, etc.

This is a push-poll as sure as the sky is blue. The number of people I've 
run into willing to defend abortion publicly has plummetted within the last 
10 years. I'd say my anecdotal evidence has about as much authority as this 
bozo old media poll.

These people stop just short of holding a mother-to-be against her will, 
don't they? There was a thread recently about how the feticide
*business*has gotten so competitive in Michigan (my home state) that
some clinics
offer perks. The impression I got was a sort of Aromatherapy and Vaccuum 
Deluxe package. I believe it, too, living so close to MSU. A slaughterhouse 
on every corner.
 
Looks like Michael Savage got this one right. Bush is inexplicably doing 
everything in his power to elect Hillary Clinton president 2008.
One of these is from a health organization. One from a GOP site.

 
 
 Dan M.
 
-- 
Gary Denton
Easter Lemming Blogs
http://elemming.blogspot.com

Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Dan Minette

- Original Message - 
From: Warren Ockrassa [EMAIL PROTECTED]
To: Killer Bs Discussion brin-l@mccmedia.com
Sent: Wednesday, May 18, 2005 1:47 PM
Subject: Re: Abortion and the Democratic Party Re: The
AmericanPoliticalLandscape Today


 On May 18, 2005, at 11:29 AM, Dan Minette wrote:

  As far as I can tell, your reading and Harry Blackmum's opinions of
  this
  are different:
 
  and I quote from his opinion:

 [...]

(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 it is necessary, in
  appropriate
  medical judgment, for the preservation of the life or health of the
  mother.

  Health is clearly in there, not just life. DSM 300.02 is a clear easy
  out.

 How do you figure? The proviso includes appropriate medical judgment,
 which leaves psychologists right out, as only psychiatrists are also
 MDs, and only psychiatrists would be (implicitly) entitled to render
 *medical* judgment regarding a woman's health.

 A non-psychiatrist MD, furthermore, would not be able to make judgments
 based on mental health -- or so I understand -- so Dr. Nick Riviera
 can't just waltz in, say Hi everybody, and prescribe an abortion
 based on *anything* he pulls from a DSM.

That's not true.  A non-psychiatrist MD certainly can make a diagnosis and
write a perscription for mental health reasons.  I know that as a fact.  My
point is not that the MD can pull something out of his tush, it's that it
is a _legetimate_ mental health diagnosis.

 If you want to continue contending that a psychiatrist is likely to
 risk his license and professional future by trumping up a faked
 mental-health reason for a woman to have a late-term abortion, you
 certainly can, but it'll be an extremely tenuous argument, I think.

What's trumped up or faked?  You think that a woman wanting a late term
abortion won't be extremely anxious?  DSM4 is _the_ diagnostic tool for
mental health. This is _literally_ by the book...her mental health is in
danger if she is suffering anxiety disorder because she is pregnant.

  All it takes is a quick visit to the right free clinic to get this out.

 Even more odd. If it's a *free* clinic, what is the motivation to
 perform an abortion on trumped-up grounds? Wouldn't that be more likely
 with a bribable private practitioner?

Because they don't believe it's trumped up.  Since the fetus isn't human,
the mental health of the mother is all that's needed to justify an
abortion.  Becasue they are true believers in reproductive rights.

If the numbers are less than 1000/year, and some are needed to protect the
life of the mother, why not specify that third term abortions are legally
acceptable only when they are to protect the life of the mother.  Most
Americans are in favor of this.  Why do the promoters of reproductive
rights consider this such an affront to human rights?

Dan M.


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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Dan Minette

- Original Message - 
From: Gary Denton [EMAIL PROTECTED]
To: Killer Bs Discussion brin-l@mccmedia.com
Sent: Wednesday, May 18, 2005 1:48 PM
Subject: Re: Abortion and the Democratic Party Re: The
AmericanPoliticalLandscape Today




Thank you for that quote. That is very close to my summary except life or
health.

So are we splitting hairs over how much the health of the mother be
endangered?

Only if you think that a full term fetus has no humanity at all.  Are you
arguing that it is for society to decide who is human and who isn't, and
then proceed accordingly? If you consider two humans, and one person ends
the life of another to save their own, then that is much more justifyable
than killing another for health reasons.

Is it a bigger threat to not allow abortion at all, allow it in some cases
of phyical health of the mother, or to allow it if both a doctor and a
clinic decide the mother's health is endangered?

It depends on whom is being threatened.  If you believe that humanness in
not innate, but society has a right to limit who is considered human, then
that's a self consistent position. Is that your position?

Dan M.


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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Warren Ockrassa
On May 18, 2005, at 12:03 PM, Dan Minette wrote:
From: Warren Ockrassa [EMAIL PROTECTED]

A non-psychiatrist MD, furthermore, would not be able to make 
judgments
based on mental health -- or so I understand -- so Dr. Nick Riviera
can't just waltz in, say Hi everybody, and prescribe an abortion
based on *anything* he pulls from a DSM.
That's not true.  A non-psychiatrist MD certainly can make a diagnosis 
and
write a perscription for mental health reasons.  I know that as a fact.
Ah. Very well, so if a woman can convince her MD that there's a DSM 
entry for what she's experiencing, she can get a chit for a 
third-trimester abortion. And this disturbs you, apparently, but I 
still don't know why given the 1:25,000 number for late-term 
terminations. (Or even without that stat; that is, I don't know why 
this idea seems so distressing to you.)

My
point is not that the MD can pull something out of his tush, it's that 
it
is a _legetimate_ mental health diagnosis.
So the problem is not that something faked can be put forth as a reason 
for abortion? Then what is the problem, exactly?

If you want to continue contending that a psychiatrist is likely to
risk his license and professional future by trumping up a faked
mental-health reason for a woman to have a late-term abortion, you
certainly can, but it'll be an extremely tenuous argument, I think.
What's trumped up or faked?
Nothing, necessarily; you seem somewhat exercised over the idea that 
some DSM entries could conceivably be used to terminate a late fetus. 
Either you're concerned that such reasons would be faked or trumped-up, 
or you're concerned about something else, but you haven't named what it 
is (at least not that I've seen).

You think that a woman wanting a late term
abortion won't be extremely anxious?  DSM4 is _the_ diagnostic tool for
mental health. This is _literally_ by the book...her mental health is 
in
danger if she is suffering anxiety disorder because she is pregnant.
With a few weeks to go to the natural termination of the pregnancy, do 
you really believe a doctor will prescribe an abortion in the name of 
ending anxiety? Wouldn't that be imprudent? How much more anxious would 
the woman be after the abortion?

All it takes is a quick visit to the right free clinic to get this 
out.
Even more odd. If it's a *free* clinic, what is the motivation to
perform an abortion on trumped-up grounds? Wouldn't that be more 
likely
with a bribable private practitioner?
Because they don't believe it's trumped up.  Since the fetus isn't 
human,
the mental health of the mother is all that's needed to justify an
abortion.
Not necessarily. Blackman's decision is pretty clear about *medical* 
judgment, particularly *reasonable* medical judgment. I'm upset so 
let's terminate this baby, due in three weeks is hardly a reasonable 
request.

If the numbers are less than 1000/year, and some are needed to protect 
the
life of the mother, why not specify that third term abortions are 
legally
acceptable only when they are to protect the life of the mother.  Most
Americans are in favor of this.  Why do the promoters of reproductive
rights consider this such an affront to human rights?
I personally don't. Do you have cites to show that promoters of 
reproductive rights are actively opposed to protecting life only 
clauses?

Also, have you considered that the phrasing of the laws might still be 
in need of tuning by experience? After all there's a tenuous line 
between mental and physical health, and though I don't know of a case 
where a pregnancy might result in crippling a woman, if such a thing is 
possible I would be in favor of a termination, even in the third 
trimester, in the interest of protecting the woman's *health*.

Or consider the woman who, a couple years back, murdered all her 
children in a fir of postpartum depression. Wouldn't it have been 
arguable that termination of her latest pregnancy might have been a 
better course? It would not have protected her physical health; it 
would have been about her mental condition ... the ones physically 
protected would have been her other children, it seems to me.

Something is clearly bothering you here, but unless you're willing to 
state what it is, I can't see how it can be addressed in a rational 
discussion.

--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Warren Ockrassa
On May 18, 2005, at 12:07 PM, Dan Minette wrote:
Are you
arguing that it is for society to decide who is human and who isn't, 
and
then proceed accordingly?
Isn't that, rather, the thrust of *your* argument? A decision that a 
fetus past a certain number of days is human, full stop, and that's all 
there is to discuss? That's how it looks from this side.

Is that what's bothering you, Dan? The idea that somewhere in that 
third trimester, the fetus is more human than not, and therefore 
abortion shouldn't be possible any longer, or at least not *casually* 
so? If so, well, let's talk about that for a while rather than getting 
worked up over hypotheticals and theoreticals.

--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Bemmzim
In a message dated 5/18/2005 3:08:44 PM Eastern Standard Time, 
[EMAIL PROTECTED] writes:

 It depends on whom is being threatened.  If you believe that humanness in
 not innate, but society has a right to limit who is considered human, then
 that's a self consistent position. Is that your position?


That is the wrong formulation. Humaness is innate in the sense that it 
apertains to any human fetus but it is also not present at inception. It 
develops 
progressivley over time. There is no threshold over which a fetus crosses to 
become human but clearlythere is a range of time over which it changes from 
something that is potentially human to something that is human

 
 

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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Warren Ockrassa
On May 18, 2005, at 12:21 PM, I wrote:
On May 18, 2005, at 12:07 PM, Dan Minette wrote:
Are you
arguing that it is for society to decide who is human and who isn't, 
and
then proceed accordingly?
Isn't that, rather, the thrust of *your* argument? A decision that a 
fetus past a certain number of days is human, full stop, and that's 
all there is to discuss? That's how it looks from this side.
I think I just glimmed it here. Is your position, Dan, that not 
specifically protecting the unborn (late term) is essentially a 
decision to *rob* them of their humanity, to strip them of their innate 
right to life (whether defined as a legal custom or something divinely 
granted)? That not specifically forbidding third-trimester abortions 
except in the case of mortal need is, in essence, a sin of omission?

If so I think I might have a better sense of the source of your 
objection to supporting free-range abortion.

How about laws that clearly define what health of the mother is meant 
to express? Would that help your discomfort? (If so, all we need to do 
is settle on that definition ... and 50,000 pages later we'd probably 
have a good start, knowing the legal system as I do. ;)

--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Robert Seeberger
Dan Minette wrote:
 - Original Message -
 From: Gary Denton [EMAIL PROTECTED]
 To: Killer Bs Discussion brin-l@mccmedia.com
 Sent: Wednesday, May 18, 2005 10:30 AM
 Subject: Re: Abortion and the Democratic Party Re: The American
 PoliticalLandscape Today


 On 5/18/05, Ronn!Blankenship [EMAIL PROTECTED] wrote:
 At 08:46 PM Tuesday 5/17/2005, Dan Minette wrote:

 snip

 The courts have essentially decided that this is a fact.  That is
 the foundation of Roe vs. Wade.  But, I hope you can see how I'm
 troubled that the order of actions by someone else, not one's own
 state, determines one's humaness.

 I think that is a misreading of Roe v. Wade.  Based on evidence
 available at the time the Supreme Court ruled for no state
 involvement in the first trimester, state regulation in the second,
 and only to save the life of the mother in the third.  You can 
 argue
 about where the lines are drawn but one side in the debate doesn't
 want any lines.

 As far as I can tell, your reading and Harry Blackmum's opinions of
 this are different:

 and I quote from his opinion:

 quote

 (To summarize and to repeat:

  1. A state criminal abortion statute of the current Texas type, 
 that
 excepts from criminality only a lifesaving procedure on behalf of 
 the
 mother, without regard to pregnancy stage and without recognition of
 the other interests involved, is violative of the Due Process Clause
 of the Fourteenth Amendment.

  (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.

  (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.

  (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 it is necessary,
 in appropriate medical judgment, for the preservation of the life or
 health of the mother. it is so ordered

 end quote

 Health is clearly in there, not just life. DSM 300.02 is a clear 
 easy
 out. All it takes is a quick visit to the right free clinic to get
 this out.


Got an explicit example of this occuring exactly as you lay it out, or 
are you simply engaging in supposition?


xponent
Hypothesis Vs. Reality Maru
rob 


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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-18 Thread Warren Ockrassa
On May 18, 2005, at 9:26 PM, Robert Seeberger wrote:
Got an explicit example of this occuring exactly as you lay it out, or
are you simply engaging in supposition?
To be fair, I think we should talk about the hypotheticals, even the 
ones that seem (to some of us at least) only remotely feasible or not 
particularly relevant, because if something is reasonably possible, 
eventually it'll probably happen.

It seems to me that a lot of Dan's concern is based in the extremes -- 
the fringes, the things which happen rarely if ever, but which (to him 
at the very least) seem to pose some serious ethical or moral 
questions.

That an eighth-month abortion because of malaise has not yet (TTBOMK) 
happened doesn't necessarily mean it won't, and if (as I suspect is the 
case here) one feels an infant's soul is in peril or something like 
murder might be perpetrated, discussion of hypotheticals becomes 
crucial, if for no other reason than respect for the sensibilities of 
those involved in the discussion.

In this light, overlooking the very rare late-trimester abortion 
circumstance on the grounds that it's very rare is a little like 
ignoring the Earth-orbit crossing asteroids on the grounds that they've 
only caused three or maybe as many as five mass extinctions in 500 
million years. The costs of failure may be far too great to be careless 
about precautions; amortization of risk is literally impossible when 
the very uncommon eventually does happen, as it eventually will, and 
when the results are potentially so devastating.

So Dan doesn't necessarily have to provide a cite to have a legitimate 
concern that is worth discussing, I think. If what we're really talking 
about is a subset of ethics or morality, one of the best ways to do so 
is to talk about philosophical posers rather than history (at least to 
exclusivity), or so it seems to me. It seems more prudent to discuss 
what if? than what happened?.

--
Warren Ockrassa, Publisher/Editor, nightwares Books
http://books.nightwares.com/
Current work in progress The Seven-Year Mirror
http://www.nightwares.com/books/ockrassa/Flat_Out.pdf
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Re: Abortion and the Democratic Party Re: The AmericanPoliticalLandscape Today

2005-05-17 Thread Dan Minette

- Original Message - 
From: Gary Denton [EMAIL PROTECTED]
To: Killer Bs Discussion brin-l@mccmedia.com
Sent: Tuesday, May 17, 2005 6:27 PM
Subject: Re: Abortion and the Democratic Party Re: The
AmericanPoliticalLandscape Today


On 5/17/05, Dan Minette [EMAIL PROTECTED] wrote:

 - Original Message -
 From: Gary Denton [EMAIL PROTECTED]
 To: Killer Bs Discussion brin-l@mccmedia.com
 Sent: Tuesday, May 17, 2005 5:00 PM
 Subject: Re: Abortion and the Democratic Party Re: The American
 PoliticalLandscape Today

 Why do you want to get involved in medical decisions that endanger
 pregnant
 women?

 I guess the answer to this lies in the difference between this procedure
 and the procedure used sometimes with fetuses that are already known to
be
 dead. They are simply delivered dead...which is clearly emotionally
 tramatizing, but can be the best action for the mother's physical health.
 From what I've been told, sometimes women are asked to carry a dead
fetus
 until they naturally go into labor, which sound very very difficult.

 So, AFAIK, the differences between these two procedures (not including
the
 waiting for full term to deliver), is determined by legal, not medical
 factors.  It is against the law to deliver than terminate the life of the
 fetusthat's murder.  But, if the delivery is not quite completed,
it's
 a legal abortion.


Perhaps your right.  I know that dead fetuses are sometimes carried to
term, less medically risky, sometimes. But now some hospitals are
always making them be carried to term because even on a dead fetus
many hospitals will not do a dilation and extraction - too
controversial.

First, they could always induce labor...so I think there is a medical
reason for carrying the dead fetus to term.   I'm not sure why, once the
woman is dilated, pushing is all that more dangerous than an extraction.
There is the risk of the usual small complications for the woman that's
associated with normal childbirth, but I don't see how the risk of death or
serious harm is increased greatly by the extra time it takes for pushing a
stillborn baby out.  IIRC, delivery of even a dead fetus normally is
considered safer than any intervention that could be tried.

Let me ask a very simple question which bothers me a lot about the legality
of third trimester abortions.  If a woman finds a hospital and a physician
that are agreeable, is it legal to do a dilation and extraction on a fetus
that is normally developed, 8 lbs, and 3 days overdue? AFAIK, the answer is
yes.  How is that being less human than a 8 week 1 lb preme that takes tens
of thousands of dollars a day of effort to keep alive?

The courts have essentially decided that this is a fact.  That is the
foundation of Roe vs. Wade.  But, I hope you can see how I'm troubled that
the order of actions by someone else, not one's own state, determines one's
humaness.

I saw your quote from Reproductive Health Matters, and I don't find it
intuitive.  Since the abortions are illegal, it would be very interesting
to see the methodogy of estimation.  Looking back at US history, is it
really likely that the number of abortions was roughly 40% of the number of
births (as it was in the '80s in the US)?  I'm also wondering if such a

I googled for that term and got this self-definition:

 The journal offers in-depth analysis of reproductive health matters from
a
 women-centred perspective, written by and for women's health advocates,
 researchers, service providers, policymakers and those in related fields
 with an interest in women's health. Its aim is to promote laws, policies.
 research and services that meet women's reproductive health needs and
 support women's right to decide whether, when and how to have children. 

at

http://gort.ucsd.edu/newjour/r/msg02430.html

It's an advocacy magazine, as I guessed.  I would not consider it any more
objective than the GOP website. :-)



Dan M.


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