Public Funding and Abortions
Nick Gillespie | April 19, 2007, 8:40am
Now that the Supreme Court has upheld a ban on late-term abortions, pro-lifers in Maine are going after Vacationland's public funding of the procedure, regardless of when in the pregnancy it occurs. From the Portland Press-Herald/Maine Sunday Telegram's account:
Abortion foes in Maine celebrated Wednesday as the U.S. Supreme Court upheld a federal prohibition on so-called "partial-birth" abortions, but they also remained focused on their next priority: defeating a state measure that would provide public financing for abortions....
[Abortion opponents] hoped the victory would inspire people opposed to the funding bill sponsored by Senate President Beth Edmonds. Edmonds, D-Freeport, said she was disappointed in the court ruling but didn't think it would affect her bill. The measure, she said, is not about whether a woman should have an abortion but about helping those who would have to suffer financial hardship to have the procedure. "It's a fairness issue," she said.
The paper reports that about 2,500 abortions get done in Maine each year. More here.
I'm pro-choice but opposed to public funding of abortions--and indeed, public funding for most things, from the arts to the zoos. That's not (simply) because I'm stingy. Public funding inherently politicizes whatever activity is in question, forcing electoral minorities to subsidize the preferences of majorities (or, more accurately, well-connected interest groups who can work the system). Apart from any and all issues raised by abortion (or anything else), that sort of thing ups the level of societal acrimony tremendously.
As with schools and so much more, I'd prefer to see the state's reach reduced to as small a share as possible, with private funding sources, including for-profits, nonprofits, and charities, doling out money donated by folks who are politically and ideologically simpatico with whatever they're funding. This wouldn't reduce arguments about what is good, moral, and effective (whether the topic is abortion, school curricula, or religion), but it would be far more preferable than, say, forcing anti-drug war types to fund DARE programs or social cons to pony up their tax dollars for sex ed programs they deem wrong.
Bonus irony in the SCOTUS decision, especially given how often conservatives rail against Roe v. Wade and, more generally, judges who create legislation via judicial fiat rather than enforce the will of the people:
The court decision accomplished what Maine abortion opponents were unable to do in the state. In 1999, Maine voters rejected a ban on the "partial-birth" procedure, with 56 percent opposed. Since then, similar proposals have been among the unsuccessful measures submitted in the Legislature to restrict abortion.
On the 30th anniversary of Roe v. Wade, I surveyed the uneasy status quo regarding abortion rights here.
Damon Root made the libertarian case for judicial activism here.
Dave W. | April 19, 2007, 10:56am | #
But I think that Roe vs Wade is bogus.
I used to feel that way until I read
Roe v. Wade carefully in 2003. Speaking roughly,
Roe v. Wade says unrestricted abortion in the first; somewhat regulated abortion in the second trimester (if anyone wants to regulate), and heavy regulation (eg, near prohibition) (again assuming the state or feds want to do this).
Roe also says that the permissible state/fed regulation can take into account the idea that the 2d or 3d trimester fetus has some intrinsic value, in and of itself, even though this value falls short of making the fetus a full human being.
Frankly, I think the decision is brilliant. If applied in the spirit in which it was written, it would lead the US to have abortion laws a lot more like Europe's and this abortion thing would be much less polarizing, and politicians would not be making hay out of the issue for decades, as US politicians have.
So, to answer some of the objections:
1. Abortion is a thing of the states to a large degree. States just have not used the
Roe framework in a wise way (see next point).
2. A wise, politically balanced state would say that: (i) first trimester abortion is basically unrestricted; (ii) that a second semester one requires a serious showing to a "court" that there is a physical health issue for the mother/carrier/etc.; and (iii) that third trimester is prohibited except in life or death situations. This puts the responsibility on the woman to figure out she is pregnant quicky and get that abortion when the getting is good. responsibility like this is a healthy thing, I think.
3. Sadly, instead of doing this, pro-lifers try to draw the lines in stupid places, part for sentimental reasons, and part because they want the issue to remain contentious. Instead of working with
Roe's framework, using words of
Roe itself, drawing the lines where
Roe explicitly encourages lines to be draw, the pro-lifers make statutes with all kinds of latent defects, leaving out a health of the parent exception here, making a procedure based ban there, drawing the line at the plane of the parent's body like it is a metaphysical endzone of some sort.
LarryA | April 19, 2007, 11:34am | #
Abortion foes in Maine celebrated Wednesday as the U.S. Supreme Court upheld a federal prohibition on so-called "partial-birth" abortions, but they also remained focused on their next priority:
Never satisfied. Anyone wonder where slippery slope issues come from?
Can some one please explain why partial-birth abortions are being considered separately from any other late-term abortion.
PBA is icky. (You don’t have to physically see the fetus, just imagine what the procedure looks like.) Abortion foes can convince enough people that it’s murder instead of a medical procedure to get it banned. With their foot in the door they can then move to the next step. See above.
It’s the same reason gun control folks go after “assault rifles” and anti game folks go after GTA.
but what you're kind of saying here is that you wish people wouldn't consider certain issues important enough to require government action. But that would preclude having a government at all.
Actually, such personal issues are
too important for government action. The government can be kept sufficiently busy defending the country and printing currency without involving it in every personal decision individuals make.
I used to feel that way until I read Roe v. Wade carefully in 2003. ... Frankly, I think the decision is brilliant.
I would say rather that you find the
procedure set up by the decision brilliant. (Not everyone does.) The reason RvW is bogus is that the way the
decision itself was written stretched the Constitution way out of shape.
A wise, politically balanced state
Ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha, ha.
Sadly, instead of doing this, pro-lifers try to draw the lines in stupid places, part for sentimental reasons, and part because they want the issue to remain contentious.
No. True pro-life people believe that any abortion, including most birth control, is immoral. Therefore they want as many procedures as they can get, prohibited. Their ultimate goal is complete prohibition. Just like the committed pro-choice folks believe a woman should control her body and therefore want no prohibitions whatsoever.
The issue remains controversial because each side commands a large minority of supporters and no compromise will satisfy both factions.
Women do not get pregnant by accident.
Tell that to one looking at a busted rubber. Contraception can fail. Also, sexual assault isn’t an “accident,” but neither is it an intentional act on the part of the victim.
My point is though that even if you get pregnant by accident you are still taking that risk. Every action has risks and every intelligent person needs to be responsible for the actions they take.
True. But this begs the current question: Should getting an abortion be one of the responsible options, should it be restricted, or should it be prohibited?
Dave W. | April 19, 2007, 11:34am | #
I think the reason many people feel as though Roe v Wade is bogus is not because of the political nature of the decision but rather because it is political to begin with. Do you honestly believe that the 14th amendment guarantees a woman's right to an abortion.
Tough question. here is the moneyquote from the 14th:
"No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, [b]liberty, or property, without due process of law[/b]. . ." (emphasis added)
If the woman had a chimp, it would be property. If the woman had a corpse it would be property.
What about a zygote? Is it property or not? I think you can argue that it is property. What is more the text specifies liberty as separate from property. "Liberty" is a pretty vague term, and pretty high falutin', too. Even if the freedom to have an early term abortion is not depriving the parent of property, I think it is an impingement on liberty, within the meaning of the 14th.
Of course, this doesn't end the ananlysis. The fact that due process must be given before a restriction on her abortion liberty merely begs the question of what process is "due." There is no all-purpose, self-evident answer to that. The law is not a brooding omnipresence in the sky.
So the
Roe decision drew up a three trimester based compromise as to what the due process had to be. They could have erred on the side of allowing more restrictions in the first trimester, but they did not. they accorded a first trimester fetal life substantially no weight against the liberty interest.
On the other hand, the allowed the state to defend fetal interests somewhat in the 2d and 3d trimester. The balance there is less determinate. States have significant discretion to act (or not) there, too. In that sense,
Roe is humble with federal power and the power of the 14th amendment.
Neither a shrill advocate like Jennifer, nor a Holy Roller like my mother, is happy with the range of compromises permitted to and (to some extent) required by the states. Nevertheless I think it is withing the range of places that the 14th amendment would want SCOTUS adjudicating constitutionally. If they didn't want SCOTUS there, they would have used less vague words than "liberty" and "due process." The 14th amendment casts a wide net on its own terms.