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THIRD TERM ABORTION

This article explores the controversial Supreme Court decision in Gonzales v. Carhart, which upheld the Partial-Birth Abortion Act of 2003. It examines the methods of dilation and evacuation (D&E) and dilation and extraction (D&X), their impact on the fetus and the mother, and the court's reasoning behind the decision.

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THIRD TERM ABORTION

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  1. THIRD TERM ABORTION GONZALES v. CARHART APRIL, 2007

  2. METHOD • D & E [DILATION AND EVACUATION] • COMMON IN 2ND TRIMESTER • REMOVAL OF FETAL TISSUE • BREAK UP OF FETUS (10-15 PASSES) • D & X [DILATION AND EXTRACTION] • “INTACT” D & E • REMOVAL OF BODY PAST NAVEL TO HEAD • REMOVAL OF BRAIN TO REDUCE SIZE OF SKULL • MEDICAL JUDGMENT • “SAFER” FOR THE MOTHER

  3. Congressional Act“Partial-Birth Abortion Act” (2003) • METHOD OF ENDING FETAL LIFE • DELIVERY OF LIVING FETUS • HEAD ONLY (INTO THE CERVEX) • TRUNK ONLY • GRUESOME AND INHUMAN PROCEDURE • NEVER MEDICALLY NECESSARY (DISPUTED) • MOTHER’S HEALTH EXCEPTION

  4. SUPREME COURT HOLDINGS I • NO UNDUE BURDEN ON RIGHT OF MOTHER TO ABORTION. • PROTECT LIFE OF MOTHER AND FETUS • STRUCTUAL MECHANISM TO EXPRESS PROFOUND RESPECT FOR FETAL LIFE • DELIVERY TO A SPECIFIC ANATOMICAL LANDMARK • NAVEL • INTENTION TO KILL • PERVERTS THE BIRTH PROCESS • UNDERMINES PUBLIC’S PERCEPTION OF PHYSICIAN’S ROLE

  5. SUPREME COURT HOLDINGS II • ABORTION NOT INVOLVING PARTIAL DELIVERY IS PERMITTED • DOES NOT PROHIT D & E • REMOVAL OF FETUS IN PIECES • ALLOWS INJECTION INTO FETUS TO DELIVER A DEAD, RATHER THAN, LIVE FETUS • PRECLUDES LIABILITY FOR “ACCIDENTAL” INTACT D & E • PROTECTING HUMAN LIFE FROM BRUTAL AND INHUMANE PROCEDURE • PROTECT THE MEDICAL COMMUNITIES’ ETHICS AND REPUTATION

  6. SUPREME COURT HOLDINGS III • TANTAMOUNT TO KILLING NEWBORN INFANT • INFORMATION TO MOTHER • REGRET THE DECISION? • CONTESTED FACTUAL RISK TO MOTHER • D & E IS ALWAYS AVAILABLE

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