Annabella the Righteous wrote:
I think the key is that late term abortions, according to the AMA's guidelines, have always been used when the mother's life is at risk and not for the same reasons as first or second trimester abortions.
Really!? What about
this situation?
The problem is that while the AMA may set standards, they are so vague that doctors can easily bypass them. And even when someone tries really hard to do something about it, there are *huge* political obstacles in their way (as evidenced in this case). When you've got liberal judges who will throw out charges of abuse (and misdemener ones at that!), you can't exactly expect to have the AMA's guidelines followed.
It's a nice theory. The reality is that those guidelines can and are violated with impunity. While I agree (and stated as much) that the issue should be over what constitutes a legitimate "women's health" justification for a late term abortion, this ruling will at least serve as a starting point for that discussion.
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Why introduce language into the law specifically restricting it unless there is an inference or an attempt to characterize the prochoice movement as brutal while backing away from being upfront that most on the right want to eliminate abortions regardless of the mother's health.
Again. We keep hearing pro-choice folks say "mothers health". Could you please define that? What are legitimate health reasons to justify such an action? Because what's actually happening is that some doctors are using things like depression as a legitimate health reason for a later term abortion.
When you say that, you're essentially saying "abortion on demand", because that's what it has become in practice.
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The problem is that many doctors were taking the "woman's health" phrase very broadly in this context. They were performing the proceedure for such health reasons as depression and anxiety.
It actually wasn't. And that is specifically against the AMA's own medical guidelines. I think that is what generally the people wanted people to believe to justify the governmental intrusion into what is a private medical procedure.
Read the article I linked. Then re-assess your assumption.
The issue of "health" is being abused.
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This was the AMA's position in part:
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2) According to the scientific literature, there does not appear to be any identified situation in which intact D&X is the only appropriate procedure to induce abortion, and ethical concerns have been raised about intact D&X. The AMA recommends that the procedure not be used unless alternative procedures pose materially greater risk to the woman. The physician must, however, retain the discretion to make that judgment, acting within standards of good medical practice and in the best interest of the patient.
Yes. And the law still allows that. But only if the conditions for the decision involve a risk to the life of the mother. Not the more vague "best interest of the patient".
Again. The problem is that many doctors interpret "best interest of the patient" as "whatever the patient wants to do". That's not what the AMA presumably intended, but it's how it's being interpreted and practiced in the real world.
The law does not limit the doctors medical choices. It only defines that "best interest" to those things that actually carry a threat to her life (which amusingly is how everyone assume it should be interpreted, but not how it's actually written into law).
The law only codifies what most people believe *should* be the deciding justification for that proceedure. Are you saying that a doctor should be allowed to perform the proceedure even if there's no increased risk to the womans life if he doesn't? Cause that's the only reason to argue your position.
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If the AMA has specifically set out these standards which guides the medical profession, why introduce this language into law with the accompanied inferences that this was not the policy of the AMA in the first place and they needed busybody rightwingers to legislate private medical procedures.
Ok. What do you think those standards mean? Do they mean that it's ok for a doctor to perform the proceedure because the woman says she'll be depressed if she's not allowed to abort? Is it ok for a doctor to perform it because it's a bit easier then another proceedure (but has no other health risks to the woman)?
What exact reasons do you think the AMA intended for doctors to be able to use this proceedure? Cause I realy don't think you understand to what degree these "standards" are not being followed (or are just being manipulated into ineffectiveness).
Edited, Apr 19th 2007 7:24pm by gbaji