By Kathy Ostrowski, Legislative Director, Kansans for Life
Amanda Marcotte is a strident abortion proponent who is in abject misery over the passage of the Unborn Child Protection from Dismemberment Abortion Act in Kansas & Oklahoma.
Her headline reads “Anti-Choicers Are Going to Take Away Second-Trimester Abortion Without Much Notice.” Though the actual content of her piece is all over the place, her message is clear. She is distressed that a significant restriction on abortion is now available to reach the Supreme Court, and frustrated that her side not only has no defense, and, moreover, can’t even discuss the law’s content for PR reasons.
They have no defense because there is no defense for dismemberment abortions which crush, tear and pulverize living unborn human beings. Marcotte dares not even mention the unborn baby, which is the focus of this new law.
By necessity all state pro-life measures attempt to navigate the landscape and boundaries set out by the U.S. Supreme Court. That includes understanding that with the 1992 Casey decision, the justices have left the door ajar for additional limitations.
Marcotte recognizes that the authors of various pro-life bills over the past decade have taken different approaches. Why wouldn’t they probe and prod, looking to see what the justices will accept? That only makes sense.
Marcotte tries to dismiss these laws, which is her prerogative, but it is simply foolish to dismiss the fact that there is a public receptivity to them.
Marcotte does recognize that this dismemberment ban (with language provided by the top experts at the National Right to Life Committee) is a genuine threat to the abortion status quo. The law is a natural follow-up to the ban on partial-birth abortion, upheld in the 2007 Gonzales v Carhart ruling. Let me explain.
The Unborn Child Protection from Dismemberment Abortion Act has several purposes:
· to educate the public about the gruesome torture inflicted on the living, unborn child in a dismemberment abortion;
· to stop such abortions; and
· to present the Supreme Court with a bill that is consonant with what a majority of the High Court held in the partial-birth abortion ruling.
Abortion attorneys themselves anticipated –with dread, of course–this ban on dismemberment abortions after Gonzales. In Gonzales, the justices upheld the public’s right, through duly passed legislation, to halt a barbaric abortion method, despite the protests of abortionists that this partial-birth method was “safer” for women and needed.
States have provided a variety of significant pro-life measures that the Court may soon choose to weigh in on, including conflicting rulings on the woman’s full access to viewing her unborn child’s ultrasound prior to abortion.
However, this ban on dismemberment abortions would present the justices with a direct follow up to their last abortion ruling. That is what scares Marcotte.
And it should.