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An Abortionist’s Right to Deceive Women
National Review Online ^ | Sept. 14, 2007 | Walter M. Weber

Posted on 09/14/2007 2:01:38 PM PDT by rhema

New Jersey’s supreme court has just decided that, as far as state law is concerned, an abortionist can give false information to a woman trying to decide whether to have an abortion.

Is there a “baby in there”? That’s what Rose Acuna wanted to know from her obstetrician-gynecologist. She was six to eight weeks along at the time. “Don’t be stupid. It’s only blood,” the physician, Sheldon Turkish, allegedly replied. (Turkish argues that he probably said, “It’s just tissue.”) So, three days later, Acuna went ahead with the abortion.

Acuna then suffered complications. She’d had an “incomplete abortion,” and a hospital nurse informed her that “the doctor had left parts of the baby inside of you.”

Baby? What baby? Didn’t the doctor say “just blood” (or “just tissue”)?

Acuna started looking for answers. What she found out about the medical realities of human development and abortion was emotionally devastating. Now, she would carry a burden of guilt and grief for the rest of her life.

Rose Acuna sued the doctor, saying she’d been lied to and misled. The case wound its way through the New Jersey legal system until, on September 12, the state supreme court ordered her case dismissed.

“We are sympathetic to the deep pain the plaintiff has suffered,” Justice Barry Albin wrote for a unanimous court. However, the court was decidedly not sympathetic to Mrs. Acuna’s legal claims.

The court did not even try to defend Turkish’s embarrassingly inaccurate response to Acuna’s question. Instead, the court said it didn’t matter. “Despite defendant’s ‘don’t-be-stupid-it’s only blood’ remark in describing the developmental stage of her embryo, [Acuna] understood that without [an abortion or] miscarriage, she would give birth to a child in seven more months.” In other words, so long as the woman is told she’s pregnant, the would-be abortionist can feed her the most preposterous nonsense about what’s actually going on in her womb. And if that nonsense induces the woman to abort the baby in ignorance, too bad.

So much for “informed choice.”

Acuna pressed a second argument as well. Even apart from Dr. Turkish’s affirmative misinformation, Acuna argued, the physician had an obligation at least to inform Mrs. Acuna that, as a matter of pure biological fact, she carried an embryo that was “a member of the species Homo sapiens.”

Again, the state supreme court disagreed. The court declared that there was “clearly no consensus” on whether an embryo is, as matter of “biological fact” a “human being”. Why? Because there is “moral, theological, [and] ideological” disagreement over the status of unborn children.

But Acuna wasn’t asking the doctor for “moral, theological, or ideological” information. She wanted the cold, hard, medical facts. Then she could apply her own value system in responding to those facts.

The state supreme court admitted that its decision ultimately represented a “value judgment” by the court. One shudders to think what “value” justifies subordinating a woman’s supposed right to “choice” to an abortionist’s callous and patronizing deception.

Acuna v. Turkish is the case of an abortionist who badly, tragically, failed his patient. Now that the state supreme court has immunized his malpractice, this is also a case of a state supreme court that has badly, tragically failed its citizenry.

— Walter M. Weber is senior litigation counsel for the American Center for Law and Justice.


TOPICS: Culture/Society; Editorial; US: New Jersey
KEYWORDS: abortion; abortionists; informedconsent; moralabsolutes; prolife; ruling
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1 posted on 09/14/2007 2:01:41 PM PDT by rhema
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To: cpforlife.org; wagglebee; MHGinTN; LiteKeeper; Caleb1411
Acuna pressed a second argument as well. Even apart from Dr. Turkish’s affirmative misinformation, Acuna argued, the physician had an obligation at least to inform Mrs. Acuna that, as a matter of pure biological fact, she carried an embryo that was “a member of the species Homo sapiens.”

Again, the state supreme court disagreed. The court declared that there was “clearly no consensus” on whether an embryo is, as matter of “biological fact” a “human being”. Why? Because there is “moral, theological, [and] ideological” disagreement over the status of unborn children.

2 posted on 09/14/2007 2:04:12 PM PDT by rhema ("Break the conventions; keep the commandments." -- G. K. Chesterton)
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To: rhema

Ghouls.


3 posted on 09/14/2007 2:05:47 PM PDT by Frank_Discussion (May the wings of Liberty never lose a feather!)
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To: rhema; cgk; Coleus; cpforlife.org; narses; 8mmMauser

Ping to rhema’s thread.


4 posted on 09/14/2007 2:08:32 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: rhema; 230FMJ; 49th; 50mm; 69ConvertibleFirebird; Aleighanne; Alexander Rubin; ...
Moral Absolutes Ping!

Freepmail wagglebee or little jeremiah to subscribe or unsubscribe from the moral absolutes ping list.

FreeRepublic moral absolutes keyword search
[ Add keyword moral absolutes to flag FR articles to this ping list ]


5 posted on 09/14/2007 2:08:55 PM PDT by wagglebee ("A political party cannot be all things to all people." -- Ronald Reagan, 3/1/75)
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To: rhema

So if it’s not a member of the species Homo sapiens, what is it? A giraffe? A snail darter? A giant panda? If it were any of the previous species it’d have more legal protection than an unborn human, though, I suppose.


6 posted on 09/14/2007 2:12:18 PM PDT by mvpel (Michael Pelletier)
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To: rhema
Is there a “baby in there”? That’s what Rose Acuna wanted to know from her obstetrician-gynecologist.

No, what she wanted was to be absolved of any responsibility by being able to say "oh - it was just tissue, the Dr. told me so, he's the expert".

7 posted on 09/14/2007 2:16:37 PM PDT by ladtx ( "I don't know how I got over the hill without getting to the top." - - Will Rogers)
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To: rhema
So by a similar vein, when the US Govt did illegal experiments on its citizens via the polio vaccinations etc back in the 60's it should be OK then too eh?

Truth has died repeatedly in this country against the powerful interests of Gays, Militant Islamists, the Pharmaceutical Industry, Lawyers and the Abortion industry.

TYogether with the likes of Judges for Hire, Activist Judges, corrupt Lawyers & Politicians and the MSM there is very little truth existent in the country anymore.

8 posted on 09/14/2007 2:16:37 PM PDT by prophetic
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To: mvpel
Acuna then suffered complications. She’d had an “incomplete abortion,” and a hospital nurse informed her that “the doctor had left parts of the baby inside of you.”

I thought Roe v. Wade was in part to stop back alley coat hanger abortions. But since abortionists don't have to have a medical license to practice, it's not all that much different.

So if it’s not a member of the species Homo sapiens, what is it? A giraffe? A snail darter? A giant panda?

None of the above, it's tissue....think Kleenex.

9 posted on 09/14/2007 2:19:10 PM PDT by xJones (Real countries have real borders.)
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To: rhema
So if I were to sell a certain product to a consumer and told them it had such & such features (which it does not), I am NOT liable for false representation under the law?

This means then that anyone can make any claims for whatever product and/or services to a potential consumer, and even after they paid for it and found that they didn't get what they thought they paid for then its still OK???

But these N.J. kangaroo court judges and make this up and get away with it is simply incredulous!!!

10 posted on 09/14/2007 2:22:20 PM PDT by prophetic
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To: ladtx

I would have to agree with you. She wanted to hear what that doctor said. Sad, sad, sad.


11 posted on 09/14/2007 2:22:29 PM PDT by trimom
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To: rhema
Abortion is the ONLY medical procedure where safety laws are not enforced. They claimed they wanted abortion legal so it would be "safe". However, they really want it legal to implement eugenics and kill babies for profit. That's the extent of it.

"Is there a “baby in there”? That’s what Rose Acuna wanted to know from her obstetrician-gynecologist. She was six to eight weeks along at the time. “Don’t be stupid. It’s only blood,” the physician, Sheldon Turkish, allegedly replied. (Turkish argues that he probably said, “It’s just tissue.”) So, three days later, Acuna went ahead with the abortion."

He point bland LIED to this woman. He knew it was a small person early in development, but he knew she wouldn't have the abortion if he told her the truth. Doctors are not permitted to be dishonest when it comes to any other area of medicine except this one.

"Acuna then suffered complications. She’d had an “incomplete abortion,” and a hospital nurse informed her that “the doctor had left parts of the baby inside of you.”"

What! He's not a very good hired hitman. Obviously this is a human being, or there would just be blood and tissue parts stuck in there.

"Again, the state supreme court disagreed. The court declared that there was “clearly no consensus” on whether an embryo is, as matter of “biological fact” a “human being”. Why?"

He can tell her there is a tapeworm in there if he wants. Some women might be naieve enough to believe it. Afterall, he doesn't have to tell the truth. People can believe what they want morally, etc., but it doesn't change medical fact.

This poor woman obviously wound up with a court room filled with pro-aborts, and they sided with the hired hitman.

12 posted on 09/14/2007 3:56:35 PM PDT by Pinkbell (Duncan Hunter 2008 - Protecting and Restoring America)
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To: prophetic
there is very little truth existent in the country anymore.

prophetic words, indeed

13 posted on 09/14/2007 5:26:30 PM PDT by sionnsar (trad-anglican.faithweb.com |Iran Azadi| 5yst3m 0wn3d - it's N0t Y0ur5 (SONY) | UN: Useless Nations)
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To: rhema

New Jersey - The Necromonger State


14 posted on 09/14/2007 5:28:50 PM PDT by VOA
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To: rhema; 2ndMostConservativeBrdMember; afraidfortherepublic; Alas; al_c; american colleen; annalex; ..
Please notify me via FReepmail if you would like to be added to or taken off  the Pro-Life/Stem Cells/Conservative Issues Ping List. Sign up and Try Conservapedia instead of Wickipedia.   For a list of 300 Pro-life Websites, click on Coleus and go all the way to the bottom.

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15 posted on 09/16/2007 6:33:46 PM PDT by Coleus (Pro Deo et Patria)
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To: rhema

BUMP!

THEY LIE!


16 posted on 09/16/2007 6:36:59 PM PDT by nmh (Intelligent people recognize Intelligent Design (God) .)
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To: rhema; Simul iustus et peccator; Disgusted in Texas; B Knotts; ChinaGotTheGoodsOnClinton; corbos; ..
+

Freep-mail me to get on or off my pro-life and Catholic Ping List:

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17 posted on 09/16/2007 6:45:47 PM PDT by narses (...the spirit of Trent is abroad once more.)
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To: Coleus

There’s also this news at my blog:
http://www.lifeethics.org/www.lifeethics.org/2007/09/parental-notification-for-abortion.html
“Abortion Access and Risky Sex Among Teens: Parental Involvement Laws and Sexually Transmitted Diseases”

It turns out that when States require minors to notify their parents before an abortion, teen STD’s go down. The authors suggest that the “cost” of sex becomes too high for the girls and even the boys.


18 posted on 09/16/2007 6:53:20 PM PDT by hocndoc (http://www.lifeethics.org/www.lifeethics.org/index.html)
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To: rhema

Let’s see a copy of the consent form that she signed, that authorized the doctor to proceed with the abortion.


19 posted on 09/16/2007 7:41:36 PM PDT by TChad
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To: rhema

Truly outrageous as well as tragic! What else can one expect from the liberal court of the Liberal state of New Jersey? Morality, justice and fairness have disappeared from our court system.


20 posted on 09/16/2007 8:09:32 PM PDT by TAdams8591 (Mitt Romney '08)
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