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Did I Violate the Partial-Birth Abortion Ban?
SLATE ^ | October 22, 2003 | Warren M. Hern

Posted on 10/23/2003 12:19:26 PM PDT by NYer

As the misleadingly titled "Partial-Birth Abortion Ban" makes its way to the president's desk, anti-abortion groups are celebrating their public relations victory. But beneath the hoopla, the bill's medical consequences remain murky. Exactly which procedures will be banned, and which doctors prosecuted? Will the anti-abortion lobby be happier with the alternative methods to which doctors will resort? If not, which methods and doctors will be targeted next? Will this ban have a chilling effect on related procedures? If so, will it prevent abortions—or births?

I ask these questions because I am a potential target of this legislation. Almost exactly 30 years ago, shortly after Roe v. Wade, I started performing abortions on a full-time basis in Boulder, Colo., at the state's first free-standing nonprofit abortion clinic, where I was the founding medical director. In my private practice, I perform many abortions as late as the 26th week of pregnancy, and some as late as the 34th week.

I don't know the answers to the questions I've posed above, and neither does Congress. No physician expert on late abortion has ever testified in person before a congressional committee. No peer-reviewed articles or case reports have ever been published describing anything such as "partial-birth" abortion, "Intact D&E" (for "dilation and extraction"), or any of its synonyms. There have been no descriptions of its complication rates and no published studies comparing its complication rates with those of any other method of late abortion.

What I do know is that the political exploitation of this issue is confusing and frightening my patients. Recently, I received a call from a woman whose physician had discovered catastrophic genetic and developmental defects in the fetus she is carrying. The pregnancy was profoundly desired, and the diagnosis was devastating for her and her husband. She called me with great anxiety to find out whether passage of the "partial-birth" ban by the Senate would mean that she could not come to my office for help because my work would be illegal. She was also horrified by the images that she had seen and the terminology she had heard in the congressional debates.

I reassured her that I do not perform the "partial-birth" procedure and that there is no likelihood that the ban's passage would close my office and keep me from seeing her. The fetus cannot be delivered "alive" in my procedure—as the ban stipulates in defining prohibited procedures—because I begin by giving the fetus an injection that stops its heart immediately. I treat the woman's cervix to cause it to open during the next two days. On the third day, under anesthesia, the membranes are ruptured, allowing the amniotic fluid to escape. Medicine is given to make the uterus contract, and the dead fetus is delivered or removed with forceps. Many variations of this sequence are possible, depending on the woman's medical condition and surgical indications.

On the same day I got that call, I received a call from another woman who hoped to become pregnant but wanted to be reassured that, in spite of passage of the "partial-birth" ban, she would still be able to terminate the pregnancy if a serious genetic defect were discovered at, say, 20 weeks of pregnancy. Because of her history, she has an especially high risk of such a scenario. Without reassurance, she would avoid pregnancy entirely. Again, I reassured her that I would be here for her if she needs me.

But what if the people enforcing the "partial-birth" ban decide for some reason—because they doubt that my injection worked, for example—that it covers what I do? Or what if other doctors decide to follow the same procedure of causing fetal death by injection some time—even a day or two—before the extraction is performed? If the intact delivery of the living fetus (the "birth" imagery) is what bothers lawmakers, will they ban this method as well? Depending on the doctor, the alternative to intact extraction could be dismemberment of the fetus in the uterus, which may be more dangerous for the woman and no less troubling to look at. Is that what Congress wants? Who gets to decide what is safer for the woman: the expert physician or Congress?

Earlier this year, I began an abortion on a young woman who was 17 weeks pregnant. Because of the two days of prior treatment, the amniotic membranes were visible and bulging. I ruptured the membranes and released the fluid to reduce the risk of amniotic fluid embolism. Then I inserted my forceps into the uterus and applied them to the head of the fetus, which was still alive, since fetal injection is not done at that stage of pregnancy. I closed the forceps, crushing the skull of the fetus, and withdrew the forceps. The fetus, now dead, slid out more or less intact. With the next pass of the forceps, I grasped the placenta, and it came out in one piece. Within a few seconds, I had completed my routine exploration of the uterus and sharp curettage. The blood loss would just fill a tablespoon. The patient, who was awake, hardly felt the operation. She was relieved, grateful, and safe. She wants to have children in the future.

Did I do a "partial-birth" abortion? Will John Ashcroft prosecute me? Stay tuned.Warren M. Hern, a physician, is director of the Boulder Abortion Clinic in Boulder, Colo.

Article URL: http://slate.msn.com/id/2090215/


TOPICS: Business/Economy; Constitution/Conservatism; Crime/Corruption; Culture/Society; Extended News; Government; News/Current Events; US: Colorado
KEYWORDS: abortionists; pbaban2003
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1 posted on 10/23/2003 12:19:27 PM PDT by NYer
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To: NYer
Let's call the procedure what it is: infanticide.
2 posted on 10/23/2003 12:20:46 PM PDT by My2Cents (Well...there you go again.)
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To: cpforlife.org; Mr. Silverback
Then I inserted my forceps into the uterus and applied them to the head of the fetus, which was still alive, since fetal injection is not done at that stage of pregnancy. I closed the forceps, crushing the skull of the fetus, and withdrew the forceps. The fetus, now dead, slid out more or less intact.

How does this man sleep at night?

3 posted on 10/23/2003 12:21:11 PM PDT by NYer ("Close your ears to the whisperings of hell and bravely oppose its onslaughts." ---St Clare Assisi)
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To: NYer
Well isn't this 'doctor' full of compassion? If you don't allow me to kill them in the usual manner, I'll just have to dismember them in utero.
4 posted on 10/23/2003 12:23:38 PM PDT by Sender
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To: NYer
As the misleadingly titled "Assault Weapons Ban" made its way to the president's desk, anti-gun groups were celebrating their public relations victory. But beneath the hoopla, the bill's legal consequences remain murky. Exactly which firearms will be banned, and which sellers prosecuted? Will the anti-gun lobby be happier with the alternative firearms that will be made in their place? If not, which firearms and features will be targeted next? Will this ban have a chilling effect on related rights? If so, will it prevent firearms ownership — or defensive gun uses?

5 posted on 10/23/2003 12:25:31 PM PDT by coloradan (Hence, etc.)
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To: NYer
"Did I do a "partial-birth" abortion?"

No, you committed pre-meditated, cold blooded murder on an innocent and helpless human being. You are a mass murdering butcher.

6 posted on 10/23/2003 12:26:24 PM PDT by Jim Robinson (Conservative by nature... Republican by spirit... Patriot by heart... AND... ANTI-Liberal by GOD!)
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To: My2Cents
"She wants to have children in the future. "

But, reserves the right to kill the child up until the birth, of course.
7 posted on 10/23/2003 12:28:22 PM PDT by At _War_With_Liberals (Hillary's book tour was a thermometer in the behinds of the Dim sheeple for a 2004 run.)
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To: NYer
Any abortion which meets the crietera of partial-birth performed after the President signs the bill will then be considered breaking the Law, as it will then stand.

This doctor's graphic descriptions of destroying life on a technicality really only stands to make dramatic and sensational affront to people of faith - I would take his comments as a double-edged sword slicing at the Church(es) and the majority in society who do not support his livlyhood as a merchant of death.

8 posted on 10/23/2003 12:29:15 PM PDT by Jumper
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To: NYer
I don't believe all abortions should be illegal I even I can see this guy's full of s%$#.
9 posted on 10/23/2003 12:29:20 PM PDT by Psycho_Bunny
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To: NYer
Excuse me while I go vomit my lunch. What a sicko. Who is having these abortions at 34 weeks, not to mention the numerous ones he is performing at 26 weeks??

Here are my thoughts. I actually don't support the ban on partial birth abortion. I think is wrong to ban a procedure, when that procedure may be the safest method of performing a medically necessary abortion.

My strong preference would be a total ban on all abortions after, say, 12 weeks. Unless there is a medical threat to the mother or some gruesome genetic defect that will cause the baby to die anyway. And I don't understand why ANY healthy baby is aborted after the point where it can be sustained in the NICU. We should never be aborting babies in one room that are the same gestation age as others being saved and sent to intensive care. That is so morally and ethically wrong.
10 posted on 10/23/2003 12:29:21 PM PDT by BamaDave
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To: NYer
Do you really believe a woman called this guy in advance of pregnancy to see if she could have an abortion in case she had a genetic defect in her child? I dont. I think he is a lying sack of doo-doo who is more worried about losing financially than murdering babies.
11 posted on 10/23/2003 12:33:15 PM PDT by sgtbono2002 (I aint wrong, I aint sorry , and I am probably going to do it again.)
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To: NYer
If this guy runs out of work, I hope he doesn't try to be a pediatrician.
12 posted on 10/23/2003 12:34:50 PM PDT by m1-lightning (Pay your taxes with stamps. Maybe they'll get the hint.)
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To: NYer
Earlier this year, I began an abortion on a young woman who was 17 weeks pregnant. Because of the two days of prior treatment, the amniotic membranes were visible and bulging. I ruptured the membranes and released the fluid to reduce the risk of amniotic fluid embolism. Then I inserted my forceps into the uterus and applied them to the head of the fetus, which was still alive, since fetal injection is not done at that stage of pregnancy. I closed the forceps, crushing the skull of the fetus, and withdrew the forceps. The fetus, now dead, slid out more or less intact. With the next pass of the forceps, I grasped the placenta, and it came out in one piece. Within a few seconds, I had completed my routine exploration of the uterus and sharp curettage.

Spoken about with all the passion of someone changing the oil in their automobile. This "doctor" has nothing even resembling a conscience.

13 posted on 10/23/2003 12:34:56 PM PDT by spodefly (This is my tagline. There are many like it, but this one is mine.)
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To: NYer
In my private practice, I perform many abortions as late as the 26th week of pregnancy, and some as late as the 34th week.

Week 26
26th Week

Week 34
34th Week

14 posted on 10/23/2003 12:35:39 PM PDT by mvpel
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To: NYer
If I didn't know better, I'd think this gruesome horror story was written by an abortion opponent lobbying to extend the ban to all late term abortions. Absolutely evil.
15 posted on 10/23/2003 12:36:22 PM PDT by big gray tabby
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To: sgtbono2002
She was also horrified by the images that she had seen and the terminology she had heard in the congressional debates.

I hardly doubt she was horrified by any images or terms, otherwise her conscience wouldn't allow her to want an abortion.

If this is really news to her then we need to send them all a message:

Wake up people, those aren't comic books the Senators were dicussing, those are real babies and real murders!.

16 posted on 10/23/2003 12:40:19 PM PDT by m1-lightning (Pay your taxes with stamps. Maybe they'll get the hint.)
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To: NYer
On the same day I got that call, I received a call from another woman who hoped to become pregnant but wanted to be reassured that, in spite of passage of the "partial-birth" ban, she would still be able to terminate the pregnancy if a serious genetic defect were discovered at, say, 20 weeks of pregnancy. Because of her history, she has an especially high risk of such a scenario.

There are thousands of children around the world waiting to be adopted, but she wants to resort to the ancient Roman method of killing the infant if it's not genetically sound and go through as many children as she needs to concieve in order to get one that's worthy of life. How interesting.

17 posted on 10/23/2003 12:40:34 PM PDT by mvpel
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To: NYer
It's hard to believe the writer of this is human. How sick.
18 posted on 10/23/2003 12:41:47 PM PDT by FourPeas
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To: NYer
I saw this earlier and wanted to upchuck. He reminds me of Hannibal Lechter.
19 posted on 10/23/2003 12:42:46 PM PDT by .cnI redruM (The September 11th attacks were clearly Clinton's most consequential legacy. - Rich Lowry)
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To: NYer
I saw this earlier and wanted to upchuck. He reminds me of Hannibal Lechter.
20 posted on 10/23/2003 12:42:47 PM PDT by .cnI redruM (The September 11th attacks were clearly Clinton's most consequential legacy. - Rich Lowry)
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