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<b>Is there a medical doctor in the house???</b><b></b>
<p>Tom
<p>Doug Henwood wrote:
<blockquote TYPE=CITE>X-From_: kpollitt@thenation.com Mon Nov
6 15:10:01 2000
<br>Date: Mon, 06 Nov 2000 15:07:19 +0000
<br>From: Katha Pollitt <kpollitt@thenation.com>
<br>MIME-Version: 1.0
<br>To: dhenwood@panix.com
<br>Subject: could you post?
<p>Hi Justin, actually I knew this, and had said this in a much ,longer
<br>version of the post I sent the list which I cut because it was too
long.
<br>Casey was where the rot set in. But I think the dissenters in
Carhart
<br>wanted to go a step further. they wanted to say: even if your
health
<br>will de damaged, you can't have this procedure. the point about
undue
<br>burden was that they were supposed to be undue -- not determinative
of
<br>whether you could have a procedure or not. Just something you had to
go
<br>through on the way to make you "think' or "be sure" or "have all the
<br>facts." I believe Casey left the door open for pro-0choicers
to
<br>demonstrate that particular burdens were in fact preventing women from
<br>getting abortions. (as they are) But all attempts to make this
case
<br>have fallen on deaf ears. Sandra Day O'connor in particular never met
a
<br>burden she didn't like.
<br> Thing about kennedy is -- there is no way of performing
a second or
<br>third trimester abortion that cannot be made to look gruesome. If he
<br>thinks "partial birth" is infanticide, why not the alternatives --
<br>poisoning that same fetus in the womb, or cutting it up into pieces.
<br>today it may seem to him like the crucial element is that in p-b the
<br>fetus is partially outside the womb. tomorrow, that may seem
just a
<br>detail.
<br> of course nobody knows what kennedy would do in a case
that offered
<br>the opportunity to overturn roe. But you should be able to understand
<br>why not everyone feels as comfy as you, or thinks voting for Nader
is
<br>worth the risk of finding out.
<br> you know, every time a naderite scoffs at the danger to
abortion or SC
<br>generally from Bush I feel my pro-nader feelings slipping away. It's
not
<br>a winning strategy.
<p>katha
<p>> >Katha,
<br>> >
<br>> >Wake up! The Roe trimester framework is dead, killed by Casey,
and
<br>> >replaced with the undue burden standard. Roe is not the law
as far
<br>> >as trimesters goes. Really, abortion rights activists should
know
<br>> >this.
<br>> >
<br>> >--Justin Schwartz (a lawyer)
<br>> >
<br>> >Katah Pollit says.
<br>> >
<br>> >Second, the
<br>> >>bans
<br>> >>clearly DO violate Roe, by permitting the criminalization
of a procedure
<br>> >>performed during the second trimester, when such bans are
explicitly
<br>> >>forbidden by Roe, and by disregarding women's health which
Roe
<br>> >>explicitly says must come first at EVERY STAGE of pregnancy.
file
<br>> >>>at
<br>> >>> <a href="http://profiles.msn.com">http://profiles.msn.com</a>.
<br>> >>
<br>> >
<br>> >_________________________________________________________________________
<br>> >Get Your Private, Free E-mail from MSN Hotmail at <a href="http://www.hotmail.com">http://www.hotmail.com</a>.
<br>> >
<br>> >Share information about yourself, create your own public profile
at
<br>> ><a href="http://profiles.msn.com">http://profiles.msn.com</a>.</blockquote>
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