New York's Reproductive Health Act is Dumb

[Posted by Ted H]

Wow, it has been forever and a day since I last posted. Haven't pounded out anything worthy as of late, so instead of leaving this place to die a slow malnourished death, I figure I'd put up this little essay I wrote back in January about the recent (at the time) law they just passed in New York regarding abortion...

Imagine this in the same vein as my "[blank] of the Dead" deconstructions.

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[New York's Reproductive Health Act is Dumb]

Time to educate the ignorant masses about the abortion law NYS just passed. Yes, it's time for another episode of "The Intellectual High Ground" with me, Ted!

Today, we return to the Reproductive Health Act that New York recently passed and we'll debunk the more prevalent defense that people have been using as a shield to the counter argument that this law is unnecessary. We're also going to actually look at what exactly the law states will happen. I won't be reading opinion pieces on this law-I'm actually reading the law as written and analyzing it. I will stray away from my own opinions as much as I can and only go for cold, hard facts as only a Conservative can give it. Some of you may want to dismiss me as you hold your hands over your ears and run for your echo chambers, but for the rest of you looking to actually learn something today, please consider this one of those "Bitter pills to swallow" situations.

Anyway, on with the show...

The paraphrased argument in favor of this law is: This only applies to when the fetus isn't viable or the mother's life is at risk after the 24th week.

Let's break this up a little. We'll start with the viable fetus argument. This part will be short. When a fetus isn't viable at the 25 week mark, an abortion usually isn't recommended because it would be safer to remove it as a birth instead. Healthcare providers tend to advise to what is best for the health of their patient as opposed to whatever their moral or political leanings are. They went to medical school; So when they advise you to deliver that non-viable baby as opposed to aborting it, there's a good reason for it.

Enough of the appetizer though...

The other part of the argument is that the new law protects the life of the mother now. This argument implies that before this law, when week 25 begins, everything goes on lockdown. If your life is in danger, too bad, you'll have to die. Is this true? Let's find out. Glossing over the fact that even the Catholic Church supports an abortion if the pregnancy threatens the mother's life, there is no law where a mother is forced to go through a life threatening pregnancy.

The following law was in effect before the Reproductive Health Act was passed:

[NEW YORK STATE PENAL LAW, SECTION 125.05, SUBDIVISION 3:
"Justifiable Abortion Act"
An abortional act is justifiable when committed upon a female with her consent by a duly licensed physician acting (a) under a reasonable belief that such is necessary to preserve her life, or, (b) within twenty-four weeks from the commencement of her pregnancy. A pregnant female`s commission of an abortional act upon herself is justifiable when she acts upon the advice of a duly licensed physician (1) that such act is necessary to preserve her life, or, (2) within twenty-four weeks from the commencement of her pregnancy. The submission by a female to an abortional act is justifiable when she believes that it is being committed by a duly licensed physician, acting under a reasonable belief that such act is necessary to preserve her life, or, within twenty-four weeks from the commencement of her pregnancy.]

I've often times argued that the language of a law is key. In the case of the law above, there are 2 instances of which an abortion is kosher: either within the first 24 weeks OR if the life of the mother is in danger.

OR, not AND.

That word in there is important. There is a BIG difference. There is no time frame defined on the part that states a life saving abortion is ok, meaning that is has ALWAYS been the law in NYS that you can get an abortion at any time up until the point of birth if it meant saving your life. The Reproductive Health Act does not change this. It suddenly didn't make it legal to save a mother's life. But this law is moot though, because the new law repeals Section 125.05 Subdivision 3.

Why?

They needed to add two words to it. Here is what the new law states:

[§ 2599-BB. ABORTION. 1. A HEALTH CARE PRACTITIONER LICENSED, CERTI- FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-IN HIS OR HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM AN ABORTION WHEN, ACCORDING TO THE PRACTITIONER'S REASONABLE AND GOOD FAITH PROFESSIONAL JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS WITHIN TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY, OR THERE IS AN ABSENCE OF FETAL VIABILITY, OR THE ABORTION IS NECESSARY TO PROTECT THE PATIENT'S LIFE OR HEALTH.]

The last part is the important part. It seems almost like a word for word repeat of 125.05 subsection 3 except for the 2 words that end this new law. "Or health" What does that mean? It doesn't mean life threatening because "protect the patient's life" was already explicitly stated prior to the "or health" addition.

This new law didn't suddenly allow abortions for life saving situations, it actually expanded the situations beyond life saving situations to where you can get an abortion...all the way up to point of birth.

The new law also repeals Sections 125.40,.45, .50, .55 and .60 which decriminalizes ANY act that leads to an abortion. Yes, this protects doctors who perform a post-week 24 abortion, but it now also protects anyone who causes an abortion in any capacity. Because unlike 125.05 which got a re-write, those other repeals weren't replaced with anything. It just means that there is no penalty for anything that takes the life of an unborn child.

So that 2-7 years prison sentence a domestic abuser would get from causing his woman to lose her post week 24 child (a class D felony) is no longer an option. Yes, he still gets convicted on other abuse or assault charges, but this isn't the NFL where only the worst penalty on a play gets enforced. The additional 2-7 years vanish. A reduced sentence if you will.

Something else gets repeals with this new law:

[Section 4164 of the New York Public Health Law
"Induced Viable Births"
1. When an abortion is to be performed after the twelfth week of pregnancy it shall be performed only in a hospital and only on an in-patient basis. When an abortion is to be performed after the twentieth week of pregnancy, a physician other than the physician performing the abortion shall be in attendance to take control of and to provide immediate medical care for any live birth that is the result of the abortion. The commissioner of health is authorized to promulgate rules and regulations to insure the health and safety of the mother and the viable child, in such instances.
2. Such child shall be accorded immediate legal protection under the laws of the state of New York, including but not limited to applicable provisions of the social services law, article five of the civil rights law and the penal law.
3. The medical records of all life-sustaining efforts put forth for such a live aborted birth, their failure or success, shall be kept by attending physician. All other vital statistics requirements in the public health law shall be complied with in regard to such aborted child.
4. In the event of the subsequent death of the aborted child, the disposal of the dead body shall be in accordance with the requirements of this chapter.]

That law was repealed. Not replaced or amended. Repealed. In addition to the broadening of who exactly can advise and perform an abortion, NYS has simply loosened the quality standards for abortion in general.

So, in closing...

The Reproductive Health Act does nothing to protect the lives of women that previous laws were not already doing.

All it does is expand the situations and time frame is which women can get an abortion. That time frame being literally any point they want in the pregnancy, and the situation can be literally anything they feel like. "Health of the mother" can be a very, very broadly defined and liberally applied situation.

Thank you for your time. If you have a pure emotional and factually baseless complaint, the line starts to my left.

Everyone else, have a great day!