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Posts Tagged ‘U.S. Justice Anthony Kennedy’

Unborn child. 16 wks

Unborn child. 16 wks

Kansas is days away from a House vote on Senate Bill 95, the Unborn Child Protection from Dismemberment Abortion Act. The bill has already passed the Kansas Senate, 31-9, where pro-abortion senators refused to discuss the particulars of the abortion method (see here) which kills a baby by tearing her apart, limb from limb.

Looking ahead to see how the law might fare at the highest court, of great relevance to SB 95 are the two U.S. Supreme Court partial-birth abortion rulingsStenberg v Carhart (2000) and Gonzales v Carhart (2007).

Stenberg struck down Nebraska’s partial-birth abortion ban. Gonzales upheld the federal partial-birth abortion ban. Justice Anthony Kennedy was on the losing side in 2000 and the winning side in 2007.

In both cases, Justice Kennedy consistently blasted avoidance of describing what was actually occurring during both partial-birth and D&E /dismemberment abortions. Writing for the dissent in Stenberg, Kennedy asserted it was

necessary at the outset to set forth what may happen during an abortion… citizens [should examine] these grave and serious issues, as they must if we are to progress in knowledge and understanding and in the attainment of some degree of consensus.”

Kennedy faulted the Stenberg majority for exalting abortionists’ preferences and omitting

“the perspective of a society shocked when confronted with a new method of ending human life… The State’s constitutional authority is a vital means for citizens to address these grave and serious issues.

Kennedy also exposed the gruesome details of the D&E/ dismemberment method in his Stenberg dissent:

“As described by Dr. Carhart, the D&E procedure requires the abortionist to use instruments to grasp a portion (such as a foot or hand) of a developed and living fetus and drag the grasped portion out of the uterus into the vagina. Dr. Carhart uses the traction created by the opening between the uterus and vagina to dismember the fetus, tearing the grasped portion away from the remainder of the body…. [until the unborn baby] ‘bleeds to death as it is torn limb from limb… In Dr. Carhart’s words, the abortionist is left with ‘a tray full of pieces.’” 

Abortionist Carhart, retains a Kansas medical license

Abortionist Carhart, retains a Kansas medical license

It is precisely this inhumane D&E/ dismemberment method which Kansas wants banned with SB 95.

Seven years later, writing for the majority Gonzales opinion that upheld the federal partial-birth abortion ban, Justice Kennedy penned,

[abortionists] acknowledged that they do not describe to their patients what [the D&E and partial-birth] procedures entail in clear and precise terms’) …[yet] “it is precisely the way in which the fetus will be killed that is of legitimate concern to the State.”

While the Court called abortion details important for public consideration, long-time abortion promoters David Grimes and Carol Joffe praised the suppression of that information Feb. 19 (see here). They wrote

“D&E shifts the emotional burden of the procedure from the woman to the physician, and that is entirely appropriate. One of our most important roles as physicians is to ease suffering, both physical and emotional. The specifics of abortion methods can be unpleasant…”

This is a stunning rebuke of the “choice” slogan! It praises a paternalistic denial of facts as “appropriate” for women considering D&E/ dismemberment abortion—something physicians wouldn’t dare do with patients facing other invasive medical procedures.

SHOCK FOR POST-ABORTIVE WOMEN
Hiding what happens in abortion is harmful to public policy-making. But also consider how shocking and profoundly disturbing the truth would be for women who have already obtained a D&E/ dismemberment abortion—no matter how long ago. It is likely the case that most of these women are only now learning what a horrible, painful death was inflicted on their unborn child!

Modern science makes that realization more palpable and more undeniable. Ultrasound technology and fetal medicine confirm how very developed is the unborn child in the second trimester– which is the age when many D&E/ dismemberment abortions are obtained. Excerpts (see here) from the Kansas Health Department “Woman’s Right to Know” handbook  explain:

Unborn child, 20 weeks

Unborn child, 20 weeks

At 14 weeks, the unborn child now produces a wide variety of hormones. Also, the arms reach final proportion to body size.
By 15 weeks, the entire unborn child, except for parts of the scalp, responds to light touch, and tooth development is
underway.
By 18 weeks, the unborn child will release stress hormones in response to
being poked with a needle.
By 20 weeks,
the larynx, or voice box, moves in a way similar to movement seen during crying after birth.

Did women know these gestational development facts before assenting to a D&E/ dismemberment abortion? Unlikely–since abortionists themselves have admitted in federal trials that they hid the gruesome details of the procedure, and current abortion supporters approve of that suppression.

When it comes to exposing that the action of D&E/ dismemberment abortion is to rip limbs and tear organs from living, unborn children, Justice Kennedy was correct to claim (in Gonzales) that “D&E is a procedure itself laden with the power to devalue human life.”

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Justice Kennedy said in a D&E abortion, the unborn dies as an adult would, bleeding to death.

Justice Kennedy said that in the D&E abortion method  the unborn child torn limb from limb bleeds to death  as an adult would

The new campaign to end dismemberment abortion shares many instructive parallels with the campaign to end partial-birth abortion.

A good portion of the public at first refused to believe such an unthinkable procedure as partial-birth abortions really existed. Abortion supporters even tried to claim partial-birth abortions were merely a figment of the pro-life movement’s imagination.

But written documentation affirmed that partial-birth abortion was a commonly employed method in which –shockingly–an unborn child  was delivered alive feet-first except for the head, and then held in that position while the abortionist punctured the skull — killing the child — after which the abortionist suctioned out the child’s brains.

That technique was a perversion of a textbook method for breech delivery, adapted as an abortion method by Dr. James McMahon, who called it “intact D&E,” to differentiate it from the standard “D&E” (Dilation and Evacuation), in which the unborn child is dismembered inside the womb and taken out piece by piece.  The method was later made more widely known by Ohio abortionist Dr. Martin Haskell, who coined his own term for it — “dilation and extraction,” or “D&X.”

The D&E/dismemberment method of aborting a living child is the subject of new legislation in Kansas, Oklahoma and Missouri, and the mainstream media is nearly apoplectic about how to write about dismemberment, much less use the word in a headline. In many cases they are just not covering the story.

This matches what happened for stories about partial-birth abortion, or rather –“so-called” partial-birth abortion–as the mainstream media continues to call it, despite the fact that federal legislation, and that of most states, actually use and legally define the term “partial-birth abortion” in statute.

GRISLY DEEDS
In the reports of initial legislative hearings about D&E/ dismemberment bills, pro-lifers are accused of using “grisly terms” when we describe how D&E/dismemberment abortionists tear the limbs and shred the body parts of the unborn child. However, it is the deeds that are grisly, not the descriptions.

The abortionists themselves have detailed the brutal acts in court, including abortionist LeRoy Carhart, the litigant in the 2000 U.S. Supreme Court case of Stenberg v. Carhart.

Carhart testified under oath,

“‘My normal course would be to dismember that appendage and then go back and try to take the fetus out whether foot or skull first, whatever end I can get to first… Just pulling and rotation, grasping the portion that you can get hold of which would be usually somewhere up the shaft of the exposed portion of the fetus …”

The further question was asked, “In that situation, when you pull on the arm and remove it, is the fetus still alive?”

Carhart answered, “‘Yes.’ …I know that the fetus is alive during the process most of the time because I can see fetal heartbeat on the ultrasound.”

And in the words of U.S. Supreme Court Justice Anthony Kennedy, in a dismemberment abortion, these unborn children torn limb from limb, “bleed to death as an adult would.” This kind of clear language is imperative.

Yet clear, descriptive language is what the media doesn’t want to print. They want to call D&E/dismemberment abortions ‘the standard procedure used in 8% of abortions’—without mentioning the torn-apart child!

The media should heed Kennedy’s warning in Stenberg:“…for citizens who seek to know why laws on this subject have been enacted across the Nation, the [technical] words are insufficient. Repeated references to sources understandable only to a trained physician may obscure matters for persons not trained in medical terminology. Thus it seems necessary at the outset to set forth what may happen during an abortion.”

Yes, clarity is needed. Also, a focus on the child.

In the 2004 case where abortionists sued to keep partial-birth abortions legal, U.S. Federal District Judge Richard Casey in New York attempted to get abortionists to tell whether they thought the unborn child felt pain.  Not surprisingly, their answers were disingenuous about pain.

Casey asked one abortionist whether the mothers knew about the violence of D&E abortions, including crushed skulls.

“Don’t you think since they’re giving authorization to you to do this act that they should know precisely what you’re going to do? The abortionist answered,“ No, sir, I don’t.”

Clearly, that abortionist does not think the mother should know how her unborn child is brutally ripped apart while she is under anesthesia.

It is also unlikely that the abortionist wants to spend much time staring at each shredded and bloody piece of the baby’s body that has to be reassembled to check if any part was left in the mother. But that gruesome contemplation is part of the procedure.

The abortion lobby and the mainstream media don’t want the public to think about these horrible truths.

But the American public does need to know —and then they will rise up in outrage to end dismemberment abortions, just as they rose up against partial-birth abortions.

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