Showing posts with label 20 weeks. Show all posts
Showing posts with label 20 weeks. Show all posts

Thursday, May 28, 2015

The House Acts to Save a Small Number of Fetal Humans

The House of Representatives recently held a vote on the persistent and contentious abortion issue. At issue was a piece of legislation known as the Pain-Capable Unborn Child Protection Act (“PCUCPA”) of 2015. If the bill passed by the House were to become law, it would prohibit abortions after 20 weeks gestation in almost all cases. The House finally got around to holding the vote after a stumble on the issue back at the start of the new Congress, in January.

The bill rests on the House’s factual conclusion that fetal humans – as a matter of their biology, their physiological development, not only respond to sensation, but experience sensation as pain. The medical community continues to debate the exact point in time when sensation becomes pain. The House, relying on its investigation of the science, concluded that by twenty weeks gestation, the fetal human experiences pain. Based on that conclusion, with the exception of certain pregnancies (rape, incest, life of the mother endangered), the House approved an Act that prohibits all abortions after twenty weeks gestation.

Of course, “many's the slip betwixt cup and lip.”

First, substantial doubt exists that the Senate would pass the bill.

To do so, the Republican Leadership would have to have the stomach for a legislative engagement on principles key to the base of the Republican Party base. Thus far, there is no evidence that McConnell & Co. possess the will to do so. Even if the Republican Senate Leadership considered the bill, before it could be brought for a vote, any filibuster by Democrats or the left-side Republicans would have to be overcome. Again, the fix for a filibuster is simple, as Democratic Leader Harry Reid showed when, as Senate Leader, he accomplished the destruction of the filibuster as a tool to prevent votes on judicial nominees of Barack Obama. But we can engage in infantile fantasies and pretend that McConnell might have a testicular transplant from Reid, end legislative filibusters and bring the PCUCPA to a vote, doubt still would persist that a majority of the Senate could be garnered to pass the bill.

Second, even if Congress approved the bill and sent it to the President for signature, no doubt exists that Barack Obama would veto the bill. Obama’s record of support for unrestricted abortion is clear, going back to his service in the Illinois Senate where he fought to prevent that body from adopting a law that would have imposed on doctors a duty to provide care to children born alive following a failed abortion. His now-famous blessing of Planned Parenthood while President, his admission that he views pregnancies as mistakes and that he would not want his daughters to be punished by being compelled to carry an accidental pregnancy to term, these things all make the Oval Office obstacle clear and certain.

Following House passage, the foregoing reality, that the PCUCPA has little likelihood of ever passing the Senate, and no likelihood of avoiding a presidential veto, did not keep the Chicken Little Squad of the Abortion Party on the sidelines. Rather, as predictable as ever, they sprang into full hysteria mode:


Their hysterics belie the certainty known to each of these panic-peddlers: the PCUCPA will never become law, not while the Senate's Republican majority is so slim.

Mind you, Republicans hold a governing majority in the Senate. Yet, the Republicans continue to enforce the Senate Rule on Cloture, and the historical practice of the filibuster. They adhere to the historical practice of the filibuster despite the precedent set by Senate Democrats when they held the majority. Then, impatience over judicial holds and the pace of confirmation votes by the Senate led Senate Majority Leader to abandon the Senate's historical practice of the filibuster in the cases of consideration of executive and judicial nominations.

Now, the Republicans have the Senate, and Mitch McConnell has the Republicans. But McConnell continues obeying the tattered, torn and Harry Reid-scorned Filibuster and Cloture Rule. Even if the Senate Republican Leadership ends the filibuster and brings the Act to a vote, even if the Senate passes the House’s bill, it would not become law. Barack Obama is president, and he is, by record, the most pro-abortion president in our history.

Still, panic-peddling works has its value. It demonstrates the peddlers' commitment to a core progressive issue, and it serves the fund-raising purposes of abortion partisan groups.

Wednesday, May 27, 2015

The Problem of Pain: Does Anyone Care Whether Fetal Humans Experience the Pain of Their Extermination?

From time to time, a matter of gravity requires fuller treatment than Twitter allows, requires more thought than brief and witty posts permit.

I've been thinking about the recent passage by the United States House of Representatives of House Bill 1719, The Pain Capable Unborn Child Protection Act of 2015. The Act prohibits most abortions that occur after 20 weeks gestation, and does so because of the conclusion expressed in the bill that fetal children not only experience "sensation" but feel pain. I think the case for prohibiting abortion stands without reference to the experience of pain, based on the indisputable human condition of fetal children. Yet, who can doubt that most, if not all, will find a particular cruelty in the savagery of late term abortions inflicted without consideration of the experience of pain in dying?

So I have spent some time considering HB 1719, and written what my good friend Lou called a "mega-blog."

Because this particular posting is extensive, I've broken it down into digestible portions. While the blog made sense as an assembled whole, it did require a certain level of commitment to complete it. In parts, the segments each present a set of complete considerations relevant to the whole. I hope that you find it of value.

Here are links to the separate posts. I offer them in what seems to me to be the correct rhetorical order:

The House Acts to Save a Small Number of Fetal Humans. This post introduces the disputed bill and reports on its passage. It also notes the panic peddling of abortion hawkers amongst the Democratic Party and leadership.

Naked Political Ploy to Expose Abortion Extremism? In politics, the accusation is frequently made that some bill or another was only offered cynically, for some purpose unrelated to the topic of the bill. Was the Pain-Capable Unborn Child Protection Act a naked political ploy? Or are those who refuse even the most meager measures the naked ones?

The House Concludes: Unborn Children Experience Pain Here, we get to the heart of the matter. Fetal humans are biologically alive. Medical treatment of fetal humans, and physiological research on human development shows that at least by the end of the 20th week gestation, an unborn child not only experiences sensation, but that sensation can be experienced as pain. Not that the evidence is undisputed, but the evidence is there, and just how does humanity ignore inhumanity?

Missteps or Next Steps:  Is this Federal Statute the Answer Abortion has been a prohibited, criminal act for many times longer than its present status as a blessed legal sacrament of American progressivism. With the certainty that the late term fetal human is forced to endure the pain of her own death, is the Pain Capable Unborn Child Protection Act the answer?

"Personhood," That is, Status as a Person in the Sense that "Person" is Used in the Constitution, Should be Resolved by the Constitution Our history as a people should teach us this: the surest bulwark against government denial of human personhood is to enshrine the status of fetal humans in the Constitution by Amendment. The history shows the way.

Lesser Solution: Well-meant Window Dressing? Finally, there are real problems with the proposal, particular for those that would hold fidelity to a written, fixed in meaning, Constitution. Just because we can get away with a naked grab of power in the Legislative Branch does not justify doing so. We don't fix things by breaking things more.