What is the “Unborn Child Protection from Dismemberment Abortion Act” and why do pro-abortionists so fear it?
Q: What is a dismemberment abortion?
A: “DISMEMBERMENT ABORTION”
means, with the purpose of causing the death of an unborn child,
purposely to dismember a living unborn child and extract him or her one
piece at a time from the uterus through use of clamps, grasping forceps,
tongs, scissors or similar instruments that, through the convergence of
two rigid levers, slice, crush, and /or grasp a portion of the unborn
child’s body to cut or rip it off. This definition does not include an
abortion which uses suction to dismember the body of the developing
unborn child by sucking fetal parts into a collection container.
Q: Aren’t dismemberment abortions rare?
A: NO. Dismemberment abortions
are a common and brutal type of D&E abortion which involves
dismembering a living unborn child piece by piece. According to the
National Abortion Federation Abortion Training Textbook – “D&E
remains the most prevalent method of second-trimester pregnancy
termination in the USA, accounting for 96% of all second trimester
abortions”.[1] There are approximately 1 million abortions performed
annually in this county. [2] Data from the CDC report published in
November 2014 indicates that almost 9% percent of abortions are
performed on these very developed babies. [3] These two numbers taken
together show that roughly 100,000 unborn babies die each year after the
first trimester.
A: NO. By three weeks and 1 day
following fertilization, the unborn child has a beating heart and is
making her own blood, often a different blood type than her mother’s. At
six weeks, she has brain waves, legs, arms, eyelids, toes, and
fingerprints. By eight weeks, every organ (kidneys, liver, brain, etc.)
is in place, and even teeth and fingernails have developed. The unborn
child can turn her head and even frown. She can kick, swim, and grasp
objects placed in her hand. [4] Dismemberment abortions occur after the
baby has met these milestones. Any unborn child aborted using the
Dismemberment Abortion procedure after 20 weeks would feel the pain of
being ripped apart during the abortion. [5]
Q: Isn’t this really just a routine abortion procedure?
A: NO. Dismemberment abortion is
the barbaric killing of a human being. The gruesome nature of
dismemberment abortions was described by the Supreme Court in Gonzales v. Carhart: “[F]riction causes the fetus to tear apart. For example, a leg might be ripped off the fetus . . . .”[6]
The author of the Gonzales opinion, Justice Anthony Kennedy, used an even more graphic description in his dissent in Stenberg v. Carhart, [9] stating, “The fetus, in many cases, dies just as a human adult or child would: It bleeds to death as it is torn limb from limb.”
Indeed, the Ginsberg dissent in Gonzales and Stenberg stated: [10]
Nonintact D&E could equally
be characterized as “brutal,” . .. , involving as it does “tear[ing] [a
fetus] apart” and “ripp[ing] off” its limbs, . . . [11] “[T]he notion
that either of these two equally gruesome procedures . . . is more akin
to infanticide than the other, or that the State furthers any legitimate
interest by banning one but not the other, is simply irrational.”[12]
Stevens, concurring with Ginsburg in Stenberg.
Q: Is “dismemberment” too harsh a description?
A: NO. Dismemberment abortion is
an accurate description of this brutal procedure. As Leroy Carhart, the
abortionist who challenged the partial-birth abortion ban, said in
testimony leading up to Stenberg v. Carhart, “…[W]hen you rupture the
membranes, an arm will spontaneously fall out through the vaginal
opening …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.”
When asked how he performed this “dismemberment,” he replied: “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, pulling down on it through the opening, using the internal
opening [of the uterus] as your counter-traction and rotating to
dismember the shoulder or the hip or whatever it would be.”Then he explains that “Sometimes you will get one leg and you can’t get the other leg out.” The attorney next asks: “In that situation, when you pull on the arm and remove it, is the fetus still alive?’” Carhart answers: “‘Yes.’” He adds: “‘I know that the fetus is alive during the process most of the time because I can see fetal heartbeat on the ultrasound.”
Justice Kennedy, widely considered the swing vote on abortion cases, has himself described the procedure in a simple and powerful way, when he wrote:
“The fetus, in many cases, dies
just as a human adult or child would: It bleeds to death as it is torn
from limb from limb. The fetus can be alive at the beginning of the
dismemberment process and can survive for a time while its limbs are
being torn off.” [13]
and …
“The doctor, often guided by
ultrasound, inserts grasping forceps through the woman’s cervix and into
the uterus to grab the fetus. The doctor grips a fetal part with the
forceps and pulls it back through the cervix and vagina, continuing to
pull even after meeting resistance from the cervix. The friction causes
the fetus to tear apart. For example, a leg might be ripped off the
fetus as it is pulled through the cervix and out of the woman. The
process of evacuating the fetus piece by piece continues until it has
been completely removed. A doctor may make 10 to 15 passes with the
forceps to evacuate the fetus in its entirety, though sometimes removal
is completed with fewer passes. Once the fetus has been evacuated, the
placenta and any remaining fetal material are suctioned or scraped out
of the uterus. The doctor examines the different parts to ensure the
entire fetal body has been removed.” [14]
A: NO. The violent and
dehumanizing nature of dismemberment abortion undermines the public’s
perception of the appropriate role of a physician and confuses the
medical, legal, and ethical duties of physicians to preserve and promote
life. There are many accounts, even by current abortionists, regarding
the brutal nature of the procedure. Dr. Warren Hern, a Boulder,
Colorado, abortionist who has performed numerous D&E abortions and
has written a textbook on abortion procedures, has stated “there is no
possibility of denial of an act of destruction by the operator [of a
D&E abortion]. It is before one’s eyes. The sensations of
dismemberment flow through the forceps like an electric current.”[15]
A: NO. Dismemberment abortions
are never medically necessary to preserve the life of a mother in acute
medical emergencies – dilation of the cervix alone can take at least 36
hours. Additionally, according to the National Abortion Federation
Abortion Training Textbook, dismemberment abortions are a preferred
method, in part, not because they are necessary, but because they are
cheaper than other available methods. [16]
Q: Isn’t this just another law that will be struck by the courts?
…that it is just another doomed attempt to reverse Roe v. Wade?
A: NO. The states enacting the
Unborn Child Protection from Dismemberment Abortion Act are not asking
the Supreme Court to overturn or replace the 1973 Roe v. Wade holding
that the state’s interest in unborn human life becomes “compelling” at
viability. Rather, the states are applying the interest the Court
recognized in the 2007 Gonzales case, that states have a separate and
independent compelling interest in fostering respect for life by
protecting the unborn child from death by dismemberment abortion.
Further, the state is recognizing their compelling interest in
protecting the integrity of the medical profession with passage of this
law.
A: NO. It is a sad truth that
some unborn babies start their lives having serious medical conditions.
These unborn children have disabilities – not unlike adults. For a
society that prides itself on welcoming people with disabilities (we cut
our curbs, make our public buildings and transportation accessible,
pass laws to protect the rights of the disabled), it should be
unacceptable to solve ‘disability’ by killing those who have the
‘disability’ before they are born. Surely we can do better.
Any diagnosis does not negate the fact that a child will feel pain
from the abortion procedure at 20 weeks post-fertilization, if not
earlier.Prenatal diagnoses can often be incorrect or inaccurate, unnecessarily putting pressure on a mother to procure an abortion when all she needs is more information and resources about the diagnosed disability, information about perinatal hospice or other services, or more time to see if the diagnosis is correct.
For those children with profound disabilities or conditions incompatible with life, perinatal hospice offers a positive alternative to the trauma of aborting a child. It honors and respects the dignity of the life of every human being. It offers the mother carrying a child with a diagnosed disability extensive counseling and birth preparation involving the combined efforts of Maternal Fetal Medicine specialists, OB/GYN doctors, neonatologists, anesthesia services, chaplains, pastors, social workers, labor and delivery nurses, and neonatal nurses.
Regardless of any diagnosis received, abortion is an irreversible decision that exacerbates the grieving process and deprives an unborn child of her right to life, which exists no matter what condition a child may have.
1 Paul, Maureen, et al., eds. Management of unintended and abnormal pregnancy: comprehensive abortion care. John Wiley & Sons, 2009 at p157.
2 Jones, R. K., & Jerman, J. (2014). Abortion incidence and service availability in the United States, 2011. Perspectives on sexual and reproductive health, 46(1), 3-14. https://guttmacher.org/pubs/journals/psrh.46e0414.pdf 3
3 Pazol, Karen, Creanga, Andreea, Burley, Kim Jamieson, Denise, and Centers for Disease Control and Prevention (CDC). “Abortion surveillance—United States, 2011.” MMWR Surveill Summ 63, no. 11 (2011): 1-41. http://www.cdc.gov/mmwr/preview/mmwrhtml/ss6311a1.htm?s_cid=ss6311a1_w 5
4 National Right to Life Education Trust Fund. The Basics. A compilation of recent and noteworthy information on the abortion issue. May 2006. Web. December 17 2014. http://www.nrlc.org/uploads/factsheets/FS02TheBasics.pdf
5 Doctors on Fetal Pain: The Basics. Web. December 18, 2014 http://www.doctorsonfetalpain.com/
6 Gonzales v. Carhart, 550 U.S. 135 (2007).
7 Id. at 137; see also 152.
8 Id. at 158.
9 Stenberg v. Carhart, 530 U.S. 914 (2000) (Kennedy, J., dissenting)
10 Gonzales, 550 U.S. at 182 (Ginsburg, J., dissenting).
11 Internal citations to majority opinion omitted.
12 Quoting Stenberg v. Carhart, 530 U.S. 914, 946-947 (2000)(Stevens, J., concurring).
13 Stenberg v. Carhart, 530 U.S. 914, 958 (U.S. 2000) (Kennedy, J., dissenting)
14 Gonzales v. Carhart, 550 U.S. 124, 136 (U.S. 2007)
15 Warren M. Hern, M.D., and Billie Corrigan, R.N., What About Us? Staff Reactions to the D & E Procedure, paper presented at the Annual Meeting of the Association of Planned Parenthood Physicians, San Diego, California, (October 26, 1978).
16 Paul, Maureen, et al., eds. Management of unintended and abnormal pregnancy: comprehensive abortion care. John Wiley & Sons, 2009 at p157-159.
Source: NRLC News
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