Saturday, March 13, 2010

Sorry, folks, but this is pointless posturing

Georgia Considers Outlawing Abortions Based on Race, Gender

Are health care providers using abortion to curb the growth of the U.S. black population?

That question will be at heart of a debate among Georgia lawmakers, who are poised to take up a controversial bill that would outlaw abortions prompted by the baby's race or gender.

Exactly how would you prove that the abortion was being chosen based on the baby's race? Usually it's the same as the mother's race. So except in rare instances where the woman gave, as her reason for abortion, "This baby will be biracial and I don't want that," where would you go with it?

What is needed is a ban on the easily provable practice of abortion based on a baby's disability. Some practitioners even advertise openly that their goal is to target disabled babies. The discrimination there is pretty easy to prove. Mom gets back amnio results. Diagnosis: Down syndrome. Phone call to Dr. Pedergraft. A clear case of discrimination. The mother would not consider killing the baby were he "normal", and is only targeting him based on disability status.

THAT would be a bill you could enact and ENFORCE. Whereas who do you prosecute for targeting babies because they're Black? I guess you'd have to prove that Acme Reproductive Services did 70% of their abortions on Black patients, when their catchment area is only 50% Black. Good luck proving animus there.


OperationCounterstrike said...

Both these ideas--banning abortion based on race, gender, AND banning it based on disability--are likely unconstitutional under Roe/Wade.

Christina Dunigan said...

Roe is a piece of shit decision that will go down with Dred Scott as a collective SCOTUS brain fart. And that's being charitable.

The SCOTUS has no more business declaring open season on a group of human beings than Lilburn Boggs did.

Katie said...

Roe V Wade is a joke and is itself a completely unconstitutional piece of shit.

OperationCounterstrike said...

So much bad language!

My bet: Roe will be replaced by FOCA.

Remember, Obama will replace the liberal justices (Stevens, Ginsburg) BUT he will probably also get to replace Long Dong Silver, who is looking more and more silver. He can't last much longer.

Obama may well also get to replace Scalia, who is getting a bit long in the tooth, as they say.

For these reasons, Roe is unlikely to go unless it gets replaced by FOCA.

But even if Roe goes, it will get replaced by something. Americans will never tolerate the prospect of someone they know, a normal woman, being forced to grow and deliver a pregnancy she prefers to abort.

Americans are squeamish about abortion but they have a libertarian streak.