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Imagine a loved one facing a medical emergency. Where would you take her?
If the Bush administration has its way, and the person in your life facing
an emergency happens to be your pregnant daughter, sister, mother or wife, and
she needs an emergency abortion, you might end up racing to a courthouse to
find her a judge instead of racing to a hospital to find her a doctor.
On Monday, the administration weighed in on the question of women’s health
and abortion with a friend-of-the-court brief in Ayotte v. Planned Parenthood
of Northern New England . The case centers on a 2003 New Hampshire law that
prevents doctors from performing an abortion for a young woman under the age
of 18 until 48 hours after a parent has been notified. Contrary to Supreme Court
precedent, the law contains no exception for circumstances in which the delay
would seriously threaten a young woman’s health. Two lower courts struck
down this law precisely because of this omission.
Enter the Bush administration. At a pivotal moment in the Supreme Court’s
history, the solicitor general intervenes with a call to unravel years of legal
protection for women’s health. A decision in Ayotte could reach far beyond
harm to teens in New Hampshire. A ruling by the Supreme Court in this case could
significantly change the legal landscape for all abortion restrictions, leaving
lawmakers free to enact laws that disregard women’s health, and leaving
women and their doctors few avenues to block these laws before they cause real
damage.
For example, a pregnant woman who develops an infection in the uterus is at
risk of serious complications, including future infertility. If left untreated,
the infection can spread throughout the body and severely endanger her health.
Under the existing legal framework, women and their doctors can stop laws like
New Hampshire’s from taking effect before they face an emergency and any
harm is done. This is the world we have lived in for the past three decades.
In its brief, the government poses a different approach. It acknowledges the
possibility that pregnant women may face health-threatening emergencies for
which they need abortions. Yet the government would have these women find a
judge to waive a waiting period requirement or other abortion restriction before
they can get the medical care they need.
Women in medical emergencies forced to seek out judges instead of doctors:
Does this sound like an administration that values women’s health and
lives? Is this the kind of world you want your daughters, sisters, mothers or
wives to live in?
Although this case may not result in a ruling that reads “Roe overturned,”
it may signal the day when Roe has been so eviscerated that even women facing
serious medical emergencies will be forced to put their care on hold while they
try to find a judge who will be sympathetic to their plight. Come November,
the Supreme Court will have to consider the degree to which the law must protect
women’s health. Let’s hope that the justices understand that preserving
women’s fundamental right to access medical care is nonnegotiable.