Let's Be Clear About Third Trimester Abortion

As a longtime women’s health educator and advocate, I was apoplectic when I read a recent commentary in my local newspaper by a “chaplain serving an elderly population” who is also “treasurer of the Republican Party” in my state and a “county party chair.”

The op.ed. proffered so many spurious and false assertions, often stated by others with far-right political views, that my hair was nearly on fire. Given where we are in this country regarding abortion, I felt compelled to address one of the egregiously uninformed views of the author, which I did in a Letter to the Editor.  It seems to me now important to share what I wrote for a wider audience, in the hope of reaching others inclined to make uninformed claims about a vital issue that affects so many lives and the culture in which we live. 

This is the claim that blew me away. It relates to a bill in my state proposing a law like ones in some other states protecting a woman’s right to abortion moving forward. “The bill goes far beyond Roe [v. Wade], guaranteeing unrestricted abortion through all nine months of pregnancy…” the author wrote. It’s a misleading claim that calls for revisiting the facts regarding the inaccurate use of the term “late term abortion.”

The first thing to note here is that abortion after fetal viability is a rare occurrence and usually involves a medical crisis. According to the US Centers for Disease Control and Prevention, abortions after 21 weeks make up less than 1.3% of all abortions in the United States. Abortions that occur beyond 24 weeks make up less than 1% of all procedures. Exceptionally rare cases that happen after 24 weeks are often because a fetus has a condition that cannot be treated and and that renders the fetus unable to survive, regardless of gestational age or trimester.

Secondly, the 14th amendment of the Constitution, which guarantees due process and equal protection under the law, was vital to the 1973 Supreme Court decision in Roe v. Wade. The 14th amendment also protects the right to privacy and the Court held that a woman's right to an abortion fell within that statute. By a 7–2 majority the Court ruled that unduly restrictive state regulation of abortion is unconstitutional. Importantly, the Court also determined the point of fetal viability as the “capability of meaningful life outside the mother's womb,” hence the 24- week marker. The Court’s decision gave women a right to abortion during the entirety of the pregnancy, however, while defining different levels of state interest for regulating abortion in the second and third trimesters.

It’s important to know that, as the Guttmacher Institute points out, if a physician determines that the child is “non-viable” and/or the abortion is necessary for the physical or mental health of the mother, a woman can have an abortion from the moment of conception until the child’s birth. State laws restricting third trimester abortions are unconstitutional under the precedent of Doe v. Bolton, a case in which the Supreme Court overturned a Georgia law. (Numerous states have laws that ban or restrict abortions in the third trimester. Because these statutes remain in place or haven’t been contested in federal court, they may imply that they are allowed by federal law. But because federal law trumps state law, no restrictions can be enacted that do not also allow the doctor to determine if abortion is necessary for the health of the mother.)

Here’s another fact: Overturning Roe and Doe won’t end all third-trimester abortions. When the Supreme Court throws the abortion issue back to individual states, third-trimester abortions will still be protected in states that reiterate prior standards for “viability” or “health.”

But here’s the most important thing for everyone to know. No woman decides to have an abortion after 24 weeks recklessly or without a great deal of anguish. Perhaps she does it because of a serious illness she has, like decompensating heart disease. Maybe her baby has a delayed diagnosis of anencephaly, which means the fetus forms without a complete brain or skull. There are a multitude of medical crises that can precipitate a third trimester abortion. But the decision is never taken lightly. In most cases, there is deep grieving and a profound sense of loss, brought about because of medical necessity and the wish that a much loved and wanted baby not suffer.

That’s why people like the man who wrote the troubling commentary – claiming that he “doesn’t oppose or seek to diminish women’s rights” and that he “supports [women’s] right to their own body and right to choose” -- people who misunderstand not just the right to abortion but the reasons women choose it, at any stage of pregnancy, must move beyond facile arguments, misstatements of fact, and feeble justifications. They must somehow begin to recognize that for many women, the choices they face are devastating and immensely complicated.  

Most urgently, they must find it in themselves to be compassionate and to resist judging those whose experiences and viewpoints differ from theirs. 

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Elayne Clift writes about women, health, politics, and social issues from Saxtons River, Vt. www.elayne-clift.com

 

Big Brother is Alive, Well and Living in Silicon Valley

 

Leaving aside Donald Trump’s paranoid delusions about social media companies’ biases against him, there are increasingly troubling signs of massive control from industry giants. I realized this when I received a chilling document from Facebook after donating to a charity on Paypal via Facebook.

The five-page document, “Facebook Data Policy,” was shocking, even though I know there is no privacy in the Internet Age. Here is some of what I learned.  Facebook collects copious, varied information about users, “including created and shared content, and messages or communication with others.” Its systems “automatically process content and communications [users] provide to analyze context and what’s in them.”

This is done for many reasons, none of them worry-free. For example, information is collected about “the people, pages, accounts, hashtags and groups” we connect to and how we interact with them across all Facebook “Products,” like Instagram and What’s App.  Facebook knows who we communicate with, when and for how long, what groups we belong to, the content we view, react to, and share, the actions we take. And that’s just for starters.

They collect information about our purchases and financial transactions, what kind of credit or debit card we used, and our contact details. They also “analyze content, communication and information that other people provide [about us] when they use Facebook products.”

Facebook, we are told, “collects information from and about the computers, phones, connected TVs and other web-connected devices you use that integrate with our Products, and we combine this information across different devices you use…to better personalize content, including ads.”

Those are excerpts from page one. Subsequent pages include information about everything from “device attributes and operations” that relate to consumer behavior, “Identifiers” (like “accounts you use”) or access to GPS location, camera and photos. Advertisers, app developers and publishers can send Facebook information about us, and can in turn “provide information about your activities off Facebook, like websites you visit, purchases you make, and ads you see.”

We are warned to consider carefully with whom we share information “because people can see your activity … and can choose to share it with others … including people and businesses outside the audience you share with. … People can share a photo of you in a story, mention or tag you at a location in a post, or share information about you in their posts and messages.” Information is shared “globally and externally” and information “may be transferred or transmitted to, or stored and processed in the U.S. or other countries.” Data is stored until “it is no longer necessary.”

If you haven’t yet read the novel “The Circle” by Dave Eggers, now would be a good time to grab it.  Like “1984” and “The Handmaid’s Tale” it is a frighteningly prescient story of a mega-firm like Facebook that seems wonderful until its sinister control of everyone is no longer stoppable.

A guy named Alistair Mactaggart in California took on Silicon Valley after becoming alarmed at what he learned from Information Age tech friends with amazing results, reported in an August New York Times article. While researching the problem of lost privacy, Mactaggart had learned that the U.S., unlike some other countries, has no single, comprehensive law regulating the collection and use of personal data. Companies can collect and buy information without and limits.  What laws did exist, the ones you never read in the fine print, had been crafted by the companies that rely on personal data.

“Advertisers could buy thousands of data points on virtually every adult in America,” Nicholas Confessore wrote in the Times. “With Silicon Valley’s help, they could make increasingly precise guesses about what you wanted, what you feared and what you might do next. … And no one knew more about what people did or were going to do than Facebook and Google.”

Mactaggart realized that Silicon Valley was transforming politics because the political establishment saw that the key to its future rested in companies like Google and Facebook with a vast capacity for surveillance and information collection. He decided to do something about it. 

The result of his complex efforts was the passage in June of California Assembly Bill 375, the California Consumer Privacy Act of 2018.  It is unprecedented in the U.S. and applies European-level compliance obligations similar to a standard set by a General Data Protection Regulation, according to the website www.FocusontheData.com. The law, which takes effect in January 2020, includes new disclosure requirements, consumer rights, training obligations, and potential penalties for noncompliance, among other things.

The law is complicated and comprehensive. Key provisions include the right to transparency regarding personal information, and businesses must provide a clear link on their homepage to a “Do Not Sell My Personal Information” option. Consumers have a right to ask a business to disclose categories and specific bits of personal information the business has collected and they can opt out at any time. There is no private right to action but the California Attorney General can bring actions for civil penalties up to $7,500 per violation.

It’s a start that could become a much-needed national norm. For someone who does online research, sometimes at kinky sites, and as a vocal political lefty, it can’t come too soon.