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Tweaking the Law Works

Good Counsel/Jeffrey Bruno

James S. Cole - MercatorNet - published on 08/05/13 - updated on 06/07/17

The experience of my home state of Missouri illustrates how another kind of pro-life law saves the lives of women as well as unborn babies. For many years, we have seen far too many ambulances pull up to the doors of abortion clinics to take women to hospitals with injuries from legal abortions. But delays can occur when a new doctor must be summoned to admit the patient to the hospital. Surgical abortion is not like removing a wart. Women sometimes require emergency treatment and cannot wait to be admitted while a surgeon with privileges is called in.

In 2005, the Missouri General Assembly enacted a law that included many health regulations, including requiring abortion doctors to have privileges to admit patients to hospitals located within 30 miles of the clinics. It was quite telling that soon after the 2005 statute was enacted, the abortion clinic in the state’s third-largest city closed. Clearly, its board of directors realized that health regulations would be held constitutional and that they simply could not comply with them. As a result of the same law, the abortion clinic in Columbia, Missouri (home of the state’s largest college campus, the University of Missouri), has had to close its surgical abortion facility intermittently for months at a time in periods when it could not recruit a physician to do abortions in Columbia who had privileges at one of the two major hospitals available nearby.

Even before the 2005 law went into effect, Planned Parenthood in Kansas City moved its surgical abortions to another facility across the state line in Kansas. It is believed that the prospect of new Missouri regulations was one of the factors that led to the move. Finally, after a 2007 Missouri law held abortion clinics to the same health regulations as any other ambulatory surgical clinic, a suburban St Louis abortionist could not find a successor to take over his grisly business, so he shut down the abortion facility entirely when he retired in 2011. Because of enacting laws making abortionists comply with ordinary health regulations, Missouri now has only one regular surgical abortion clinic (St Louis) and a second clinic that operates only intermittently (Columbia). Women’s and babies’ lives are being saved.

Social science research bears out the effect across the country that the anecdotal evidence indicates in Missouri: abortion clinics cannot or will not comply with ordinary health and safety regulations and end up shutting their operations when such regulations are enacted. This results in a drop in abortions. Furthermore, additional reductions are seen after applying other abortion regulations, such as requirements to offer ultrasound images of unborn babies and to give particular information about human development and alternatives to abortion as part of informed consent.

Clearly, lives are being saved by state laws that regulate abortions.

A separate effect of the legislative process must be mentioned. The information about abortion that is disseminated during carefully-planned efforts to enact pro-life legislation sways public opinion. This became clear during the debates in the 1990s over partial birth abortion. Readers will recall that partial birth abortion involves partial delivery of the baby until only the head remains in the birth canal, then stabbing the back of the skull and killing the child before completing the delivery. (Philadelphia abortionist Kermit Gosnell was convicted of manslaughter this year because he did it an easier way by delivering the whole baby first, then killing the child.)

As an article in Slate magazine recognized, the information about partial birth abortion that was broadcast to American families during the Congressional debates on bills to ban this barbaric procedure resulted in a substantial shift in public opinion to the pro-life column.

Here we see how trying to change the law can change the culture. Those who assert that it has been futile to work on changing the law have failed to do their homework on the real-world successes of these efforts. The results summarized here provide strong support continuing political and legislative efforts to save the lives of women and unborn children.

James S. Cole is a graduate of Harvard Law School who practices law in St Louis, Missouri. This is the second article in a series. The first challenged the view that pro-lifers must change the culture before we can change the law.

Originally published by MercatorNet on 5 August 2013.

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