His View: The controversy over third-term abortions

Out of fear that the current Supreme Court may repeal Roe v. Wade and undermine women's reproductive rights, legislators in Virginia and New York have offered bills to shore up those rights. In no way whatever does this legislation allow doctors, as Trump recently claimed, "to rip babies out of their mothers' wombs."

Dr. Kristyn Brandi, an obstetrician-gynecologist and a board member of Physicians for Reproductive Health, said this is a "gross mischaracterization": "It's not something that any person would come seeking, and it's not something that any doctor would provide."

The New York bill would allow a third-term abortion after 24 weeks when there is "an absence of fetal viability" or "if it is necessary to protect the patient's life or health." Significantly, the new bill removes the provision that a late-term abortion could result in charges of homicide.

In 2017 Erika Christensen of Brooklyn was 30 weeks pregnant when her doctor informed her that her fetus had a fatal condition. She and her husband decided to fly to Colorado to have a legal abortion there at a cost of $10,000. Christensen said: "The cost and travel would be impossible for a lot of people. I counted myself lucky."

On ABC's "The View," Megan McCain spoke falsely about third-term abortions. She stated "we are one of only seven nations in the world, along with North Korea and China, to allow abortion on demand after 20 weeks." The facts, of course, are otherwise. According to Dr. Daniel Grossman, "65 countries allow abortion at this stage in cases of fetal malformations or anomalies."

Third-semester abortions are rare. Most (90 percent) happen in the first trimester (12 weeks), only 9 percent up to 20 weeks, and then a mere 1 percent thereafter. If abortions were offered at no cost, as they are in 78 percent of high-income countries, and if there was universal access, then American abortions would be much earlier and much safer.

In his response to Megan McCain, Dr. Grossman reported in 2013 "there was a 25 percent increase in second- and third-trimester abortions because of the laws in Texas (which were later found unconstitutional) that made access to first-trimester abortions difficult."

In many states women are required to endure invasive questions, obtain parental consent for minors, wait longer than necessary, read medically inaccurate information, and undergo ultrasound imaging. An early chimp fetus is nearly indistinguishable from a human one, so "looks like" does not make chimps human persons.

Before I close, let us take a brief look at the religious and legal history of these issues. The ancient Jews believed, following Gen. 2:7, that the fetus becomes a person only after it draws its first breath. If there is a threat to the life of a pregnant mother, her rights are preeminent.

This is clear in the rabbinic interpretation of Exodus 21:22-25, where the man who causes a woman to miscarry and die must give his life for hers. If only the fetus dies, he pays a fine to the husband. In the mid-17th century, English jurist Sir Edward Coke cited this passage from Exodus and agreed with the rabbis that the fetus is not a person until birth.

Sir William Blackstone (1732-80), however, moved the cut-off point back to "quickening in the womb." Blackstone became the chief legal expert of the age, and our founding thinkers, especially those who studied law, would have read, and presumably affirmed, his views on abortion.

"Quickening" is essentially the same as the "viability" criterion of Roe v. Wade, so conservatives on the Supreme Court who believe in "original intent" should be bound by Blackstone's views. I'm not holding my breath for them to do so.

Nick Gier taught philosophy and religion at the University of Idaho for 31 years. Read his article on abortion webpages.uidaho.edu/ngier/abortion.htm. Email him at ngier006@gmail.com.