The United States is currently only one of five countries in the world to have legal abortion-on-demand during all nine months of pregnancy. The other countries with legal abortion-on-demand during all nine months of pregnancy are Canada, China, North Korea, and Vietnam. Abortion-on-demand has been effectively legalized during all nine months of pregnancy in the United States as a result of the Roe v. Wade and Doe v. Bolton cases.
In Roe v. Wade, the United States Supreme Court decided that “For the stage subsequent to viability the State, in promoting its interest in the potentiality of human life, may, if it chooses, regulate, and even proscribe, abortion except where necessary, in appropriate medical judgment, for the preservation of the life or health of the mother.” The Supreme Court also decided in Doe v. Bolton case that “the medical judgment may be exercised in the light of all factors – physical, emotional, psychological, familial, and the woman’s age – relevant to the wellbeing of the patient. All these factors may relate to health. This allows the attending physician the room he needs to make his best medical judgment. And it is room that operates for the benefit, not the disadvantage, of the pregnant woman.” Even though the officially stated intent of the “health of the mother exception” was to ensure that pregnant women could obtain access to procedures that were necessary for the “preservation of the health of the mother,” the real effect of this exception was to allow abortion-on-demand to be legally justified after viability for any reason on the grounds that the “health of the mother” would be endangered if an abortion was not performed.
Despite the fact that the term “health” was broadly defined in Doe v. Bolton to include “physical, emotional, and psychological well-being”, the fact that the so-called “health of the mother” is in danger during the pregnancy does not necessarily imply that an abortion is necessary because the health of the mother is often capable of being preserved by means that do not entail an abortion, the termination of pregnancy, the death of an unborn child, or premature birth. In fact, in most pregnancies, an abortion is not the only means of preserving the so-called “health of the mother.” Caesarean section delivery and induced childbirth also have the effect of ending the pregnancy and are also capable of preserving the “health of the mother”, but these procedures differ from post-viability abortions because these procedures do not entail actively killing an unborn child like most post-viability abortion procedures do. Furthermore, most of the abortions being performed at American abortion clinics are being performed primarily for the purposes of getting rid of an unborn child who is unwanted by his or her mother, and most of these pregnancies could have been safely carried to term with proper medical care if there wasn’t an attempt to undergo an abortion.
While the officially stated intent of the “health of the mother exception” was to ensure that a pregnant woman would “benefit” from abortions performed in cases where the abortion was determined to be “necessary for the preservation of the health of the mother,” many post-abortive women have experienced harm to their “health” or their “physical, emotional, or psychological well-being” as a result of the complications of a prior legal abortion. Furthermore, there have even been cases where women have died from legal abortion procedures in the United States, including the death of Karnamaya Mongar by Kermit Gosnell at his former abortion clinic in 2009, the death of Tanya Reaves by Mandy Gittler at a Chicago Planned Parenthood clinic in 2012, and the death of Jennifer Morbelli by Leroy Carhart at his abortion clinic in 2013. It is obviously clear from the harm caused to the health of post-abortive women and the deaths arising from legal abortions that abortions are not always effective in preserving the health of the mother, and most of these post-abortive women who have been harmed as a result of legal abortion procedures would not have experienced this harm if they carried their pregnancies to term and had their babies. Furthermore, Karnamaya Mongar, Tanya Reaves, and Jennifer Morbelli would probably be alive today if they had chosen to carry their pregnancies to term and they didn’t undergo an abortion.
The requirement for abortion to be legal in cases where it is “necessary, in appropriate medical judgment, for the preservation of the health of the mother” has often failed to preserve the “health of the mother” due to the adverse harm that many post-abortive women experience as a result of a prior abortion. The death of an unborn child as a result of a prior abortion is one of the causes of the harm to the “emotional and psychological well-being” of a post-abortive women. The unsanitary conditions at many abortion clinics, the failure to take reasonable measures to protect the health of the mother, and the carelessness of many abortionists also contribute to the harm to the “physical, emotional, and psychological well-being” of post-abortive women. Furthermore, many post-abortive women face an increased risk of breast cancer and an increased risk of complications in future pregnancies as a result of undergoing an abortion. Even though the United States Supreme Court had admitted in Doe v. Bolton that the state has a legitimate interest in protecting women from harm resulting from an abortion, the United States Supreme Court’s ruling in Roe v. Wade and Doe v. Bolton fail to take into consideration the harm that many post-abortive women face as a result of a legal abortion procedure.
Abortionists often make medical judgments that are not in the best interest of their patients in order to advance their business interests and to increase their profits. Additionally, many abortionists who perform elective abortions at American abortion clinics attempt to increase their profits by failing to maintain sanitary conditions, coercing potential patients into consenting to an abortion, rushing patients through abortions, and failing to follow up on complications arising from abortions. The carelessness of many American abortionists has led to complications that should not have occurred as well as deaths of post-abortive women that should not have happened. Increased regulation of abortion facilities in the United States is essential to protecting women from the dangers of legal abortions, and these regulations must be enforced, even if it affects the bottom line of abortion providers or if the regulations lead to the closure of abortion clinics, because the government has a legitimate interest in protecting women from the harm arising from abortion procedures.
The United States Supreme Court needs to revisit the Roe v. Wade and Doe v. Bolton cases for several reasons. First, these decisions have enabled abortion-on-demand to be legal for any reason during all nine months of pregnancy up to the moment of birth. Second, the imposition of the requirement of the “health of the mother” exception has led to abortions being performed in circumstances where the abortion is not needed to preserve the life or health of the mother. Third, the legalization of abortion-on-demand during all nine months of pregnancy has had adverse effects on the health of post-abortive women and will continue to result in harm to women who undergo abortions while abortion-on-demand is legal and available. Fourth, the legalization of abortion and the availability of abortion has led to the deaths of over 50 million unborn children, an increased willingness to abort unplanned pregnancies, and an increased willingness to kill unwanted children after birth through infanticide. Fifth, both of these decisions are the result of false statements made by the plaintiffs and their attorneys, judicial errors by United States Supreme Court judges, and a misinterpretation of the provisions of the United States Constitution that were applied in these cases. Finally, the reversal of these decisions will protect women from the dangers of abortion procedures, will reduce the demand for abortion in the United States, will reduce the number of unborn children being killed as a result of abortion, and will protect the right to life of unborn children.