Social Question

Dutchess_III's avatar

Can you help me fully understand the abortion issue swirling around New York?

Asked by Dutchess_III (47069points) January 25th, 2019

They passed a bill that upheld a woman’s right to an abortion, even if Roe V Wade is overturned. I get that.

Did they extended the time that a woman can request an elective abortion? I don’t think they did, but it’s hard to tease it out. For example, this seems to be talking in circles:
“New York state has enacted strong new legal protections for abortion rights…including a provision permitting late-term abortions when a woman’s health is endangered,

The state’s previous law,...only permitted abortions after 24 weeks of pregnancy if a woman’s life was at risk.

Those both say the same thing, don’t they? So what is the big deal?

Some people are screaming about “abortions” being legal clear up until the due date. They have this idea that they just tear a full term infant to pieces to “abort” it just because the mother doesn’t want it any more.
I’m arguing that that doesn’t even make sense. They can not have an elective abortion when they are at full term, and no doctor would kill a viable baby if someone asked them to.

I don’t think much of anything changed with that bill, did it?

Can someone help me out, please?

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16 Answers

Aster's avatar

I think the new law says you can legally abort a baby at 8 or 9 months if you’ve changed your mind. Tell me I’m wrong. I’ve read somewhere the nice doctors break their necks to kill them. Tell me I never read that. It created a huge mob of cheering women. So glad it made their day.

Dutchess_III's avatar

I don’t think that’s what it says at all. That’s what I’m trying to figure out.

What it did for sure was to make a law that will allow women to still get abortions legally in New York, even if Roe V Wade is overturned. As far as I can tell, that is all it has done, so nothing has changed. It will still be illegal to have an abortion after 24 weeks unless the mother’s health is at risk. That has always been the case since 1973.

Dutchess_III's avatar

If you really read that doctors are “breaking their necks to kill babies,” @Aster, it would be nice if you would give us a link. Surely you know that is absolute BS.

Aster's avatar

I swear I have read that on youtube or somewhere. I won’t lie. I could briefly look for a link but I might get depressed.

Aster's avatar

ok I couldn’t find anything , it was stressful but I am so happy you were right, @Dutchess_III !!

Dutchess_III's avatar

I hope I’m right. I am pretty sure I am, but I’m just looking for other sources besides myself.

@Aster I have no doubt you heard something like that somewhere. People are just freaking out because they don’t understand what happened so they’re making stuff up in hysteria. They WANT to believe whatever ugly stuff they start screaming about, whether it’s true or not.

KNOWITALL's avatar

I will just post for informational purposes only, no discussion will be engaged.

“We need to be honest with the public and say that this bill does not simply codify Roe v. Wade… what this bill does is expand abortion up to birth and the third trimester,” State Assembly Rep. Nicole Malliotakis argued before the state legislature. She criticized the part of the law allowing medical professionals other than doctors to perform abortions, saying Roe v. Wade requires a licensed physician perform the procedure. But this law removes that requirement and allows physician assistants, nurse practitioners and midwives to perform abortions.

She also argued that removing abortion from the criminal code would mean that if a fetus died as the result of an assault on a woman there would be no prosecution. “Being assaulted and losing your baby is not a woman’s choice,” she said.

https://www.cnn.com/2019/01/23/health/new-york-abortion-measures-trnd/index.html

As far as a licensed physician, my understanding is that it’s for the safety of the patient in case things go wrong.

In 43 states the law provides that only a physician may perform an abortion (AL, AK, AR, CA, CO, CT, DE, FL, GA, HI, ID, IL, IN, IA, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, UT, VA, WA, WI, WY). Oklahoma also has a law that provides that no woman may induce an abortion upon herself except under the supervision of a licensed physician. The Minnesota law provides that only a physician or a physician-in-training may perform an abortion. Kentucky has a law requiring that first trimester abortions be performed by a physician or by the woman herself with the advice of a physician, and that later abortions be performed only by a physician. A District of Columbia law requires that all abortions be performed under the supervision of a licensed physician.

https://msu.edu/user/schwenkl/abtrbng/stablw.htm

In the majority of states, abortions must be performed by a licensed physician. Several other states require abortions to be performed in a hospital (depending on the trimester), and other states require a second physician to be present in abortions after a certain limit.

The majority of states allow medical institutions to refuse abortions and a handful of these states only allow refusal by private or religious institutions.
https://family.findlaw.com/reproductive-rights/abortion-laws.html

Dutchess_III's avatar

That underscores my suspicion that absolutely nothing has changed and it’s all a tempest in a teapot. It’s all the same as it was since 1973, with the exception of protecting women’s right to have an elective abortion prior to 24 weeks, if Roe v Wade is overturned.

Thanks @KNOWITALL.

LadyMarissa's avatar

According to my chiropractor, the new law states that you can have an abortion up until the second you start to deliver. You also no longer have to have a doctor to get an abortion as anybody you ask is approved to do it. You can even legally do it yourself. I’ve been looking for anything on this so I can verify what my dr told me; but, I’ve seen NO reporting of this. Can you provide a link to what you read???

Call_Me_Jay's avatar

with the exception of protecting women’s right to have an elective abortion prior to 24 weeks,

Also:

1) Allows abortions after 24 weeks or if “there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health”.

2) Removes abortion from the criminal statutes. It’s in the public health statutes.

Here is the text of the new law:

Laws of New York – Public Health – 2599-bb. Abortion
A health care practitioner licensed, certified, or authorized under title eight of the education law, acting within his or her lawful scope of practice, may perform an abortion when, according to the practitioner’s reasonable and good faith professional judgment based on the facts of the patient’s case: the patient is within twenty-four weeks from the commencement of pregnancy, or there is an absence of fetal viability, or the abortion is necessary to protect the patient’s life or health. 2. This article shall be construed and applied consistent with and subject to applicable laws and applicable and authorized regulations governing health care procedures.

Dutchess_III's avatar

@LadyMarissa what you claim your chiropractor told you is not even remotely possible.

Here is the link from CBS that I got my information from. I apologize I didn’t provide it earlier.

Thanks @Call_Me_Jay. Your post is a reiteration that for New York an elective abortion is still legal prior to 24 weeks of gestation. That is how it’s always been. In Kansas it’s still at 20 weeks.

Well, I guess I can dismiss all the hysteria that claims a woman can request an abortion on her due date, because I can’t find one single thing to back that up.

LadyMarissa's avatar

^ That doesn’t surprise me as she’s very anti-abortion & I felt she was overstating what had happened. That’s why I was looking for news on this so I could see for myself. Thanks for the link!!!

Dutchess_lll's avatar

You are very welcome. I’m glad it helped.

Why do people take things like this to such insane levels?

Caravanfan's avatar

@Dutchess_lll Because the pro-lifers will promote hysteria at any time so they can take away women’s choice.

Dutchess_III's avatar

@Aster if there was a mob of cheering women it’s because their right to control their body was safeguarded even if Roe v Wade is over turned.
It’s pretty gruesome to think that mobs of women would be cheering because they have ability to kill a full term baby.

Some pro-life people seem to get a kick out of the most gruesome acts they can imagine. They seem to get a kick out of describing them in detail, too.

Dutchess_III's avatar

BTW, @Call_Me_Jay thanks for that legal information. I copied and pasted it on a FB conversation I’m having on the issue.

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