The United States Supreme Court heard oral arguments this week on a case called ‘Dobbs v. Jackson Women’s Health.’ Basically, the court will decide if Mississippi’s prohibition on abortion after 15 weeks of pregnancy can proceed into law or if a lower court ruling that struck down the law will stand. The oral arguments were very clinical and, at times, cold - almost forgetting that life was at stake.
Fifteen weeks is 3.5 months. That is a long time that passes quickly. To lend perspective: if a woman conceives on Jan. 1 then she would have until April 15th, Tax Day, to decide whether or not to have the baby.
However, this week those supporting termination of that life argued about ‘viability.’ Many doctors consider viability to be 24 weeks of gestation - a point in which they believe a baby can survive without ‘significant morbidity.’ Justice Sonya Sotomayor wondered if, at 24 weeks, an unborn child could even feel or recoil from pain. If born at 24 weeks the baby would need extreme intervention in a neonatal intensive care unit to survive. Gestational age of a baby is based on the time of fertilization, also known as conception. Many, including myself, believe that life begins at conception.
Regardless of circumstance or whether or not they would personally choose to terminate, a recent Associated Press/NORC poll found that 61% of Americans believe abortion should be a legal option in the first trimester of pregnancy. That drops to 34% in the second 12 weeks and less than 19% in the 3rd trimester. Some believe that ‘viability’ of life begins when an embryo develops into a fetus, around 8-10 weeks of pregnancy. They say that after this point, and without significant medical issues to the mother, the fetus will likely be born healthy. Others say life begins when the fetus moves into the mother’s womb, about 16 weeks after conception. A few actually argue that life does not begin until that baby draws its first natural breath independent of the mother’s body.
But much of the argument was about viability of the unborn. Ironically, without parental participation in its life a young infant does not likely have much independent viability outside the womb after only a few hours, days, weeks, months, or years. Without help, a newborn or toddler has about as much of a chance of viable survival as a 15 week old fetus does. Parenting matters from day one. Not to make light of such a serious subject but I know teenagers and some adults who could not likely survive without daily assistance from their mother.
Half-hearted attempts at stating that abortions were a constitutional right were made this week. I did not hear anyone mention the Declaration of Independence which declares we all have ‘certain unalienable Rights, that among these are Life, Liberty, and the pursuit of Happiness.’ The pre-born may appreciate this idea.
American women gained the right to legalized abortion in the first three months of pregnancy through 1973’s ‘Roe v. Wade’ decision. That timeframe was expanded in 1992’s ‘Planned Parenthood v. Casey’ ruling which stated that states could not place ‘undue burden’ on women seeking abortions before a baby’s viability. When exactly is that, again? The procedure has been chosen over 60 million times in the last 48 years.
The right to choose life or death was on trial at the Supreme Court in Washington, DC. The decision, expected in June, may make the idea of ‘my body my choice’ a state’s rights issue instead of a federal mandate. Maybe the focus of the entire argument is misguided. Maybe the real choice is prior to pregnancy….like choosing a partner you’d prefer to raise kids with prior to having sex or choosing proper protection or choosing to abstain until a more convenient time in one’s life.
With the holiday season upon us many have asked what we are grateful for. Me? I am thankful that my mother chose life.
Kevin Battle is co-host of the KDKA Radio Morning Show with Larry Richert. It airs M-F 5a-9a on Pittsburgh’s 100.1FM & AM1020 KDKA or on the free Audacy app. Ask your smartspeaker to: ‘Play KDKA.’ Thank you.