Opinion by Jennifer Rubin: Last week, a federal judge in Idaho defended women’s right to critical medical care. It was about time.
Pregnant women in Idaho routinely arrive at emergency rooms experiencing severe complications. The patient might be spiking a fever, experiencing uterine cramping and chills, contractions, shortness of breath, or significant vaginal bleeding. The ER physician may diagnose her with, among other possibilities, traumatic placental abruption, preeclampsia, or a preterm premature rupture of the membranes.
Litigants, advocates and lawmakers who pushed for abortion bans understood full well that they would create horrible situations and legal chaos. Their persistence reflects how little advocates of forced birth care about women’s lives and health. One has to wonder what kind of legislature would dream up such a perverse system that endangers women even when the fetus is no longer viable.
Notably, while the “cruel and unusual punishment” provision of the Eighth Amendment applies to the punishment meted out to convicted criminals, this is worse: The scenarios permitted under the abortion ban effectively demand a woman’s permanent injury as the price of avoiding criminal prosecution of her doctor.As Winmill recognized, there are emergency medical conditions that might call for an abortion.
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