Where Will It All End? (On Gonzales v. Carhart)

By David at Kmareka, Section Diaries
Posted on Fri Apr 20, 2007 at 11:22:09 AM EST
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"The government may use its voice and its regulatory authority to show its profound respect for the life within the woman." ~Justice Anthony M. Kennedy (writing for the majority in Gonzales v. Carhart)

In affirming the Partial Birth Abortion Ban Act passed by Congress in 2003 and defining in some measure the role that "the government" may take with "respect" to "the life within the woman," Justices Kennedy, Roberts, Alito, Scalia, and Thomas have created a dangerous precedent. The life within the woman has, in effect, been given equal footing with the life of the woman. The government may now feel free to implement policies and practices that are ostensibly in the best interests of the unborn child. The interests and wishes of the woman are no longer of primary importance. At some point in a pregnancy, the government may interpose itself between a woman and her medical providers and may, as it deems fit, impose its will and authority upon all parties. Such intrusive intervention may arguably evince "respect for the life within the woman," but it shows no respect for any others. And it invites abuse. Where will it all end?

It is not difficult--although it is frightening--to imagine a scenario in which the government seeks to assert its newfound "regulatory authority" by establishing a process whereby any abortion, both induced and spontaneous, is treated as a potential felony and is subject to criminal investigation. For example, if a woman were to experience a spontaneous abortion (better known as a miscarriage) during the second trimester of her pregnancy, would it now be reasonable for the government to take action to determine whether the rights of "the life within the woman" had been violated in some fashion? Many women do not obtain the recommended medical care during pregnancy or engage in practices that may compromise the health and wellbeing of both themselves and their unborn child (e.g., cigarette smoking, drug and alcohol use, inadequate diet, exposure to stress, etc.). If the spontaneous abortion could reasonably be attributed to such "neglectful" behavior, whether such was intentional or not, should the government pursue criminal charges against the woman because she caused or contributed to the untimely demise of her unborn child? If the government, indeed, ought use its authority "to show its profound respect for the life within the woman," then ought it not respond to such reckless endangerment? Ought it not intercede to stop such when it can and prevent the occurrence of such? Ought it not enact regulations that provide for the regular monitoring and reporting of a woman's activities and practices during pregnancy, to ensure