The Boston Globe’s recent editorial ("An erosion of abortion rights”) on the Supreme Court's recent abortion ruling said:
Yesterday's decision marked the first time the high court had approved a prohibition on a specific abortion procedure. In her dissent, Justice Ruth Bader Ginsburg said, "The court's opinion tolerates, indeed applauds, federal intervention to ban nationwide a procedure found necessary and proper in certain cases by the American College of Obstetricians and Gynecologists."
The five justices of the court majority and the politicians who passed the law they approved have overruled the best judgment of the doctors who are most informed on this issue.
Neither the Globe’s editorial nor news coverage informed readers in any detail about the procedure at the heart of this case. The Globe's 1000-word news story on the decision by reporter Charlie Savage described the procedure in question with minimal detail in only one sentence. Instead the news story spent almost all its space discussing the reactions of various interest groups.
However the Supreme Court was very well informed about the details of the procedure and the circumstances in which it is used. The Court’s decision can be found online here. But to illustrate how baseless is notion that the Court was unqualified to render such a decision, below is an extended excerpt from the court’s actual decision, written by Justice Kennedy.
This text is very disturbing reading. I reproduce it only to illustrate how the editorials and news coverage in the Globe obfuscate, posture, and advocate to readers as much or more than they actually inform. The material below is almost completely unmentioned in the Globe coverage. As I said, the Globe's 1000 word news story gave it a single sentence. The editorial said nothing at all about it at all.
But here is the Supreme Court’s own description of the procedure which an elected Congress, using its own political “best judgment” made illegal through legislation in 2003, and whose illegality the Globe editors view as an erosion of fundamental human rights:
Intact D&E, like regular D&E, begins with dilation of the cervix. Sufficient dilation is essential for the procedure. To achieve intact extraction some doctors thus may attempt to dilate the cervix to a greater degree. This approach has been called “serial” dilation. Carhart, supra, at 856, 870, 873; Planned Parenthood, supra, at 965. Doctors who attempt at the outset to perform intact D&E may dilate for two full days or use up to 25 osmotic dilators. See, e.g., Dilation and Extraction 110; Carhart, supra, at 865, 868, 876, 886.
In an intact D&E procedure the doctor extracts the fetus in a way conducive to pulling out its entire body, instead of ripping it apart. One doctor, for example, testified:
“If I know I have good dilation and I reach in and the fetus starts to come out and I think I can accomplish it, the abortion with an intact delivery, then I use my forceps a little bit differently. I don’t close them quite so much, and I just gently draw the tissue out attempting to have an intact delivery, if possible.” App. in No. 05–1382, at 74.
Rotating the fetus as it is being pulled decreases the odds of dismemberment. Carhart, supra, at 868–869; App. In No. 05–380, pp. 40–41; 5 Appellant’s App. in No. 04–3379(CA8), p. 1469. A doctor also “may use forceps to grasp a fetal part, pull it down, and re-grasp the fetus at a higher level—sometimes using both his hand and a forceps exert traction to retrieve the fetus intact until the head is lodged in the [cervix].” Carhart, 331 F. Supp. 2d, at 886–887.
Intact D&E gained public notoriety when, in 1992, Dr. Martin Haskell gave a presentation describing his method of performing the operation. Dilation and Extraction 110– 111. In the usual intact D&E the fetus’ head lodges in the cervix, and dilation is insufficient to allow it to pass. See, e.g., ibid.; App. in No. 05–380, at 577; App. in No. 05–1382, at 74, 282. Haskell explained the next step as follows:
“‘At this point, the right-handed surgeon slides the fingers of the left [hand] along the back of the fetus and “hooks” the shoulders of the fetus with the index and ring fingers (palm down).
“‘While maintaining this tension, lifting the cervix and applying traction to the shoulders with the fingers of the left hand, the surgeon takes a pair of blunt curved Metzenbaum scissors in the right hand. He carefully advances the tip, curved down, along the spine and under his middle finger until he feels it contact the base of the skull under the tip of his middle finger.“‘[T]he surgeon then forces the scissors into the base of the skull or into the foramen magnum. Having safely entered the skull, he spreads the scissors to enlarge the opening. “‘The surgeon removes the scissors and introduces a suction catheter into this hole and evacuates the skull contents. With the catheter still in place, he applies traction to the fetus, removing it completely from the patient.’” H. R. Rep. No. 108–58, p. 3 (2003).
This is an abortion doctor’s clinical description. Here is another description from a nurse who witnessed the same method performed on a 26½-week fetus and who before the Senate Judiciary Committee:
“‘Dr. Haskell went in with forceps and grabbed the baby’s legs and pulled them down into the birth canal. Then he delivered the baby’s body and the arms—everything but the head. The doctor kept the head right inside the uterus. . . .“‘The baby’s little fingers were clasping and unclasping, and his little feet were kicking. Then the doctor stuck the scissors in the back of his head, and the baby’s arms jerked out, like a startle reaction, like a flinch, like a baby does when he thinks he is going to fall. “‘The doctor opened up the scissors, stuck a high-powered suction tube into the opening, and sucked the baby’s brains out. Now the baby went completely limp. . . . “‘He cut the umbilical cord and delivered the placenta. He threw the baby in a pan, along with the placenta and the instruments he had just used.’” Ibid.
Dr. Haskell’s approach is not the only method of killing the fetus once its head lodges in the cervix, and “the process has evolved” since his presentation. Planned Parenthood, 320 F. Supp. 2d, at 965. Another doctor, for example, squeezes the skull after it has been pierced “so that enough brain tissue exudes to allow the head to pass through.” App. in No. 05–380, at 41; see also Carhart, supra, at 866–867, 874. Still other physicians reach into the cervix with their forceps and crush the fetus’ skull. Carhart, supra, at 858, 881. Others continue to pull the fetus out of the woman until it disarticulates at the neck, in effect decapitating it. These doctors then grasp the head with forceps, crush it, and remove it. Id., at 864, 878; see also Planned Parenthood, supra, at 965.
Some doctors performing an intact D&E attempt to remove the fetus without collapsing the skull. See Carhart, supra, at 866, 869. Yet one doctor would not allow delivery of a live fetus younger than 24 weeks because “the objective of [his] procedure is to perform an abortion,” not a birth. App. in No. 05–1382, at 408–409. The doctor thus answered in the affirmative when asked whether he would “hold the fetus’ head on the internal side of the [cervix] in order to collapse the skull” and kill the fetus before it is born. Id., at 409; see also Carhart, supra, at 862, 878. Another doctor testified he crushes a fetus’ skull not only to reduce its size but also to ensure the fetus is dead before it is removed. For the staff to have to deal with a fetus that has “some viability to it, some movement of limbs,” according to this doctor, “[is] always a difficult situation.” App. in No. 05–380, at 94; see Carhart, supra, at 858.