Acceptable risk

  The Supreme court declined to rule on Idaho vs the United States. The matter was left to the lower courts to decide. The case centers on whether Idaho can allow abortions to protect the life or health of the mother. In 1986 a law was passed to prevent hospitals from turning away patients that did not have insurance or sending them to a different hospital. They are required to stabilize the patient whose life or health is at risk. You could say it is mandated charity or mandated morality depending upon your view. That in itself was all well and good until Idaho barred abortions. The Biden administration immediately sued Idaho saying they are in violation of that law. And that is where the issue gets sticky. 

 On the surface you can use the supremacy clause of the constitution. Federal law always overrides state law. But it isn't that simple. That's why we have legal scholars, debates and arguments over just that almost daily. The Democrats are certainly more focused on States rights historically. That's why we had a civil war, remember that. With the overturning of Roe V Wade the constitutional right to an abortion is no longer valid. That means it is up to the individual states to decide. And that is what Idaho has chosen to do. It appears we are once again at an impasse regarding states' rights. The court refused to rule. Idaho does allow for abortion to save a life. The circumstances in which an emergency abortion may be performed is a narrow one. That determination is based on risk.

  That is what needs to be decided upon. How much risk is acceptable? The law is specific in saying that abortions may be performed to save a life. That is when there is no doubt that the life of the child or the mother is in immediate danger of death. The law also says that "stabilizing" measures must be taken to protect the health of the patient. How do you gauge between life threatening or simply a threat? I would say a great deal of that depends upon the attending physician. Just how to measure acceptable risk to a individual? It is well known that smoking cigarettes and drinking alcohol are all health risks. They even come with warnings about that, yet no federal law banning that activity in the interest of protecting health. All pregnancies come with risk. The vast majority are successful, however. Is the cure for every complication to be an abortion? 

  The question becomes a basic one. Is a pregnant woman one person or two? If you want to say a woman remains as a single person until the birth of the baby, you treat the woman only. The baby doesn't count, and you don't need to provide stabilizing health care to that baby. You can simply terminate, abort and discard that baby thereby eliminating the risk to the woman. But if there are actually two living beings there don't they deserve equal treatment? Shouldn't the child receive stabilizing, lifesaving care as well? How much risk would you take to protect the life of your child? 

  So just what is the Biden administration suing for? They are suing say Idaho must allow abortions for every risk associated with pregnancy. Remember Idaho already allow abortions for emergencies to save the life of the mother. What Idaho doesn't allow are abortions for the sake of convenance or instances where the life of the mother is not in immediate danger. Basically, Idaho is saying that abortions are an emergency measure only and should only be used in extraordinary circumstances. What Biden wants is to reinstate Roe V Wade. Should the federal government say abortion is a constitutional right? Personally, I don't see how, when it clearly states we all have a right to life! 

 The eighth amendment prohibits cruel and unusual punishment but does not prohibit capital punishment, that being left to the states to decide. Why shouldn't the states also decide on who gets to live? Should the government mandate death on demand! That is what this administration is proposing. An abortion should be performed anywhere, anytime, on demand. The only criteria being a risk. Does being pregnant makes you anxious? It's a risk to your happiness so you just abort! Uncertain about the future? Terminate. That's what the left wants. Anytime, anywhere for any reason. How much risk is acceptable? Does that change once the child is born? How much would you risk to save the life of your child?  Think about that.