"Three years ago, I took a stand against an
extreme and deceptive law that would outlaw virtually all abortions in the
State of Nebraska. Having seen firsthand what abortion bans do to women
and their families - having witnessed the misery and tragedy that filled
this nation's emergency rooms in the years before Roe v. Wade - I
could not stand by while my state tried to return them to those dark days.
My hope is that the United States Supreme Court will reaffirm the basic
tenets of our Constitution, which protect the most private spheres of our
lives from governmental interference, and which acknowledge that the
decision about whether and how to terminate a pregnancy is best left to a
woman and her doctor.
"Let me be clear: the so-called "partial-birth
abortion" law I have challenged is not about late abortions, nor is it
limited to any particular procedure. According to the American College of
Obstetricians and Gynecologists (ACOG) and the other medical groups that
have signed on
in support of my case, this vaguely worded law applies to all stages of
pregnancy. Indeed, in this case, the Supreme Court is only
looking at this law's effects during the first half of pregnancy, when 98%
of all abortions in this country are performed. Moreover, as these medical
groups make clear, this law affects the safest and most commonly used
methods of abortion - methods that have evolved over time as doctors
sought to safeguard their patients' health. These medical groups are not
alone. Judges across the country agree that these laws unconstitutionally
burden women's reproductive health choices and endanger their health. In
twenty states, laws similar to the one I have challenged have been blocked
or severely limited.
"Roe v. Wade was a milestone. It recognized the fundamental role
that decisions about whether and when to have children play in women's
ability to participate in society. And it clearly acknowledged that the
decision whether to choose abortion was one best left to a woman, in
consultation with her physician, her family, and her conscience. Once she
has made her decision, it is up to her and her doctor to determine the
best course of medical care, given her individual circumstances. It has
never been, nor should it ever be, the role of legislators to force women
to undergo riskier medical procedures, just so they can make a political
point.
"But that is exactly what the legislators in my state have done. In
order to register their disapproval of abortion, they are seeking to turn
doctors like me into criminals. Under this extreme new law, they would
impose a penalty of up to 20 years in prison for continuing to provide my
patients with safe and medically necessary care. However, as we learned
many years ago, restricting or even eliminating abortion services -
whether through laws or other efforts to drive doctors from their practice
- will not stop abortions from being needed, or from being performed. They
will just drive women away from doctors, and will turn those doctors who
continue to care for their patients into criminals.
"That is why I am here. In the brief filed today, we are asking the
Court to strike down Nebraska's law and to reaffirm the liberties that we
Americans hold dear."
