I’ve long retained a vague memory that the Jewish approach to abortion is remarkably close to the view I’ve developed over the years. This is purely coincidental, because I’m not a religious Jew. I’d like to quote at some length from an excellent article on the subject, before I swing into attack mode regarding Barack Obama (footnotes omitted, emphasis added):
To gain a clear understanding of when abortion is permitted (or even required) and when it is forbidden requires an appreciation of certain nuances of halacha (Jewish law) which govern the status of the fetus.
The easiest way to conceptualize a fetus in halacha is to imagine it as a full-fledged human being — but not quite. In most circumstances, the fetus is treated like any other “person.” Generally, one may not deliberately harm a fetus. But while it would seem obvious that Judaism holds accountable one who purposefully causes a woman to miscarry, sanctions are even placed upon one who strikes a pregnant woman causing an unintentional miscarriage. That is not to say that all rabbinical authorities consider abortion to be murder. The fact that the Torah requires a monetary payment for causing a miscarriage is interpreted by some Rabbis to indicate that abortion is not a capital crime and by others as merely indicating that one is not executed for performing an abortion, even though it is a type of murder. There is even disagreement regarding whether the prohibition of abortion is Biblical or Rabbinic. Nevertheless, it is universally agreed that the fetus will become a full-fledged human being and there must be a very compelling reason to allow for abortion.
As a general rule, abortion in Judaism is permitted only if there is a direct threat to the life of the mother by carrying the fetus to term or through the act of childbirth. In such a circumstance, the baby is considered tantamount to a rodef, a pursuer after the mother with the intent to kill her. Nevertheless, as explained in the Mishna, if it would be possible to save the mother by maiming the fetus, such as by amputating a limb, abortion would be forbidden. Despite the classification of the fetus as a pursuer, once the baby’s head or most of its body has been delivered, the baby’s life is considered equal to the mother’s, and we may not choose one life over another, because it is considered as though they are both pursuing each other.
It is important to point out that the reason that the life of the fetus is subordinate to the mother is because the fetus is the cause of the mother’s life-threatening condition, whether directly (e.g. due to toxemia, placenta previa, or breach position) or indirectly (e.g. exacerbation of underlying diabetes, kidney disease, or hypertension). A fetus may not be aborted to save the life of any other person whose life is not directly threatened by the fetus, such as use of fetal organs for transplant.
Trust the rabbis to come up with a humane balance between the interests of the mother and the child. Because my self-developed view so closely harmonizes with the rabbinical view, you can appreciate why I do not believe that Obama, during the 2002 live abortion debate in Illinois staked out a pro-Choice position. Instead, I think he staked out a murderer’s position. You see, I agree with the rabbis — once that child emerges alive, it’s alive. End of story.
With that in mind, please consider Obama’s testimony during the April 2002 Born-Alive proceedings, during which he made it very clear that he thought it would “inconvenience” both doctor and mother if they actually had to be troubled with the burden of ensuring that a living being received humane treatment (all emphasis mine):
OBAMA: Yeah. Just along the same lines. Obviously, this is an issue that we’ve debated extensively both in committee an on the floor so I — you know, I don’t want to belabor it. But I did want to point out, as I understood it, during the course of the discussion in committee, one of the things that we were concerned about, or at least I expressed some concern about, was what impact this would have with respect to the relationship between the doctor and the patient and what liabilities the doctor might have in this situation. So, can you just describe for me, under this legislation, what’s going to be required for a doctor to meet the requirements you’ve set forth?
SENATOR O’MALLEY: First of all, there is established, under this legislation, that a child born under such circumstances would receive all reasonable measures consistent with good medical practice, and that’s as defined, of course, by the … practice of medicine in the community where this would occur. It also requires, in two instances, that … an attending physician be brought in to assist and advise with respect to the issue of viability and, in particular, where … there’s a suspicion on behalf of the physician that the child … may be [viable,] … the attending physician would make that determination as to whether that would be the case…. The other one is where the child is actually born alive … in which case, then, the physician would call as soon as practically possible for a second physician to come in and determine the viability.
SENATOR OBAMA: So — and again, I’m — I’m not going to prolong this, but I just want to be clear because I think this was the source of the objections of the Medical Society. As I understand it, this puts the burden on the attending physician who has determined, since they were performing this procedure, that, in fact, this is a nonviable fetus; that if that fetus, or child — however way you want to describe it — is now outside the mother’s womb and the doctor continues to think that it’s nonviable but there’s, let’s say, movement or some indication that, in fact, they’re not just coming out limp and dead, that, in fact, they would then have to call a second physician to monitor and check off and make sure that this is not a live child that could be saved. Is that correct?
SENATOR O’MALLEY: In the first instance, obviously the physician that is performing the procedure would make the determination. The second situation is where the child actually is born and is alive, and then there’s an assessment — an independent assessment of viability by … another physician at the soonest practical … time.
SENATOR OBAMA: Let me just go to the bill, very quickly. Essentially, I think as — as this emerged during debate and during committee, the only plausible rationale, to my mind, for this legislation would be if you had a suspicion that a doctor, the attending physician, who has made an assessment that this is a nonviable fetus and that, let’s say for the purpose of the mother’s health, is being — that — that — labor is being induced, that that physician (a) is going to make the wrong assessment and (b) if the physician discovered, after the labor had been induced, that, in fact, he made an error, or she made an error, and, in fact, that this was not a nonviable fetus but, in fact, a live child, that that physician, of his own accord or her own accord, would not try to exercise the sort of medical measures and practices that would be involved in saving that child.
Now, it — if you think there are possibilities that doctors would not do that, then maybe this bill makes sense, but I — I suspect and my impression is, is that the Medical Society suspects as well that doctors feel that they would be under that obligation, that they would already be making these determinations and that, essentially, adding a — an additional doctor who then has to be called in an emergency situation to come in and make these assessments is really designed simply to burden the original decision of the woman and the physician to induce labor and perform an abortion. Now, if that’s the case — and — and I know that some of us feel very strongly one way or another on that issue — that’s fine, but I think it’s important to understand that this issue ultimately is about abortion and not live births. Because if these are children who are being born alive, I, at least, have confidence that a doctor who is in that room is going to make sure that they’re looked after.
Did you get all that? “Fetus, or child — however way you want to describe it.” “They’re not just coming out limp and dead.” “Adding a — an additional doctor who then has to be called in an emergency situation to come in and make these assessments is really designed simply to burden the original decision of the woman and the physician.” Those all speak to the man’s ugly mind.
In addition to being an ugly mind, it’s also a dishonest one: “It’s important to understand that this issue ultimately is about abortion and not live births.” In fact, the whole point of the bill was about live births. The legislative scenario was that the legal abortion had ended — badly — and the live birth had begun. This is not a man who is committed to life or hope. This is a man deeply committed to political ideology, come Hell, high water, or murder.
By the way, Andrew McCarthy has written another dead-on article about Obama’s whole role in this affair (that’s where I found the above transcript material), which you can read here.
One other thing: Is it just me, or is The One extremely incoherent? Those who know me personally know that I speak in fully rounded paragraphs. There’s not too much difference between my written and spoken word. Obama, however, reminds me of my worst college professors, with his garbled, inarticulate, illogical, disordered phrasing. Let me repeat one, just one, of his sentences, and you tell me if these are the words of an orator or an idiot:
Essentially, I think as — as this emerged during debate and during committee, the only plausible rationale, to my mind, for this legislation would be if you had a suspicion that a doctor, the attending physician, who has made an assessment that this is a nonviable fetus and that, let’s say for the purpose of the mother’s health, is being — that — that — labor is being induced, that that physician (a) is going to make the wrong assessment and (b) if the physician discovered, after the labor had been induced, that, in fact, he made an error, or she made an error, and, in fact, that this was not a nonviable fetus but, in fact, a live child, that that physician, of his own accord or her own accord, would not try to exercise the sort of medical measures and practices that would be involved in saving that child.
You need a computer by your side to parse that gibberish.
UPDATE: Kathleen Parker offers a good summary of the hugely complicated process the Born Alive bill proved to be in Illinois. Some advance that complicated, delicate history as a defense of Obama’s position — he was just trying to get it right. His statements above, though, indicate that, while he may then have been — and may now be — trying to hide behind the notion of “getting it right,” his actual concerns transcended ordinary humanity and common decency.Email This Post To A Friend
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