Repeal the NYS Reproductive Health Act
Consider the following:
1. The RHA allows for the on-demand killing of viable unborn children up to 24 weeks of gestation. Modern medical science is clear that unborn children can be viable (capable of survival outside the womb) as early as 21-22 weeks of gestation.
2.The text of the RHA legalizes late-second and third trimester abortions (after 24 weeks gestation) to protect a woman’s “HEALTH” without defining health. Viable unborn children in NY therefore may be aborted for reasons unrelated to a woman's life or physical health, reasons including a woman's age, familial or economic status.
3. The RHA fully repealed NYS Public Health Law 4164. This full repeal allows for an infant born alive during an attempted abortion to die without adequate “medical care,” without a 2nd physician present to care for that child. According to the Journal of Obstetrics and Gynecology and the Centers for Disease Control and Prevention children are sometimes born alive during later-term induced abortions.
4. The full repeal of 4164 also allows for late-second and third trimester abortions to occur in facilities other than hospitals. According to studies, including, Risk Factors for Legal Induced Abortion-Related Mortality in the United States, the "risk of death" for "women obtaining legally induced abortions" "increase[s] exponentially by 38% for each additional week of gestation.”
5. The RHA allows for an undefined group of health care practioners to perform abortions, including surgical, second and third trimester abortions. Studies show that even mid-level health care providers that perform abortions have higher rates of “incomplete abortion,” uterine “perforation” and “hemorrhage” than physicians performing abortions. See, Physician Assistants as Providers of Surgically Induced Abortions.
6. The RHA also removed all references to abortion and unborn children from NYS Criminal Law, and by doing so, removed the only prosecutorial tool available for holding perpetrators of domestic violence accountable for the violent death of wanted unborn children. How could any feminist strip away the right of a woman to prosecute a violent partner for killing her wanted fetus? “Domestic violence is … responsible for increased fetal deaths… .” See, Acknowledging a Persistent Truth: Domestic Violence in Pregnancy.
7. Further, the RHA failed to usher in reasonable abortion standards, including (1) notice to a parent of a minor seeking an abortion, including a later-term abortion, (2) wait periods between the abortion decision and the procedure, and (3) the distribution of credible information regarding the potential psychological risks of abortion. US Supreme Court precedent allows States to enact such standards.