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Prenatal manslaughter?

Something to consider, from a question on Facebook about abolishing abortion and my discussionof the human rights of prenatal human beings:

I read the article. It seems filled with potholes to extend personhood to an embryo. Would then a mother who, through negligence, caused death or damage to the embryo, say [by] falling down the stairs or drinking alcohol, be guilty of manslaughter?

My answer:

The prenatal human is undoubtedly a member of our species, correct?

The risk of abusive prosecuters doesn’t negate the human right not to be killed or justify two classes of human beings, some with human rights, some not human-enough. It certainly doesn’t justify the current abortion on demand: New York’s abortion until birth or Vermont’s proposedconstitutional amendment that prenatal humans “shall not have independent rights under law.”

This is where there is a clear physiologic and philosophic difference between negligence after birth and before. There is no other human relationship equivalent to pregnancy and gestation. Before birth, she’s harming herself first, the child secondarily.

Just as some people had to learn to accept the full humanity of emancipated slaves, there will be a learning curve for the full humanity of the prenatal human. We can do better than Reconstruction and much better than Jim Crow.

There’s previous experience taking the unique relationship into consideration. We already deal with children harmed by alcohol abuse or born addicted to illegal drugs every day.

While there have been abuses, like the drug testing of mothers in South Carolina, it has been more productive to treat addiction than to prosecute as crimes.

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Please comment at my Beverly Nuckols Facebook page.

HB 896 Abolish abortion in Texas

#HB896 @TxLeg

The Texas Legislature only meets for 4 months, every other year. Every session, several Bills are introduced that would regulate abortion in our State. Monday night, April 8,the House Committee on Judiciary and Civil Jurisprudence, chaired by Representative Jeff Leach, heard testimony on HB 896, authored by Representative Tony Tinderholt. HB 896 would change Texas law to treat elective abortion for what it is: the intervention intended to kill a member of the human species. The law would require that abortion be treated the same as a felony murder is treated by Texas law: “entitled to the same rights, powers, and privileges as are secured or granted by the laws of this state to any other human child.”

You can watch the testimony in the House Broadcast Archives.

Those of us who believe in human rights must decide whether laws can legitimately divide humans into two classes: those members if our species who are and those who are not human-enough to possess legal, protected (“inalienable”) human rights.

Yes, the law would create complications in a world that’s become accustomed to the act of elective abortion, “spare” human embryos, fetal research on aborted children, and arbitrary “choice” as to which babies live and which are susceptible (in New York State, for instance) to killing on the day before they become citizens by being born.

However, we know how to deal with those complications, because of lessons we learned in our Nation’s history of slavery and the abolishment of slavery. The lives and livelihoods of slave brokers, slave breeders, and slaveholders were disrupted by declaring slavery illegal in the United States, with penalties.

The (dreadful) Supreme Court Dred Scott decision about the status – the “inferior” humanity – of Black slaves has never been overturned by the Courts. In that 1850 ruling, Chief Justice Roger Taney stated that the Constitution affirmed that black slaves were not only property, but “beings of an inferior order” and that they and their descendents could never be citizens of the United States.

Ultimately, a Civil War and Constitutional Amendments 13, 14, and 15 were necessary to outlaw slavery and allow black persons, including former slaves and their children, to become citizens. The 14th Amendment also protected non-citizens, prohibiting laws which “deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.

A Constitutional Amendment may be necessary in this case, too, but I don’t think so, because of the way Roe v. Wade was decided.

Roe v. Wade is the Supreme Court decision that declared that there was a “right” to abortion under the Constitution. Justice Blackmun refused to

“. . . resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, is not in a position to speculate as to the answer.

“Man’s knowledge” has developed since 1973. Philosophers and theologians may still argue (as they do about the civil rights and personhood of neonates, the disabled, and the elderly) but the science is clear. Ultrasounds, MRI’s, and in vitro fertilization have all demonstrated when the life of human beings begins. Just ask the newest technician in the in vitro lab.

As a doctor, I deny that elective abortion is healthcare. I certainly deny that the baby in utero is a part of the body of the mother. It’s not logical to say that the embryo, then the fetus, is not the same organism that we call a baby as soon as he or she is born.

If nothing else, we now have evidence in the form of serial ultrasounds (US) and in vivo MRI’s that demonstrate that human life is a continuum that begins at fertilization.

Even 30+ years ago in training, I saw US used to follow an oocyte from just before ovulation, to the developing embryo in the uterus a few days later. We’ve all seen the US of children as they develop.

Just this month, a research article in the journal Developmental Cognitive Neuroscience reported on sex differences in functional connectivity of neural pathways in the brain, demonstrated by functional MRI of babies in utero.

Questions were raised by the Committee members and citizens alike about a possible death penalty for the felony murder of the unborn child, about women who are coerced into having abortions and whether or not the mother would be charged and subject to penalties.

Well, what penalty does the State impose for procurement of a contract to kill? What charges are brought against the mother who smothers her baby at birth?

It’s true that laws in Texas have never punished the mother who has an abortion. Part of that is out of compassion for the mother who is seen as a victim of circumstances. However, the main reason is that most laws regulating abortion have been passed under the legislation regulating medical practioners and technology, rather than as a civil or human rights issue.

In fact, abortion performed by the mother has always been treated as self-harm, like attempted suicide. But that custom was established before modern information about human embryology. It was long before medical abortion utilizing Mifepristone ( RU486) or methotrexate. We all know now that the mother is not killing a part of her body in an abortion and certainly not when she pays a third party to do it.

I believe that invoking the threat of the death penalty is a red herring. Our homicide laws recognize the right to kill in self defense (for the life of the mother) and mitigating circumstances such as mental illness and in cases of force and abuse by a third party, allowing for different degrees of homicide.

We don’t, however, allow euthanasia or eugenics in the case of born disabled children or give the mother the “choice” to kill by poisoning or distruction of the body of a child who becomes unwanted after birth.

Texas declared the child an individual before birth back in 2003, creating a penalty for third parties who cause the death of a child, except in the case of intentional abortion by a doctor or when the mother herself acts. There have been several convictions under the Texas Prenatal Protection Act.

In light of our expanded knowledge about human biology, it’s time for the Supreme Court to overturn Roe v. Wade and declare what Justice Blackmun deferred: life begins at fertilization and all humans possess human rights that should be protected by the State.

Maybe I’m tilting at windmills, but I would like to see Texas defy Roe v Wade and pass HB 896.

I’ve disabled comments on the blog. Please leave your comments on my Facebook page, “Beverly Nuckols.”

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

“KITTENS,” before humans

I didn’t believe the opinion article by Tony Perkins of the Family Research Council, that claimed that a Democrat who voted against last month’s S311, the “Born-Alive Abortion Survivors Protection Act,” had then submitted a Bill to prevent the euthanasia of kittens used in scientific research. I assumed it was a spoof or hyperbole.

KITTENS before babies

But no, a simple search proved that Oregon’s Dem Senator Merkley absolutely opposed the Act, even posting a press release and giving his reason in Twitter, @SenJeffMerkley

The Act would not have criminalized anyone. It would only reinforce and clarify the 2002 “Born Alive Infant Protection Act,” by requiring the doctor performing an abortion to provide the same care for a born infant who is unexpectantly delivered alive during a late term abortion that would be provided to any other child in the same circumstances.

The CDC estimates that about 150 babies are born alive during abortions, each year, while acknowledging that the estimate may be low.

Merkley came up with a cute name for his Bill: “Kittens in Traumatic Testing Ends Now.” It’s a shame he didn’t give as much thought to human babies.

Please comment on my “Beverly Nuckols” Facebook page.

Rough pro-life waters (#weshootourown)

Calling allies “cancer” and divisive is about as malignant and divisive as it gets!

Mark Crutcher and Troy Newman have co-authored a blog piece over at Life Dynamics that does exactly what they accuse others of doing. They manage to insult sidewalk counselors and Crisis Pregnancy Centers and groups like New Wave Feminists and And Then There Were None. Add in the dark graphics and the sanctimonious, unyielding tone to the accusations, and it’s no wonder our movement hits wall after wall.

What differentiates these two from their designation of “Grandstanders?” Talk about your purity test! 

My instinct as a proponent of “Can’t we all just get along?” was to remember my Mama’s advice: if you haven’t done the bad things they talk about, the scolders aren’t talking about or chastising you. 

And let’s face it, there’s a kernal of truth there: some people are all about power and fundraising and we’ve got to continually educate both new and old activists to focus on our goal of ending abortion.

However, Crutcher and Newman go too far to be too specific and don’t give any consideration – much less kudos – for the possibility that there are effective exceptions within the groups.  While I could point out examples of each of the people they describe, I can easily name more exceptions.

Instead of the negative analogy to cancerous growths, I prefer the picture drawn by my friend, Joe Pojman, PhD., of Texas Alliance for Life

Think of our pro-life efforts as attempts to rescue the unborn and their mothers from the sinking ship that is legalized elective abortion. We each have a boat which we use to make trips to bring as many to safety as we can. Every boat is different: Some boats are old and leaky, some are a bit nicer or newer,more or less efficient or are captained by people who wander around a lot and keep making detours, but none of the boats that we have today is big enough or fast enough to save everyone, so we make trip after trip as fast and efficiently as we can. If some of our sympathisers spend time on the shore shooting holes in everyone else’s boat – or anyone else’s boat – fewer lives will be saved. That’s real “mission drift.”

But we can bail water and plug those holes if they’ll just give us a chance.

Clichés are repeated because they prove true, time after time.  Remember this one: “The enemy of my enemy is my friend.” But do we really “educate” with wide condemnation of the efforts of others who approach our goal from a different angle or do we create more of the very harm we are warning about?

Keep building those coalitions, looking for common ground, and plugging along!

Graffiti philosophy

I visited the “dames” (ladies’ room) at the Sorbonne, and closed the door to find the Rosetta Stone for liberal causes.  The back was covered in hand written graffiti and pre-printed stickers: “My body , my choice, etc.,” “Feminist,  and “solidarité” Sharpied in both French and English, and “Antifasciste” and something about student power (it’s my first day) in printed stickers. There were several calls for “Justice” for different causes and individuals.
My first thought was to write a rebuttal to the “My body” claim, then realized that I didn’t have a Sharpie or regular pen and that I’m still a “good girl” who can’t bear to deface someone else’s property.

Besides that, the inalienable right not to be killed isn’t enshrined in the French founding documents as it is in the Declaration of Independence. And the pro-life community doesn’t have ready little bumper sticker phrases that are well known and convey more than the surface meaning.

Why don’t we? If you could, what would you have printed on a 3×5 sticker to win hearts and influence young minds?

 

The wrong abstinence lesson

About that private Christian high school that refused to allow a girl to walk at graduation. Okay, I get it: you have rules and worry about the influence on younger students.

Yeah, ’cause if your teaching about sin doesn’t prevent other students from premarital sex, not getting to walk at graduation will! Or at least not to let you know about it.

Well, for one thing, this girl has already proven that actions have consequences!

How about the one without sin casting the first stone? Is there no place in your world view for, “Go, and sin no more?”

You’re not celebrating her pregnancy. You’re celebrating her fulfilment of the requirements for graduation. And demonstrating what it means to follow Christ.

 Why not turn this into a lesson on loving the sinner, on promoting life, on the fact that her life isn’t over and even though it will be harder, she can achieve, even without killing her child by intentional interventional elective abortion?

It’s a “March for Life”

powerofone

2017 Theme March for Life

But if you want information about the (correction,  it’s Friday,  not Thursday,  repeat as necessary  ) Friday , January 27, 2017 March, you probably should search for “Anti-abortion March.”

The New York Times managed to “report” that Kellyanne Conway will speak at the 2017 National March for Life in Washington, DC on Friday , without once calling the March by its proper name. The only time the organization responsible for 44 years of the “Anti-abortion March” is named, is when giving the job title of the president of March for Life, Jeanne Mancini.

march-for-life-cropped-white-coat-january-22-2009-016

2009 National Rally for Life

This year’s March wasn’t held on the anniversary of Roe v. Wade, as it has been in the past, due to the inauguration events on Friday and, I suspect, the Women’s March on Saturday. The inauguration events didn’t prevent us from attending the 2009 March the day after Barack Obama was sworn in, but I imagine the concern about the two opposing groups clashing in front of the Supreme Court was just too much this year.

Friday  is probably not the best day for families, school groups and people who have regular jobs, but I expect it will be well attended, since we’ve been promised a “heavy administration presence.” There have been related Marches for Life all over the country all week (Idaho, San Francisco, Tulsa and Raleigh, where it was noted that both the Women’s March and the March for Life were held at the same time – but across town from one another.)

mygenerationYou might also search for “Rally for Life,” as the Texas Rally for Life will be held in Austin on Saturday, January 29.  Beginning at 12:00 – 1:00 PM, marchers will gather at 18th & N. Congress Ave. and then begin the short march to the South Steps of the Texas State Capitol.

(Edited to correct the day of the week of the March for Life in Washington,  DC.  BBN) 

Honk if you love pizza and abortion!

​Perfect pro-abortion slogan: “Honk if you love pizza and abortion!”


Because, equivalent, yes? And illogically proud of it – see the young woman in the left lower quadrant. That sign certainly is evidence that “reproductive rights” advocates are, indeed, “pro-abortion.” 

The Texas Tribune is providing its usual biased coverage of the Texas Legislature. The editors allowed the banality of a pro-abortion sign equating the love of abortion and pizza to creep into their report on the fears of the groups who make a profit from ending the lives of the most vulnerable humans and their advocates. 

There’s no logic in claiming that an abortion doesn’t end the life of a human. With current science and technology, it’s anti-science to make such a claim. Proponents of elective abortion deny that every human is endowed with inalienable rights. Instead, they defend the falsehoods that embryos and fetuses are less than human and definitely not human-enough to possess inalienable human rights. 

As to the complaints about insurance coverage for abortion? It’s called, “Elective abortion.” Insurance shouldn’t pay for “elective” procedures. And seriously: “a rider” to pay for elective abortion?  How fiscally responsible is that?  

“Heart” if you (heart) graphic proof of illogic and irresponsibility

I hope you can recall this

The future includes so much more than a 10 year old video, for people who don’t have memory problems.

Forget the Clinton’s sale of nights in the Lincoln Bedroom and misplaced furnishings from the White House and, later, the State Department offices. Go ahead, laugh at the “Reset button.”

But don’t forget the pay-for-access that continues to this day. Please don’t dismiss Clinton’s complicity with the sale of US uranium and her own dismissal of the deaths of four Americans at Benghazi or of “our posterity” in the case of the unborn children whose lives are ended by elective, intentional abortion.

These recollections make a difference today and for the future.

What place will there be in a Clinton II Administration for people who oppose abortion or who prefer to continue to include “under God” in the Pledge of Allegiance? Can we tolerate another 4 years of IRS discrimination against conservative non-profits? Do we need to have more lawsuits against nuns or regulations forbidding Christians from praying in the name of Jesus?

We certainly won’t be invited to any closed door meetings on HillaryCare. And there’s no telling how many boxes of FBI files and billing records will disappear never to be “recalled” if Clinton gets another shot at the White House.

I would much rather hold Donald Trump to his promises than watch Hillary Clinton keep hers.

Beverly B Nuckols, MD

RedState vs. Pro-life

There is only one candidate on the November ballot for President this year who states that he is pro-life.  Even if Donald Trump is inconsistent – and he is, I’ll admit – the fact is that Hillary Clinton and Gary Johnson are very consistent in their advocacy for legal elective abortion. Trump may have said that Planned Parenthood does good work, but Clinton campaigns with Cecile Richards.

RedState has lost all relevance as a reliable source for conservative commentary, in their zeal to defeat Donald Trump.

First, the moderators began banning commenters who simply questioned RS authors during the Primary. Now,  Discus and comments have disappeared entirely  from the site, and any public feedback  is moved to the ephemera on Facebook. 

The latest supposedly #NeverTrump move is an attack on pro-life
organizations by the editor, Leon Wolf, who once stated that he would vote for Clinton over Trump in a close race for President. 

Yes, Pro-life Bills are often weak, incremental compromises. We face the reality of needing to win at least some Dem votes and the probability of vetoes. The Press invariably paints usas evil. As Wolf pointed out – and the Supreme Court ruling on Texas’ HB2 clearly showed – the current Courts are stacked against us.

One of my friends acknowledged the weak Bills and compromises that our legislative efforts sometimes become, likening our efforts to lifeboats.  Rather than big, shiny, well-crewed ships to use to rescue the unborn, we are forced to borrow any thing that floats. Our crafts are ugly and leak, and we constantly have to worry that we will sink. This is all we have, but we go back again and again, to rescue as many as we can without each trip.

Leon Wolf just shot a few new holes in our efforts, from his safe harbor at RedState.

Human rights for this class of persons?

How human is human enough for human rights?

Justice Taney on slavery, in the ruling on the Dred Scott case:
“”

The question before us is, whether the class of persons described in the plea in abatement [people of Aftican ancestry] compose a portion of this people, and are constituent members of this sovereignty? We think they are not, and that they are not included, and were not intended to be included, under the word “citizens” in the Constitution, and can therefore claim none of the rights and privileges which that instrument provides for and secures to citizens of the United States. On the contrary, they were at that time considered as a subordinate and inferior class of beings, who had been subjugated by the dominant race, and, whether emancipated or not, yet remained subject to their authority, and had no rights or privileges but such as those who held the power and the Government might choose to grant them. “

Nevertheless,  today’s Supreme Court hearing didn’t deal with the question of whether the zygote/embryo /fetus is human enough. It dealt with the regulations for abortion businesses and the doctors who work for them. These are essentially the same rules imposed on Federally Qualified Healthcare Centers.

Doctors must offer continuing care and the buildings should allow safe egress and sanitary standards of care.  The challenge is against State protections for the women who have chosen abortion.

Posted from WordPress for Android. Typos will be corrected!

“Inaccurate and misleading” (Cruz attacks on Rubio)

At the Faith and Family conference, Senator Ted Cruz claimed that Senator Marco Rubio had not supported the defunding of Planned Parenthood by not voting against the annual budget vote in September, 2015.

I don’t know if most of my readers can understand what a big step it is for a group like National Right to Life to enter into this political debate between pro-life candidates. However, this accusation was enough to cause this statement to go out, as reported by Andrew Bair, @ProLifePolitics :

https://mobile.twitter.com/ProLifePolitics/status/698321269687775232/photo/1

“The following may be attributed to Carol Tobias, president of National Right to Life:tobias feb 2016

“Marco Rubio voted to defund Planned Parenthood before Ted Cruz ever got to the U.S. Senate (see roll call on H. Con. Res. 36, April 14, 2011). Since Ted Cruz joined the U.S. Senate, both he and Sen. Rubio have voted the same on every roll call that National Right to Life regards as pertinent to defunding Planned Parenthood. To suggest that Rubio voted wrong or missed meaningful votes on the Planned Parenthood issue is inaccurate and misleading. National Right to Life is pleased that all of the major Republican candidates for president, Sens. Rubio and Cruz included, have stated that, if elected, they would work to derail Planned Parenthood’s government gravy train. “

Jury Indicts Two Antiabortion Activists Linked to Planned Parenthood Videos – WSJ

Ethics 101: The man and woman who were indicted for their actions exposing the harvesting of baby parts by Planned Parenthood were doing our duty to protect the right to life.

Rights impose duties on third parties, privileges do not.

Abortion, especially elective abortion of healthy babies in healthy mothers, is not a right. It is an illicit privilege granted by an act of law. No one has a duty to enable or act to cause an elective abortion at the request of a woman.

It is an illicitprivilege, since the right not to be killed is an inalienable right. Each of us in society has a duty imposed by that right to prevent its infringement.

http://www.wsj.com/articles/grand-jury-indicts-2-anti-abortion-activists-linked-to-planned-parenthood-videos-1453761641

 

Edited 1/27/16 to clean up grammar and add links. BBN

The Ethics of Texas’ Advance Directive Act

Laws relating to medical ethics debates are generally behind medical advances.

Unfortunately, those debates often become emotional and heated, and the individuals who are affected often face the “hard questions” of ethical dilemmas while reacting to life and death emergencies. When law-making is controversial, it’s best to go back to the basics of ethics for guidance: the inalienable rights to “Life, Liberty and the Pursuit of Happiness,” the Declaration of Independence, and Constitution.
All laws limit our rights, but good laws are based on the fact that these inalienable rights are negative rights: they are meant to prevent one person – or the government – from infringing the rights of another. Ethical laws strike a balance between seemingly conflicting rights. They prohibit or punish harmful actions, but they don’t compel a desired action against the will.
However, since there is a hierarchy of rights (the right to life trumps the right to liberty and property, liberty trumps property, etc.), there are very rare circumstances when it is appropriate for laws to compel individuals to act for the benefit of another. These laws should only go so far as to protect the life and freedom of the vulnerable patient or client, for a limited time with the goal of allowing safe transfer of the obligation to someone else.

For instance, parents are required to care for and protect their minor children since they are helpless and unable to legally consent or make contracts. And State laws require that doctors and lawyers be licensed, obtain certain levels of education, and follow specific, positive actions when they wish to withdraw from a professional relationship with or refuse the request of a patient or client.
That brings us to the controversy over the Texas Advance Directive Act of 1999 (“TADA” or “the Act”). In addition to describing “Advance Directives to Physicians” (also known as a “Living Will), TADA also attempts to outline the procedure for resolving any disagreement between a doctor and patients or their surrogates regarding medical treatments, especially concerning end of life care.
When I first read the Act, I (naively) thought it was malpractice protection for doctors who did not want to withdraw or withhold care. There have actually been a few “wrongful prolongation of life” lawsuits against doctors who – knowingly or not – used CPR when the patient had a Living Will.
Most of the time, however, TADA is invoked when the attending physician “refuses” a request to actively administer medical treatment that he or she believes is medically inappropriate. The steps laid out in the law involve the doctor’s notification of his refusal to the patient or the surrogate, the rules for assisting with transfer of care to another doctor who believes the treatment request is appropriate, and asking for a medical or ethics committee to be convened at the hospital. If no other willing doctor can be found and the committee agrees with the doctor, the treatment can be withheld or withdrawn (after 10 days). During that time, full life-sustaining treatment must continue and the hospital is required to provide medical records and to actively assist in looking for another doctor and/or hospital.

The law does never allow patients to be killed by intentionally stopping breathing. The law does prohibit withholding of pain medicine or comfort care and the removal of “artificially administered nutrition and hydration.”
Medical judgment is how doctors utilize our education, experience, and consciences as we plan and anticipate the effect of each medical intervention or treatment. “Life sustaining treatments are not “basic” or “usual care.” Nor are they one-time events without consequences. The interventions require a physician to administer and maintain. They must be monitored by observation and tests, and adjustments need to be made intermittently so that the treatment is effective and not harmful. They may lead to further more invasive and aggressive interventions and the need for the skills of other doctors in other specialties.

In some cases, patients and their advocates report trouble finding other doctors willing to provide the treatment that the first doctor thought was inappropriate. In my opinion, that difficulty is due to physicians’ common education and shared experiences – to medical reality, not ill intent.

Texas law is clear that only doctors may practice medicine by diagnosing and treating patients directly or “ordering” other medical personnel. Although TADA outlines specific duties for hospitals and hospital medical or ethics committees who determine whether or not the care is medically inappropriate, the process can only be invoked by the “attending physician” who is being asked to act against his medical judgment. The committee acts as a safeguard, to uphold medical ethics and the standard of medical care. In a formal meeting, the committee members review the case and either agree or disagree with the doctor as to whether he or she is correct about what is “medically inappropriate” treatment, for the patient.

Unfortunately, the Act has become known as the “Texas Futile Care Law,” and divides even the pro-life community. One side claims that doctors, hospitals and hospital committees are biased and should not be allowed to determine medically inappropriate care, and that doctors are obligated to give any and all desired treatment “until transfer.” Others want each case to go to court, where lawyers, judges and juries would settle every difference of opinion about “medically appropriate treatment.”

Ultimately, even the lawyers would need to consult doctors, unless the judges start writing orders for doctors, nurses, and medical professionals.

Our laws normally prohibit actions and only very rarely compel people to act. Under the conditions laid out in TADA, it is possible that the doctor can be forced to act against his medical judgment, but only for a limited, stated period of time. TADA is an attempt to balance conflicting rights: the patient’s wishes for medical intervention with liberty of the physician to practice medicine to the best of his judgment and conscience.

(Edited 03/11/18 to add a missing quotation mark. BBN)

Texas Supreme Court Rules on Judicial Bypass for Minors’ Abortions

I am glad that the rules are explicit about the duty to report sexual or physical abuse.

Here’s a statement from Texas Alliance for Life, with links to the ruling:

Austin, TX — Today the Texas Supreme Court released rules for how courts handle judicial bypass proceedings regarding secret abortions on minors girls without parental notification or consent. The rules were created in response to HB 3994, authored by Rep. Geanie Morrison (R-Victoria) and sponsored by Sen. Charles Perry (R-Lubbock) and strongly supported by Texas Alliance for Life.

The following statement is attributed to Joe Pojman, Ph.D., executive director of Texas Alliance for Life:

We are pleased with the Supreme Court’s strong rules regarding the judicial bypass process for abortions on minor girls. These bring to fruition a 10-year effort by Texas Alliance for Life and a coalition of pro-life organizations to protect minor girls in Texas from abortion. In 2005, the Texas Legislature passed a bill requiring doctors to obtain the consent of a parent before performing abortions on minor girls. In 2015, the Legislature passed, and Gov. Abbott signed into law, HB 3994 to reform the judicial bypass process by which a judge can allow abortions on minors without parental consent. The reforms closed loopholes and increased protections for the minors from abuse. The Texas Supreme Court has faithfully implemented House Bill 3994 in a way that will best protect the well being of minor girls.

Here is a link to the Texas Supreme Court’s order issuing the rules: http://www.txcourts.gov/media/1225647/159246.pdf.

HB 3994 was one of five major pro-life bills and numerous other pro-life provisions passed in 2015. Here is a summary.

 

Lawyers, politics, and end of life

      Two days before Christmas, 46 year old Chris Dunn died in the ICU at Houston’s Methodist Hospital. Almost everything you’ve read and heard is a deliberate, political skewing of the facts.

Texas Right to Life turned Mr. Dunn’s imminent death from metastatic pancreatic cancer into a crusade against the Texas Advance Directive Act (TADA or the Act). The Act is invoked by the attending doctor – not the hospital or ethics committee – when family members demand that he or she perform acts that go against the conscience because they are medically inappropriate, causing the patient to suffer without changing his course.

In this case, the mother and father disagreed with one another about the care plan and the patient was unable to make legally binding decisions. The father agreed with Mr. Dunn’s doctors that the treatment was causing suffering, objected to surgery to place a tracheostomy, and wanted hospice and comfort care. The mother wanted dangerous, painful procedures performed that would not change the medical outlook except to possibly hasten death.

And, unless you read the court records, you wouldn’t know that the judge ruled that Chris was not mentally competent to make his own medical decisions, that the hospital never wanted guardianship and had voluntarily promised to continue care until the guardianship could be settled.  In fact all the lawyers, including the Texas Right to Life representatives,  signed off on an agreement acknowledging this promise on December 4th.  Abatement agreed Dec 4 2015 ( The official court records are available to view free of charge online at the Harris County District Clerk’s website as protected pdf images. See Family case number 2015- 69681.)

Inflammatory headlines falsely claimed that “the hospital” had imposed a “death sentence,” and was actively trying to kill Mr. Dunn by refusing to diagnose, treat or even give a prognosis.  That same blog post mentioned non-standard treatments that some in the family were demanding.

First of all, of course there was a diagnosis. Several, in fact. From the signed affidavit of Mr. Dunn’s attending physician, filed December 2, 2015 in response to the law suit:

“Based on my education, training, experience, as well as my care of Mr. Dunn, I, and members of my team, have advised his family members that Mr. Dunn suffers from end stage liver disease, the presence of a pancreatic mass suspected to be malignant with metastasis to the liver and complications of gastric outlet obstruction secondary to his pancreatic mass. Further, he suffers from hepatic encephalopathy, acute renal failure, sepsis, acute respiratory failure, multi-organ failure, and gastrointestestinal bleed. I have advised members of Mr. Dunn’s family that it is my clinical opinion that Mr. Dunn’s present condition is irreversible and progressively terminal.”

The primary diagnosis was metastatic pancreatic cancer. The cancer was a mass that blocked the ducts and blood vessels coming from the liver as well as the normal function of the intestines. As liver excretions backed up into the liver and the blood pressure in the liver increased, Mr. Dunn suffered a life-threatening gastrointestinal bleed, fluid buildup in the abdomen and lungs, and sepsis (an overwhelming infection). All of these would aggravate respiratory failure, the necessity  of a ventilator and lead to the kidney damage. Liver failure often results in hepatic encephalopathy  and variable delirium.

There was definitely treatment given, including tube and IV feedings, antibiotics, the ventilator, and periodic removal of the abdominal fluid. Again, this was all publicly documented in Court documents, in the media and even on the Texas Right to Life blog that claimed that “Houston Methodist has invested no time or effort in Chris’s health, instead exerting their energies into trying to kill him instead.” [sic]

The Intensive Care doctors as well as the Biomedical Ethics Committee, met with the parents to explain Mr. Dunn’s condition and his prognosis. The family was given notice before the Committee hearing and met with the (not at all “nameless” or “faceless”) Committee to discuss their (differing) wants. Thirty days’ worth of medical records, a hospital case worker and assistance in finding alternative care were made available to the family.

Then, there’s the complaint about the limits on visitors and videotaping. It is not unusual to limit Intensive Care Unit visits to specific times and to allow only close family, especially when the patient can’t consent and there is contention among family members. It is certainly standard to prohibit filming in the Unit, since patients are visible from one area to the next, in various states of undress and undergoing constant or frequent *intensive* treatments.

(BTW, one of the lawyers in the TRTL ICU video proves the basis for the rules: he is not compliant with the usual isolation procedures. Former Senator Joe Nixon didn’t wear the protective gown at all correctly, risking the introduction of infectious contamination into the room and/or taking germs home with him.)

It’s very unusual for patients on a ventilator to be conscious because of the severe discomfort associated with the foreign body – the breathing tube – that is necessary in the airways. It’s difficult to believe that anyone would complain about sedating Mr. Dunn in order to bypass his gag reflex.

Finally, the standard of care in advanced metastatic pancreatic cancer is pain relief and palliative support. The surgery to remove a pancreas is extremely dangerous for even healthier patients. As Mr. Dunn had already had an episode of bleeding and both liver and kidney failure, it’s likely that even a biopsy of the pancreatic mass or liver, much less surgery, would have caused more life-threatening bleeding. With liver and kidney damage, he wouldn’t have been able to tolerate trials of radiation or chemotherapy, either.

In fact, the doctors and nurses gave excellent treatment all along, as shown by his survival beyond the average for patients who presented in such a precarious state and acknowledged by Mrs. Kelly in her statement after Chris’ death.

The truth is that Methodist never made plans to “kill” Mr. Dunn. Mr. Dunn was never in danger of the hospital “pulling the plug.” The real problem was a disagreement between Mr. Dunn’s divorced parents over who would legally make medical decisions. That rift is bound to have been made worse by TRTL and the lawyers turning Chris’ illness into a public political battle. The accusations about euthanasia, killing and murder may cause other future patients harm, if they are reluctant to seek care because of these stories.

Chritianity is self-sacrifice, not killing others

The Colorado policeman who was killed Friday, Garrett Swasey, is the Christian, pro-life man we should all be talking about.

Greater love has no one than this, that someone lay down his life for his friends. John 15:13

On the blog, Cripple Gate, Jonathan Standbridge has posted excerpts from officer Swasey’s last sermon. Mr. Standbridge notes that one of the tenants of the church where Swasey was an elder, is to oppose elective abortion as the taking of human life.

And yet, Officer Swasey put his life in danger for, and died as a result of, an attempt to protect the occupants of that Planned Parenthood business!

The frequent justification for elective abortion is utilitarian: we are told that in the interest of the greater good, the mother must sacrifice her unborn child in order to have a better life. Officer Swasey, in contrast,  sacrificed himself for the lives of others.

There should be no more talk about pro-life “zealots,” “killers,” or “haters.” Instead, remember Garrett Swasey and how he served Christ and even the people of Colorado Springs with whom he disagreed on abortion.

For while we were still weak, at the right time Christ died for the ungodly. For one will scarcely die for a righteous person—though perhaps for a good person one would dare even to die— but God shows his love for us in that while we were still sinners, Christ died for us.Romans 5:6-8

Dreams of 2017

What “executive priorities” would you like to see implemented by Executive Order of the new Republican President, beginning January 20, 2017?

Even as a “dream,” it’s not easy to write all this. It’s easy to see the objections and possible pitfalls. I need help. I suggest not enforcing any law that can’t be justified in 2 to 3  sentences, using “Life, liberty and the pursuit of happiness” and a plain reading of the Constitution and the Bill of Rights. No “penumbras,” no nuances. Make it plain and transparent enough that even Gruber’s criteria of  “the stupidity of the American voters” is met.

Same 90 day deadline Obama set for his immigration fiat?

Here’s a short list:

  • Close the border.  Should we deport the “over-stayers” and those on Obama’s “deferment” lists?
  • The IRS should phase out, shut down, beginning with Obamacare enforcement.
  • The Secret Service will limit it’s scope to protection of dignitaries.
  • Tell the EPA, OSHA, EEOC, HHS, Education Energy and others to plan on shutting down as States take over their functions – the way the States want to do those functions.
  • Foreign aid should be held until Congress makes new, individual appropriations.
  • Any aide that goes to abortion-favorable services stops immediately.
  • ?????

 

Fifth Circuit upholds Texas abortion regulations (HB 2)

Here’s a link to the ruling https://www.texasallianceforlife.org/wp-content/uploads/HB2-Stay-Ruling-CLEAN.pdf

Unfortunately, the Court allowed the El Paso abortion business to stay open, even though currently half of women seeking abortion travel to near-by New Mexico abortion businesses. Those women who go to the El Paso business will not have the protections guaranteed other women in Texas:

  “Because of the long distance between El Paso and the nearest in-state abortion clinic, as well as the doubt that Jackson casts on whether we may
look to out-of-state clinics, the State has not shown a strong likelihood of success on the merits of the challenge to the physical plant requirements of
the ambulatory surgical center provision as applied to El Paso. Thus, the district court’s injunction of the physical plant requirements of the ambulatory surgical provision will remain in force for El Paso.”(Page 29)

Hopefully, women (and men) will protect themselves from unintended pregnancies now that more travel is involved to reach the abortion business sites.


If there is a market for the abortion businesses in other areas of the State, they will adapt. And Texas will prove whether or not there’s that market.

Cheering free speech Supreme Court decision, Christian doctors warn of government enforcement of ideology : Resources : Christian Medical & Dental Associations

The 15,000-member Christian Medical Association, which along with other faith-based organizations had filed a friend-of-the-court brief in a U.S. Supreme Court case examining free speech and assembly rights, lauded the decision announced today in the case, McCullen v. Coakley.

“The Court simply reaffirmed that the First Amendment’s protection of peaceful speech and assembly is a cornerstone of this nation,” explained CMA CEO Dr. David Stevens. “Hopefully such decisions will begin to address the alarming growth of coercive assaults on the free speech of anyone deemed not politically correct by the government.”

The brief, submitted by the Christian Legal Society, sought to counter a Massachusetts law that had attempted to ban peaceful pro-life speech on public sidewalks, by prohibiting many citizens from entering a public street or sidewalk within 35 feet of an abortion facility.

“The fact that the government was bent on not only banning peaceful speech and assembly, but also penalizing its citizens with fines and jail, demonstrates the type of coercion that can happen when governments decide to enforce their own ideology,” stated Dr. Stevens.

via Cheering free speech Supreme Court decision, Christian doctors warn of government enforcement of ideology : Resources : Christian Medical & Dental Associations.

“Buffer zone” Unconstitutional #Stand4Life #Prolife rules

This should have been obvious, but now it’s the ruling of the Court. Good news

Developing: The U.S. Supreme Court has ruled that a Massachusetts law banning abortion-clinic protests within a 35-foot buffer zone violates the First Amendment rights of protesters, SCOTUSblog reports.

The court was unanimous in its judgment. Chief Justice John G. Roberts Jr. wrote the opinion (PDF) for the court.

An earlier Massachusetts law had established a six-foot “no approach” zone around abortion clinics that barred leaflets, signs and counseling of persons within the zone absent their consent. It was replaced in 2007 with the new law generally barring people from public sidewalks and public ways within 35 feet of abortion clinics. (People entering the clinics, employees, police and people who happened to be walking by were exempted.)

SCOTUSblog founder Tom Goldstein has this analysis: “The upshot of today’s ruling is that an abortion clinic buffer zone is presumptively unconstitutional. Instead, a state has to more narrowly target clinic obstructions. For example, the police can tell protesters to move aside to let a woman through to the clinic. But it cannot prohibit protesters from being on the sidewalks in the first instance. If in practice protesters still are obstructing the entrance, then it can consider a broader restriction.”

via 35-foot buffer zone for abortion-clinic protests violates First Amendment, SCOTUS rules.

 

From the majority opinion:

But petitioners do not claim a right to trespass on the clinics’ property. They instead claim a right to stand on the public sidewalks by the driveway as cars turn into the parking lot. Before the buffer zones, they could do so. Now they must stand a substantial distance away. The Act alone is responsible for that restriction on their ability to convey their message.

 

Updated to add the quote. BBN 6/26/2014 10:45 AM

Choice vs. Prayer (obscene gesture) #Stand4Life

Today is the one year anniversary of mob and chaos that Leticia Van de Putte and Wendy Davis initiated and encouraged when the Texas Senate began to vote on a law to prohibit abortion after 20 weeks and require doctors who perform abortion to have privileges at a nearby hospital and to use the FDA guidelines that they agree to use before becoming eligible to This was the response of one woman to prayer and a crucifix last year at the Texas Legislature.

The women were following the leader of a man who shouted, “Whose choice?” by chanting “My choice.”It strikes me as odd that every time I witnessed one of these chanting/response sessions, a man was leading the women. That’s not the version of feminism I expected.

 

This picture came from a video that I took on July 2, during House testimony on HB5, which later became law prohibiting abortion after 5 months and protecting women who chose to undergo abortion.

Cropped Choice vs prayer2

Sen. Deuell challenges Texas Right to Life over “slanderous” ads | Dallas Morning News

Remember: Senator Bob Duell was instrumental in convincing the medical community to adopt voluntary procedures to protect patients and families affected by the Texas Advance Directive Act, even though actual amendments to the law have been blocked by the very people attacking him.

How much “freedom” does a third party Political Action Committee have in their paid ads? Is it wrong to challenge them legally when the ads are blatantly false?

In this case, the ad opens by implying that Senator Duell is responsible for the too-short 10 day period allowed to find alternate care when the family or patient disagrees with the doctor at the end of life.

Senator Duell was not in the Senate when the Texas Advance Directive Act was passed in 1999. Members of the PAC, Texas Right to Life, were present and lobbied in favor of the Act.

In contrast, Senator Duell has for years been a strong advocate for amendments that would have increased the power of families to protect their loved ones in the case of disputes with the doctor.  The amendments would have changed the waiting period to at least a month before any disputed decisions by the doctor would take effect.

As to the challenge, Senator Duell has excellent support for his case:

The Texas Catholic Conference and Catholic Bishops of Texas, who supported Deuell’s bill, have debunked the claims. They said that Texas Right to Life “has tried to stoke fear through ridiculous claims of non-existent death panels and assertions that doctors are secretly trying to kill patients. Both claims are absurd.” The Catholic Conference also ripped Texas Right to Life for spreading “fabrications” about the position of Catholics on the issue.

via Sen. Deuell challenges Texas Right to Life over “slanderous” ads | Dallas Morning News.

Van De Putte doesn’t represent Texas voters (Planned Parenthood)

We are beginning to hear how great for the State of Texas it is that Leticia San Miguel Van De Putte will be the Democrat nominee for Lieutenant Governor in November. The story is that she will cause more Latinos to register to vote in the hopes that she will represent the 38% of Texas voters better than the Anglo man who will be nominated by the Republican Party.

Think so? I don’t.

Democrat Senator Judith Zaphirini nominated Senator Leticia Van de Putte for Senate President Pro Tempore on the opening day of the Texas 83rd Legislature on January 8, 2013:

Zaphirini speech, Opening day 2013 Texas Senate

http://tlcsenate.granicus.com/MediaPlayer.php?view_id=9&clip_id=284
Move the cursor to 45 minutes in, when Senator Zaphirini introduces Leticia Van de Putte’s children and grandchildren. Listen to the words, watch the faces around her.
“Six children, six grandchildren! What blessings! I’m not sure at what point in time Senator Van De Putte became such an advocate for Planned Parenthood, but her children are so glad that it wasn’t earlier than it actually was.”

Conservative answers about small government and marriage

Wedding cakeLibertarians within the Republican Party and Republicans who are called “moderate” because they aren’t social Conservatives claim that we will win over more voters and that it’s hypocritical of small-government Conservatives to use government to define or license marriage.
Radio talk show host and commentator Dennis Prager destroyed the claim that Republicans could win elections by dropping our social conservative platform planks in his recent essay :

“To respond to the first argument, it is hard to believe that most people who call themselves fiscal conservatives and vote Democrat would abandon the Democratic Party if the Republican Party embraced same-sex marriage and abortion.
“The left and its political party will always create social issues that make Republicans and conservatives look “reactionary” on social issues. Today it is same-sex marriage, the next day it is the Republican “war on women,” and tomorrow it will be ending the objective male-female designation of Americans (Children should have the right to determine their gender and not have their parents and their genitalia determine it, even at birth). Or it will be animal rights, race-based affirmative action or an environmentalist issue.”

Contrary to the claims of those libertarians, traditional marriage of one man and one woman encourages smaller, not larger, government. State marriage licenses prevent the need for a formal legal contract (and a lawyer) before marriage in order to clarify the mutual duties and rights of spouses, inheritance, and a myriad of paternity/maternity rights within intact marriages, at death, and on dissolution of the marriage. Recognizing that not all marriages result in children, the laws do recognize the State’s “compelling interest” in defending the child’s right to life, liberty and property.

While some (on the Right, as well as the Left) might favor laws making entering into a marriage as burdensome and expensive as divorce, many people would simply cohabit. When they go their separate ways – or if one dies – without a marriage license, the Courts will still determine the separation of property and child custody. At best, the new burden will be added to the old. Or, more likely, whole new layers of court rulings and State or Federal legislation would have to be added to replace current law.

There are strong historic, biologic and societal reasons behind the support for defending the Conservative definition of marriage. The new definition is not clear-cut and has very little history. However, the proponents of gay marriage are seeking not only all of the legal – government – benefits and protections afforded traditional marriage, as well as special protection from those same governments to coerce everyone with a business license into participating in their nuptials. There’s nothing “small government” about “getting the State out of the marriage.”

Fifth Circuit Paves Way for Supreme Court Showdown on Chemical Abortion Regulations | National Review Online

The Fifth Circuit pointed out that Planned Parenthood offered no real evidence to support its challenge to the Texas provision. On the other hand, the State provided ample medical evidence to support the regulation. Citing the State’s expert Dr. Donna Harrison, the court noted that the FDA approved the RU-486 regimen with restrictions, including a patient agreement that requires the woman (and the physician) to confirm that she is no more than 49 days pregnant.

Further, the court rejected Planned Parenthood’s claim that chemical abortion is necessary for some women who cannot undergo surgical abortion—noting that the abortion giant provided no real evidence for that claim. To the contrary, Dr. Harrison testified that 6 percent of chemical abortions fail and eventually require surgery, meaning that it would be medically irresponsible for a physician to administer a chemical abortion to a woman for whom a later surgical abortion might be contraindicated.

It’s important to note that the decision marks one of the most straightforward applications of the Supreme Court’s 2007 Gonzales v. Carhart decision. Citing Gonzales, the Fifth Circuit concluded that the Texas chemical-abortion regulation does not require an exception for the life and health of the woman because the group of women who allegedly “need” chemical abortions (those for whom Planned Parenthood claimed surgical abortion is contraindicated) was vague and undefined, because Planned Parenthood failed to provide any evidence that such a group of women even exists, and because, as highlighted by Dr. Harrison’s testimony, there is disagreement regarding whether chemical abortions are “safer” for these women when subsequent surgical abortion—alleged to be dangerous for such women—may be necessary.

via Fifth Circuit Paves Way for Supreme Court Showdown on Chemical Abortion Regulations | National Review Online.

Texas abortion restrictions withstand legal challenge – San Antonio Express-News

Great news. If there must be abortion, and it’s “between a woman and her doctor,” shouldn’t the doctor have hospital privileges to care for complications? Or does he cease being “her doctor” when she needs him most?

A federal appeals panel on Thursday overturned a lower court decision that had deemed a portion of Texas’ controversial sweeping abortion restrictions as unconstitutional.

A three-judge panel of the 5th U.S. Circuit Court of Appeals had already temporarily lifted a district court injunction that blocked a state provision requiring abortion doctors to get admitting privileges at nearby hospitals from going into effect.

Thursday’s ruling gives Texas the green light to continue enforcing the provision on a permanent basis.

via Texas abortion restrictions withstand legal challenge – San Antonio Express-News.

Federal Judge overturns Arkansas law

More of the oligarchy that passes for Courts these days: un-elected judges acting as though the Constitution gives the big questions to the appointed members of the Judicial branch, leaving only the small, inconsequential decisions to the People and our duly elected representatives.

A Federal judge has ruled that “non-viable” human beings – healthy babies in healthy mothers who are exactly what they should be at that stage of life – are not endowed with the inalienable right to life.

Wright left in place a portion of the law that requires doctors to check for a fetal heartbeat and to notify the pregnant woman if one is present.

Gov. Mike Beebe, a Democrat, had vetoed the bill, citing the viability standard. But Republicans, controlling the Statehouse for the first time since Reconstruction, overrode him with a simple majority vote.

 

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