Trump’s Attack On Late-Term Abortion Is Unconstitutional, Ignorant, And Fueled By Right-Wing Media

Trump’s Attack On Late-Term Abortion Is Unconstitutional, Ignorant, And Fueled By Right-Wing Media

“Partial-Birth” Abortion Is A Right-Wing Media Myth Used To Completely Eliminate Abortion Access After 20 Weeks

Blog ››› ››› SHARON KANN

During the final presidential debate, Republican nominee Donald Trump invoked the right-wing media myth of “partial-birth” abortion to falsely allege that Democratic nominee Hillary Clinton supported abortion procedures that “rip the baby out of the womb in the ninth month [of pregnancy.]”

Trump’s “scare rhetoric” about so-called “partial-birth” abortion is both misinformed and problematic, but the issue goes beyond his repetition of this particular stigmatizing, anti-choice talking point. Media take note: Trump isn’t just echoing right-wing media myths about abortions occurring moments before live full-term birth; he’s using them to advocate for an unconstitutional ban on all abortions after 20 weeks.

If elected, Trump has promised a panacea to right-wing media’s favorite anti-choice complaints: He’s promised a “national ban on [all] abortions after 20 weeks,” committed to “defunding Planned Parenthood,” and even pledged to appoint “pro-life justices” who would “automatically” overturn Roe v. Wade.

Trump’s anti-choice agenda, much like the right-wing media myths at its foundation, fails to account for the realities of abortion, or those who have them.

The term “partial-birth” -- and by extension Trump’s misleading description -- is a fiction conjured up by anti-choice groups to vilify and shame individuals who have an abortion later in pregnancy. Although approximately 99 percent of abortions in the United States take place before the 20th week of pregnancy, the Supreme Court has explicitly protected the right to an abortion beyond this point when the life or health of the mother is endangered. As a result, some courts have rejected late-term abortion bans that either exclude these exemptions or attempt to restrict abortion prior to the point of fetal viability.

For Trump and right-wing media to suggest women impudently or frivolously terminate pregnancies at the 20th week or beyond is not just insulting, but also a blatant misrepresentation of the circumstances many women face. As Vox’s Emily Crockett explained, women can obtain an abortion at this stage only when "there is something seriously wrong with either the fetus or her own health." She continued that "pretending otherwise" not only "misrepresents reality," but also “inspire[s] legislation that does real harm to women who have to make heartbreaking medical decisions very late in pregnancy” by eliminating their access to a necessary medical procedure.

Unfortunately, these lived realities appear unimportant to Trump, who pushes what Talking Points Memo called “a grossly inaccurate view of abortion in the United States.” Rolling Stone concluded that “nowhere in [the third debate] was his ignorance on brighter, flashier display than on the subject of late-term abortion.”

Following the debate, Breitbart News published its approximation of a fact-check: an inaccurate article claiming that Trump’s description of “partial-birth” abortions as “ripping babies apart” was “correct.” To reach this conclusion, the article conflated the “dilation and extraction” (D&X) procedure -- which it described as “puncturing the skull [of the fetus] with scissors” -- with the legal, and most common, late-term abortion procedure called dilation and evacuation (D&E).

In Gonzales v. Carhart, the Supreme Court decided that although D&X procedures could be prohibited under the Partial-Birth Abortion Ban Act of 2003, banning the vastly different -- and in fact, medically necessary -- D&E procedure constituted an “undue burden” on the constitutional right to an abortion. As Justice Kennedy explained, “The Act does not proscribe D&E,” which was found by a district court “to have extremely low rates of medical complications.” Clearly, the procedure being described by the Supreme Court as both legal and safe is a far cry from Breitbart News’ “partial-birth” abortion fever dream.

In a similar show of ignorance, during the October 20 edition of The O’Reilly Factor, Fox News’ Bill O’Reilly denounced women’s health exemptions for late-term abortion because “the health of the mother could be anything.” O’Reilly previously had the audacity to suggest that women abuse health exemptions by fabricating conditions like sprained hands or headaches because they have glibly decided to terminate pregnancies, even if the “kid is going to be born next week.”

After a campaign steeped in misogyny, it’s not surprising that these are the right-wing media talking points Trump has adopted about abortion. And they are every bit as insulting, ignorant, and inaccurate as when anti-choice groups first invented them in order to stigmatize both abortion and those who exercise their constitutionally protected right to have one.

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