Craig Partain
2 min readApr 19, 2019

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I was unfamiliar with the specifics of New York’s newest abortion law. So I looked it up. Needless to say, I was not remotely surprised to discover that you have woefully mischaracterized it.

The new law does the following:

  • Allows all abortions prior to 24 weeks. (No difference from the old law.)
  • Allows late-term abortions in cases where the mother’s life is at risk. (No difference from the old law.)
  • Allows late-term abortions in cases where the fetus is deemed by a healthcare expert to not be viable. (This, as best as I can tell, is the new addition.)

My understanding is that Roe v. Wade allowed late-term abortions when the mother’s health was at risk. New York added an exception for late-term abortions where the fetus is not viable, but where the health of the mother is not at risk.

But this seems like a change to the law which will have no practical effect — I can’t imagine that, even under the old law, physicians were requiring women to carry unviable pregnancies to term. (And if that was the case, it sounds barbaric.)

You are flatly wrong in stating the following:

“Removes protections for infants who are born alive during abortion procedures.”

After a viable fetus is out of the uterus, and still alive, it is then considered to be a human life deserving of all the protections and rights as you or me. Allowing such an infant to die through neglect, or willfully killing it at that point, has always been — and continues to be, even under New York’s new law — homicide.

“It goes way beyond the Roe standard in allowing late term abortions. […] Aborting a healthy viable baby because the mother’s mental health is in danger is, what is the word I am looking for, infanticide.”

Again. You are mistaken. According to FactCheck.org, it was in the 1972 case Doe v. Bolton, a companion case to Roe v. Wade, where the Supreme Court ruled that the mental health of the mother is a factor worth considering in the allowance of late-term abortions.

And this last part is just my own speculation, but I imagine the threshold for the mother’s mental health would be very high. I don’t think a doctor is going to sign off on a late-term abortion just because the mother is having a minor mental health issue. I would imagine that it’s going to have to be a major mental health issue, most likely one where the mother is unstable to the point of being suicidal or homicidal.

But that’s just my speculation. I could be wrong about that part. But even if I am, it’s irrelevant, because this business about the mental health of the mother is not something new added by the New York law. This is federal law, and if you have an issue with it, take it up with the 1972 Supreme Court, not with New York.

“All across the country Democrats are passing laws that legalize infanticide.”

All across the country, Republicans are spreading lies about Democrats.

Point me to one of these laws that legalizes infanticide.

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