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Is a 15-week limit on abortion an acceptable compromise?
A recent opinion piece by George F. Will, “Ambivalent about abortion, the American middle begins to find its voice” in the Washington Post made the startling claim that the overturning of Roe v. Wade (Dobbs v. Jackson Women’s Health Organization, 2022) has resulted in “a partial healing of the nation’s civic culture.” One might think exactly the reverse. The Dobbs decision energized voters, especially women and young people, resulting in numerous Republican electoral defeats across the country. However, Will argues that the return of abortion policy to the states gives voters the opportunity of choosing moderate restrictions on abortion. Since most Americans support early abortion while opposing late-gestation abortion, Will thinks that a 15-week ban on abortion would be an acceptable compromise.
Why 15 weeks? Two reasons can be given. Almost all abortions in the US—93%—occur within the first 15 weeks of pregnancy. For this reason, making abortion illegal after 15 weeks would not, it would seem, impose serious burdens on most people seeking abortions.
Another reason is that several European countries limit abortion on request to the first trimester, leading some US lawmakers to suggest that a 15-week ban would bring our abortion law in line with theirs. This is disingenuous, to say the least. While elective abortion is limited in some European countries, it is not banned afterwards, but is allowed on other grounds, including economic or social reasons, or a threat to the woman’s physical or mental health. Moreover, in most European countries, patients do not have to pay for abortion; it is covered under universal health coverage. The fact is that the trend in Europe has not been to limit abortion, but to expand access to it. Countries in Europe “… have removed bans, increased abortion’s legality and taken steps to ensure laws and policies on abortion are guided by public health evidence and clinical best practices.”
Were states to guarantee access to abortion prior to 15 weeks, a 15-week ban might be acceptable. However, even before Dobbs, many women in the US lacked access to abortion, due to a dearth of providers, especially in rural areas. They often had to travel many miles to find an abortion clinic, which meant that they had to arrange childcare if they have other children or take time off work. Delay is also caused by the need to raise money for an abortion, which is not paid for by Medicaid in most states, except in cases of rape, incest, or a life-threatening condition. To be sure, even if there were none of these roadblocks, some women would still not be able to have early abortions because they do not know that they are pregnant, due to youth, being menopausal, chronic obesity, or a lack of pregnancy symptoms. Any time limits will pose hardships for some people. But if access to early abortions were guaranteed, a compromise on a 15-week limit might be worth it.
I suspect that time-limit advocates are not particularly interested in making sure that women who have abortions get them early in pregnancy. They want to place roadblocks in the way of getting abortions, full stop. That these roadblocks increase the numbers of late abortions is of little concern to them, however much they wring their hands over late abortions. Abortion can be reduced by reducing the number of unwanted pregnancies, something that has been shown to be achieved by access to contraceptives and science-based sex education in the schools. Remember when pro-lifers emphasized those methods? Me neither.
“Some US lawmakers suggest that a 15-week ban would bring our abortion law in line with European countries. This is disingenuous, to say the least.”
My second concern is with abortions sought after 15 weeks. The reason for a late abortion may be that the woman has a medical condition that has not developed, or has not been detected, until later in pregnancy. In such cases, the pregnancy is almost always a wanted pregnancy, and the decision to terminate imposes a tragic choice.
It may be responded that all states allow abortions to be performed when this is necessary to save the pregnant woman’s life, and many allow for abortions to protect her from a serious health risk. The problem is that these exceptions conflict with standard medical care, especially in the case of miscarriage. Once the woman has begun to miscarry, the failure to remove the fetus is likely to cause her sepsis, which can be life-threatening. However, in states with restrictive abortion laws, doctors cannot perform an immediate abortion, which is the standard of care in such situations. They have to wait until her death is imminent and, in some states, they cannot remove the fetus until its heart stops.
Ireland’s restrictive abortion law was repealed after a woman who was denied an abortion during a miscarriage died from septicemia. To the best of my knowledge, no woman in the US has died as a result of restrictive abortion laws, but some have come close. An OB-GYN in San Antonio had to wait until the fetal heartbeat stopped to treat a miscarrying patient who developed a dangerous womb infection. The delay caused complications which required her to have surgery, lose multiple liters of blood, and be put on a breathing machine. Texas law essentially requires doctors to commit malpractice.
Conservatives often portray those in the pro-choice camp as advocating abortion until the day of delivery, for trivial reasons. This is deeply unfair. If they want us to compromise on time limits, they should be willing to guarantee access to abortion before 15 weeks. They should be willing to compromise on pregnancy prevention through contraception and sex education. And they should agree to drop all restrictions on late-term abortions that make legislators, rather than doctors, in charge of deciding what is appropriate medical care for their patients.
Featured image: Gayatri Malhotra via Unsplash (public domain)
Digital dilemmas: feminism, ethics, and the cultural implications of AI [podcast]
Skynet. HAL 9000. Ultron. The Matrix. Fictional depictions of artificial intelligences have played a major role in Western pop culture for decades. While nowhere near that nefarious or powerful, real AI has been making incredible strides and, in 2023, has been a big topic of conversation in the news with the rapid development of new technologies, the use of AI generated images, and AI chatbots such as ChatGPT becoming freely accessible to the general public.
On today’s episode, we welcomed Dr Kerry McInerney and Dr Eleanor Drage, editors of Feminist AI: Critical Perspectives on Data, Algorithms and Intelligent Machines, and then Dr Kanta Dihal, co-editor of Imagining AI: How the World Sees Intelligent Machines, to discuss how AI can be influenced by culture, feminism, and Western narratives defined by popular TV shows and films. Should AI be accessible to all? How does gender influence the way AI is made? And most importantly, what are the hopes and fears for the future of AI?
Check out Episode 82 of The Oxford Comment and subscribe to The Oxford Comment podcast through your favourite podcast app to listen to the latest insights from our expert authors.
Look out for Feminist AI: Critical Perspectives on Algorithms, Data, and Intelligent Machines, edited by Jude Browne, Stephen Cave, Eleanor Drage, and Kerry McInerney, which publishes in the UK in August 2023 and in the US in October 2023.
If you want to hear more from Dr Eleanor Drage and Dr Kerry McInerney, you can listen to their podcast: The Good Robot Podcast on Gender, Feminism and Technology.
In May 2023, the Open Access title, Imagining AI: How the World Sees Intelligent Machines, edited by Stephen Cave and Kanta Dihal publishes in the UK; it publishes in the US in July 2023.
You may also be interested in AI Narratives: A History of Imaginative Thinking about Intelligent Machines, edited by Stephen Cave, Kanta Dihal, and Sarah Dillon, which looks both at classic AI to the modern age, and contemporary narratives.
You can read the following two chapters from AI Narratives for free until 31 May:
Other relevant book titles include:
You may also be interested in the following journal articles:
Featured image: ChatGPT homepage by Jonathan Kemper, CC0 via Unsplash.
“Burnout” is an inescapable concept these days. Its current usage, however, is a far cry from its origins in one psychologist’s appropriation of the imagery of urban arson in the 1970s, much of it instigated by landlords looking for insurance payouts. Bench Ansfield, a historian, makes the case for recognizing and reclaiming burnout’s roots as a necessary social project:
Unlike broken windows, burnout has shed its roots in the social scientific vision of urban crisis: We don’t tend to associate the term with the city and its tumultuous history. But it’s actually quite telling that Freudenberger saw himself and his burned-out coworkers as akin to burned-out buildings. Though he didn’t acknowledge it in his own exploration of the term, those torched buildings had generated value by being destroyed. In transposing the city’s creative destruction onto the bodies and minds of the urban care workers who were attending to its plight, Freudenberger’s burnout likewise telegraphed how depletion, even to the point of destruction, could be profitable. After all, Freudenberger and his coworkers at the free clinic were struggling to patch the many holes of a healthcare system that valued profit above access.
Many left critics of the burnout paradigm have faulted the concept for individualizing and naturalizing the large-scale social antagonisms of neoliberal times. “Anytime you wanna use the word burnout replace it with trauma and exploitation,” reads one representative tweet from the Nap Ministry, a project that advocates rest as a form of resistance. They’re not wrong. In Freudenberger’s chapter on preventing burnout, for instance, he exhorts us to “acknowledge that the world is the way it is” and warns, “We can’t despair over it, dwell on the pity of it, or agitate about it.” That’s psychobabble for Margaret Thatcher’s infamous slogan, “There is no alternative.” But if we excavate burnout’s infrastructural unconscious—its origins in the material conditions of conflagration—we might discover a term with an unlikely potential for subversive meaning. An artifact of an incendiary history, burnout can vividly name the disposability of targeted populations under racial capitalism—a dynamic that, over time, has ensnared ever-wider swaths of the workforce.
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