Technically Legal, Effectively Impossible

Abortions! That is hot off the presses and signed into law Indiana’s new abortion ban. According to Politico, “Abortions would be permitted in cases of rape and incest, before 10-weeks post-fertilization; to protect the life and physical health of the mother; and if a fetus is diagnosed with a lethal anomaly. Victims of rape and incest would not be required to sign a notarized affidavit attesting to an attack, as previously proposed in the Senate. Under the bill, abortions can be performed only in hospitals or outpatient centers owned by hospitals, meaning all abortion clinics would lose their licenses. A doctor who performs an illegal abortion or fails to file required reports must also lose their medical license — wording that tightens current Indiana law that says a doctor ‘may’ lose their license [emphasis added].”

I see the Indiana bill becoming the model for more “moderate” states — but still a bit too squishy for deep red states (e.g., Alabama), which desire (and already have) total bans and will use the power of the state to enforce them ruthlessly. However, several states with a more “moderate” electorate want exceptions for abortions. Thus, the question is, how do RepubliKKKlans get abortion bans passed their idiot, unsuspecting voters, without incurring political backlash? (See Nebraska). The answer lies within the Indiana bill, which technically allows abortions for the popular exceptions of rape, incest, and health of the woman. Indiana also throws in other exceptions such as lethal fetal anomalies and dropping the requirement for a “notarized affidavit to an attack [of rape or incest].” Sounds all very reasonable! A woman who desperately needs an abortion because of pregnancy through no fault of her own or if the fetus is not viable can get one. But the bill as described above would create such hardships for those seeking an abortion and potential risk for those performing abortions that they would effectively become too difficult to obtain.

First, requiring only hospitals or hospital-affiliated outpatient centers to perform abortions will necessarily create financial barriers to obtaining the procedure. The reason abortion (and healthcare) clinics exist is to reduce the cost of getting an abortion while providing a specialized service. So, an abortion may be legal, but can you afford it? Second, Indiana intentionally threatened the livelihood of doctors who may want to perform abortions. This is deliberately done to chill (scare) doctors out of completing the procedure. So, again, abortions are legal, but can you find someone willing to do one? On the surface, everything looks reasonable and sound and lawful to the general public. But underneath, abortions will be effectively impossible to obtain because they’re too expensive and few are willing to perform them for fear of losing their medical license, which could also include hospitals. What Indiana has effectively passed is a total abortion ban with the veneer of being legal when necessary. This will be the new model for all those “moderate” voters who outwardly agree that abortions should be allowed in some instances but who really don’t want people to get them under any circumstances. Hence, the Indiana bill. Perfect for everyone and helping no one! Welcome to stupid America!