Strollerderby

Late-Term Abortion Provider on Trial in Kansas

Posted by Kate Tuttle

Let's get this out of the way first off: I'm from Kansas. Not everyone from my home state is narrow-minded or politically conservative. Even those who are conservative tend toward the "live and let live" ethos so absent from much of the far-right fundamentalist playbook. This may explain why it's taken three decades for George Tiller, MD, to find himself on trial, defending his vocation as the abortion provider of last resort.

Tiller's Wichita clinic, one of the few places in the country where a woman can get a second-trimester abortion, is by all accounts a haven for those who need to be there. Nobody wants to be there (it seems ridiculous to have to point this out, but I think it's necessary). Many if not most of his patients are having an abortion so late because they have only recently discovered that the fetus they're carrying is afflicted with grevious birth defects. Women do not get a late-term abortion because they're frivolous, or heartless -- their hearts are only too broken by the situation they find themselves in. This is the point at which terms like "pro-life" and "pro-choice" start to mean less and less, and real life becomes as complicated as it's possible to be. Even though it's vanishingly rare, late-term abortion is the flash point where politics and pain ignite. This is why there's a whole section called "Kansas stories" on a website devoted to women facing difficult choices after devastating test results. It's why volunteers walk patients through the gauntlet of protestors, mostly organized by the Wichita-based Operation Rescue, which refers to everyone born after 1973 (the year of Roe v. Wade) as a "survivor." It's why Dr. Tiller has been shot for doing his job, and why he came back the next day to work anyway.

Now Tiller's on trial, charged with violating a Kansas state law mandating that any abortion slated to be performed after fetal viability (defined as 22 weeks gestation) undergo a second opinion phase by a doctor not legally or financially tied to the doctor performing the abortion. At issue in this trial is whether the relationship between Tiller and another physician, Dr. Ann Kristin Neuhaus, crossed that line. It's a case that's been brewing for years now, initiated by a rabid anti-abortion state attorney general who was since defeated by the kind of Kansas voters who, even though they might call themselves pro-life, realistically figure that life happens and they are not in the business of playing God. The new AG, a guy I went to high school with, is a moderate Democrat, pro-choice in this issue, who had no choice but to continue to proscute Tiller under the indictment (and law) he inherited. 

There are no winners here. One of the patients seen by Drs. Neuhaus and Tiller and given an abortion by Tiller was ten years old at the time. As fetal viability moves one way on the scale (it wasn't long ago that babies born before 28 weeks almost never lived), genetic testing gets better but moves more slowly. A woman having an amniocentesis at 20 weeks will find out at 21 weeks that the baby she's grown to love will live a brief life of unendurable pain and no hope of cognitive function; her choice is awful any way you cut it. At clinics like Dr. Tiller's she's given the chance to perform a humane and awful duty, a mother's unendurably painful act of love and letting go. I hate that his clinic has to exist -- I wish all babies were wanted and healthy -- but I'd fight like hell to keep a bunch of righteous idealogues from taking it away. 

 

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Comments

 

meckner said:

Amen, woman!!! Thank you for sharing this news and that voice of yours!

March 25, 2009 1:10 PM
 

Sheri said:

Doesn't amnio usually take place BEFORE the end of the first trimester???

I had a friend in college who did just sit around and wait to have what is considered a late term abortion.  It does happen.  

March 25, 2009 1:49 PM
 

Twyla said:

Wow, I have honestly never heard it put that way. While I am pro-life and do disagree with the clinic, I find it disgusting that people would shoot someone to get their point across. Really? Pro-life until you take it away then they turn pro-death on a living dude?? I can't even rationalize that. It is heartless.

I am moved by your writing. You have presented an argument that looks at things from an angle different than I am used to. Well done.

Sadly, the tests are not always correct and the percentages can appear daunting at times. The only way to know 100% if a child is going to be healthy is to give birth. It is a sad reality that people are terminating a life that may be worth living.

That said, shooting is never right. We have the right to "peacefully assemble" not to mock, degrade or persecute one for the choices one makes. Don't protesters realize that they make pro-lifers look like self-righteous lunatics?

March 25, 2009 1:52 PM
 

Kate Tuttle said:

Twyla, have you really never heard of an abortion provider who was shot? It has happened many times in this country; some were killed. (Perhaps I'm misreading and you're just saying it's shocking and hypocritical; I agree!)

As for testing, amnio is something like 99.9% effective in diagnosing the main types of genetic birth defects. Unlike the types of statistical risk assessments often offered earlier in pregnancy, which are notorious for false positives, amnio (and CVS) look at the actual genetic code.

You'd be a fool to terminate based on bad numbers of one of the statistics tests (nobody I know has ever heard of anyone who did that), but you'd be equally foolish to get a bad amnio and still believe somehow it was wrong. That said, plenty of women who get a devastating diagnosis via amnio opt not to terminate; they still find it helpful to know what condition their child will face.

Sheri, amnio is done at 18-20 weeks, CVS at 10-14. Lots of women only undergo these tests when the earlier tests -- typically called the nuchal fold, or first trimester tests, or early risk assessment -- have shown an increased statistical likelihood of a problem. So yes, for many women it is 20 weeks or later before they have a confirmed diagnosis of let's say Trisomy 18. As I said, some will choose to continue the pregnancy (which will result in either stillbirth or a baby who lives a very short time), but a great many will not. For these women, the choices are very limited in terms of where they can go to terminate -- if Tiller is stopped many will have no choice at all.

March 25, 2009 2:40 PM
 

leahsmom said:

Twyla, I appreciate your comment - it is good to hear from anti-choice folks who don't agree with shooting providers of abortion services.  And I also really appreciate your response - it was very thoughtful!

I would add to Kate's plea that, in some cases (I am not sure about this clinic), clinics that provide abortion services often also provide other services - for example, I know young women I went to highschool with who went to Planned Parenthood because their families didn't have insurance, and it's the only way they could receive GYN care.  One young woman was suffering from endometriosis - I'm so glad that the services were available to her! I remember that they were scared to visit the doctor at all, just on general grounds - I was nervous about my first GYN visit, so I can sure sympathize! - and being shouted at and shoved and threatened by protesters outside the clinic didn't make the decision to get medical care for something many young women consider embarassing any easier.  This is one more reason that targeting the women who use these clinics - at least as they're walking through the doors - is the wrong way to work for change.

March 25, 2009 4:23 PM
 

Alice said:

THese people are not pro-life or trying to savce unborn children.  They are trying to take away civil rights from women and that is all.  They are crazy and dangerous.  If they really cared so much about saving lives they would open orphanages, protest against wars and the death penalty.  They dont give a shit about a child after it is born, epecially if it is not white.  How many embryos or children have they adopted?  None.  They are not Pro-life, they are Anti-Womens Rights.  

March 25, 2009 5:51 PM
 

TolaniLucia said:

Amen Alice!

March 25, 2009 6:26 PM
 

mchaos said:

I'm pregnant now.  I turned down the 1st trimester testing because we want these babies and have no intention of terminating.  Amnio is offered to us in the 2nd trimester, but we are turning that down too, unless they see a reason in our ultrasounds that would indicate it is useful.  Amnio has a small risk of accidental abortion, which is why most women do not get one unless there is a reason to think it is necessary.

March 25, 2009 6:41 PM
 

alyssa said:

George Tiller is an amazing man. I attended Newman University and while my fellow classmates were outside protesting the clinic or were too ashamed to go anywhere near it, I took my pregnant roommate to get her abortion.

Mr. Tiller came out and met everyone. He shook our hands and offered us coffee. As my roommate's driver, I had to sit and watch a movie about what to do to keep her comfortable and what to watch out for. Mr. Tiller sat in with me during the movie and afterward he asked if I had any questions.

I have nothing but absolute respect for the man and I am so upset he is being prosecuted. If anyone should be getting shit it should be Troy Newman and all his cronies.  

March 25, 2009 7:31 PM
 

Kate Tuttle said:

Alyssa, it's good to hear your personal experience (you're a good friend).

Mchaos, it's interesting to hear from someone who doesn't want any testing. Since you're so clear that you would never terminate, then it makes sense -- one of the big problems with increasingly good prenatal testing is that so many couples haven't had a conversation about what they would do with the information. Wishing you all the best with your pregnancy!

March 25, 2009 8:31 PM
 

Sheri said:

Mchaos, I did the same thing.  My OB strongly advised me to do the amnio, but I told him since I wouldn't terminate anyway, why risk it.  

Kate, thanks for the info.  The youngest will be 5 next week so it has been a long time.

I really don't know what side of the fence I am on.  I definitely am NOT pro-abortion.  And I probably am making a lot of assumptions about women who get one.  I've been on the wrong side of a positive pregnancy test...but I had the support of my family.  I have three children with issues, and while it is hard, I would still have them even knowing now what I didn't know then.  But that is just me.  

The thing is, I don't want the government telling me what to do regarding whether or not I have kids and how many I have.  

March 26, 2009 10:02 AM
 

Twyla said:

Kate Tuttle: Oops, I reread what I wrote and it didn't quite make sense. I meant I had never heard the argument presented in such a manner as to indicate the hardship on the mother making the decision to not allow anymore suffering to a child facing a painful life. I have, in fact, heard of many people using violence to prove thier point. I know that abortion doctors have been killed by pro-life extremists.

Alice: Why so angry? I am hoping that your comments are directed only to the group that is doing the protesting. Not all pro-lifers feel that everyone, or anyone for that matter, should agree with thier position. Not all pro-lifers protest and judge others. I do not look down on women who have had abortions nor do I tell them how I feel about the subject. These decisions are personal. On another note, war/death penalty is very different then abortion and the argument is so ignorant and tired. Let's stay to the point of the discussion.

Mchaos: I did the blood draw test with the first one because my doctor did not tell me I had a choice. I didn't mind because I knew what I would do with the results (I was a single mom at the time). With the second and third pregnancies my husband and I discussed how we felt about having children with disabilities and we agreed we would go forward with the pregnancy regardless and so we opted out of any testing. I agree with Kate Tuttle on this one. Don't skip the conversation just because you are skipping the test.

March 26, 2009 4:18 PM
 

Morgan said:

Perhaps the reason this doctor has been brought to court is because there is reason to believe he's been breaking the law. Any baby killed after 22 weeks, by law, needs  to have extenuating circumstances that are verified by two doctors. If you believe abortion is murder after 22 weeks, then the question becomes is the abortion justified murder, a merciful release from a life not worth living, or simply murder. I think that question is valid. It should not be ignored due to two people's greed, which is what the law suit is basically alleging.

Maybe he's innocent. Maybe he's not. But I'm not impressed with how quickly you're writing the law suit off as conservative nuts harassing a perfectly innocent man.

April 8, 2009 7:32 PM

About Kate Tuttle

I'm raising a toddler and a teenager in a leafy suburb just outside Boston. In between having kids I've been an editor and writer, most recently with the African American National Biography and the late great Africana.com.

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