Evaluating Abortion in the 2012 Presidential Election | Capital Commentary

Evaluating Abortion in the 2012 Presidential Election | Capital Commentary by Mary Crotwell-Kirtley.  MGB: First off, abortion is not really an issue - as the abortion law is based on constitutional principles, not legal enactment.  It is unlike what our European partners have done by legalizing abortion by statute.  No one ever passed it at the federal level and the states are not allowed to act - so the biggest reform in the debate is to stop calling it an abortion law at all. Abortion is not an issue because there is no reasonable bill on the table and no likelihood that either Roe will be overturned (as Alito and Roberts refused to when given the opportunity in hearing the partial birth abortion case) or that a human lilfe amendment will be passed.  While Congress could extend person-hood to an earlier time, that time should not be conception and probably can't be any time before the end of the first trimester, as the prevalence of miscarriages in that time adds very real complications to making first trimester embryos legal people.  Any bill that includes bans on criminal investigation of miscarriage will likely give Planned Parenthood such a big exemption that the ban would be useless and no one seems to want to penalize mothers for seeking such services, which is impossible under equal protection principles in the criminal law (unless all murders for hire are made legal).  Likewise, tort relief would complicate malpractice insurance worse than it already is and lead to the denial of first trimester care by most providers at the behest of insurers.  Of course, exempting the first trimester and any abortion for the life or health of the mother (given a negative prognosis for the pregnancy it is unsafe to continue one which is doomed prior to birth) will cause the pro-life base to revolt (although the Democrats would surely accept it - and might enact it this next term to stop the debate).  If abortion is not an issue under real consideration, no politician's opinion on it is at all important.  Period.  Stop.  End the discussion.