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Dylan Stolfus

5/10/18

Eileen Morris, POLS 155

Policy Memo

Extending Limits on Abortion

Part 1: Policy Background

The policy problem I have identified is the limit on abortions, with some exceptions, past

any point in the third trimester. Personally, I believe it’s odd to want an abortion performed so

late into pregnancy, and I wasn’t able to find many explanations as to why people have chosen

abortion so late. However, I also wasn’t able to find conclusive evidence that fetuses actually

feel pain until around the 30th week of gestation, and as I believe that a woman should have

complete control over her body, I believe abortions should be allowed into the third trimester,

until the 30th week. To address this issue, I would introduce legislation making abortion into the

third trimester legal.

Coming into the class, I believed that abortion should be legal, but not past the third

trimester. This belief was based on having read that fetuses are able to feel pain once they reach

the third trimester. If the fetus is able to feel pain, then I do not believe it is an ethical practice to

abort it. However, through the research I have done over the course of this class, I’ve found

inconclusive information as to whether or not a fetus truly does feel pain until they’re into the

third trimester, and I’ve found more compelling information that states it does not. If this is the
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case, as it appears to be, I believe women should have absolute choice over what happens in their

body, regardless of when they make that choice.

The level of government that should address this problem is the state. While there are

already federal laws surrounding abortion in place, further extending the laws would best take

place on a state level. Targeting state government would be more effective than the federal

government since states are not required to enforce laws that have been mandated by Congress,

and it’s likely many states would oppose this legislation. Being a controversial issue, it would

likely have a difficult time making it very far into the legislative process at a federal level. State

is also preferable to a local level, as a state level would have a greater effect than introducing it at

a local level.

The first argument in favor of my policy solution is research that states a fetus does not

feel pain until several weeks into the third trimester. To be clear, this is a highly controversial

subject with plenty of information on either side, but to the extent I have researched, the most

compelling studies indicate that fetuses do not feel pain until this point. A 2005 study from the

Journal of the American Medical Association concluded that the nerve connections necessary to

“​probably does not exist before 29 or 30 weeks”.​ (JAMA, 2005) These findings were supported

by a 2010 study by the Royal College of Obstetricians and Gynaecologists (RCOG, 2012), and a

2012 report from the American Congress of Obstetricians and Gynaecologists agreed with both

studies, and stated that “...supporters of fetal pain legislation only present studies which support

the claim of fetal pain prior to the third semester”.

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A second argument in favor of my policy is that it would decrease dangerous, illegally

performed abortions that could cause harm to a woman’s physical and mental health. Modern

abortion procedures are safe and do not cause lasting health issues like cancer or infertility. By

granting a greater amount of time in which a woman can have an abortion legally, the chances of

these unsafe, illegal, and potentially damaging operations being performed could be greatly

reduced.

One argument against my policy would be that fetuses are able to feel pain while in utero.

However, as presented earlier, the exact timespan at which fetuses are able to feel pain is

unclear. This means that the current limit on abortion based on trimesters isn’t necessarily

justified, and the inability of a fetus to feel pain before a point in the third trimester is a strong

reason that the woman should have a choice. I would also argue that the safety and health of the

mother should be prioritized over the fetus. Regardless of pain the fetus may feel, the mother’s

life and health should be preserved over anything else, which is why I would argue that abortion

should be legal even if the fetus can feel pain.

Another argument against my policy is that abortion is murder, and according to the

Unborn Victims of Violence act, the intentional killing of an unborn child is illegal- with

exception to abortion. This is also an argument that tends to have a strong base in religion, as

killing a human being defies the word of God and is in conflict with many religions. I believe

abortion is an important right, and despite the loss of a potential life, the health and safety of the

woman should be prioritized and protected. On top of that, legal abortion should be able to be
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extended somewhat into the third trimester as it would further the ability for a person to make

personal decisions pertaining to their personal life.

Part 2: Updates on Policy Issue/Solutions

One instance of recent bills on my topic being introduced to congress is bill H.R. 7, an act

that would ban federal funding for abortions. The bill has the potential to make abortions

unaffordable and inaccessible to lower income women. It has passed through the house twice,

once in 2015, and once in 2017. In 2015, although it was passed, it was never presented to

senate. The most recent enactment of the bill has passed through the House and will be brought

up to the senate soon. It was introduced by Christopher Smith, a Republican representative from

New Jersey. It passed House at 238/183, with every Republican and 3 Democrats voting yes. It

doesn’t have a great chance at passing through senate, due to the wording of the document, and

the composition of political actors.

The Supreme court struck down a law focusing on abortion in 2017. The law, Whole

Woman’s Health v. Hellerstedt, would have closed many abortion clinics in Texas by mandating

certain specifications be met to make the clinics more similar to hospitals. (USSC, 2017) The

Supreme Court deemed the law unnecessary and unhelpful, with Justice Steven Bryer writing

“There was no significant health related problem that the new law helped to cure”. I support the

outcome, as it prevented abortion from being nearly inaccessible in Texas, and as determined by

the Supreme Court, would have placed an “undue burden” on the constitutional rights of women.

The law would have closed nearly every clinic in Texas, as it required minute and arguably
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insignificant changes to be made to aspects of clinics like the size of rooms and height of

doorways.

One interest group that is especially active on abortion is the Planned Parenthood Action

Fund, which donated about $670,000 dollars to various political campaigns in 2016. The Planned

Parenthood Action Fund’s website states they are “w​orking to advance access to sexual health

care and defend reproductive rights”, and accomplish this by donating money to politicians who

support their interests. I agree with most of what they do and attempt to accomplish, and there is

some potential for me to work with them on my own policy issues.

Part 3: How Can I Continue This Work? Action Plan

The first action I could take would be writing a letter to an elected official, like a state

senator. Writing a letter would enable me to make my presence known to my state government,

and establish me as a thoughtful constituent, potentially granting the opportunity for people in

more powerful positions to aid my cause. A letter would be a good medium for my policy, since

it’s a very sensitive issue, and I would have a better chance to convey my policy eloquently

through writing. This would target the state level of government, as I would be writing directly to

a political actor at that level.

Another action I could take would be starting a petition drive, specifically a governmental

petition, as I want to target the government with my policy issue. To get signatures, I would set

up petition carriers at locations like malls, but I would also target places like Whole Foods or

local co-ops, where shoppers are more likely to lean to the left. Doing this would help me reach a

demographic that is more likely to favor my policy adjustment, and make it easier for me to gain
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signatures. A successful petition would show the amount of support I have for my policy issue,

and would put a lot of attention towards my cause.

A final action I could take would be organizing a public demonstration. For my policy

issue the most effective form would be an advocacy demonstration, urging legislators to adopt

my policy adjustment. Similar to the locations I chose for my petition drive, I would also

organize demonstrations at locations where the people would be more likely to favor my

adjustments. An effective demonstration would also have the potential to draw a significant

amount of public attention to my issue, and with it the potential to bring supporters and voters to

my side.

One problem my policy solution is likely to face is the amount of misinformation in

mainstream media on the actual development of the fetus. My policy is a slight adjustment based

on scientific research, but it will be difficult to get that information across to the public. The

spectrum of beliefs on abortion typically varies based on political party, and differing religious

beliefs also change how abortion is viewed, which presents a large amount of opposition towards

any legislation on abortion. Specifically, misinformation on abortion poses a problem because

people’s preconceived notions may prevent them from wanting to hear my position on the issue.

Especially considering how acidic and harsh debates on abortion can become, it will be difficult

to keep conversation level and unbiased.

Another obstacle my policy will face is gaining enough support to obtain a 3/4th vote in

both house and senate. The composition of various state governments may prove a challenge,

depending on how democratic or republican it’s members are. In the case of California, the
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composition of the state government will be more in favor of my policy, as it leans democratic,

rather than republican. Even then, generating enough support among voters will be extremely

challenging, as abortion is already a controversial topic, and my aim to extend the time during

which an abortion can be performed will likely be met with a significant amount of opposition.

This will make it difficult to gain enough public support for a vote to pass, but I believe I may be

able to overcome this problem through the actions I will be taking to publicize my issue.

The idea of furthering the amount of time abortions are legal will likely clash with the

ideologies many people have held for a very long time, and will be hard to change. In order to

overcome this, I will have to do my best to clearly convey my position and provide a significant

amount of compelling evidence. I believe that the research I have found is strong enough to

change minds, but it will be an uphill battle. I have the most hope for public demonstrations,

which will grant public attention to my policy and the reasons the current policies should be

adjusted. There is also potential for social media campaigns, which will be especially powerful,

as I will be able to provide links to the medical journals that state the research I am basing my

policy adjustments on.

 References

Lee SJ, Ralston HJP, Drey EA, Partridge JC, Rosen MA. Fetal PainA Systematic

Multidisciplinary Review of the Evidence. ​JAMA.​ 2005;294(8):947–954.

doi:10.1001/jama.294.8.947

Royal College of Obstetricians and Gynaecologists, Fetal Awareness: Review of Research and

Recommendations for Practice, 2012,

https://www.rcog.org.uk/globalassets/documents/guidelines/rcogfetalawarenesswpr0610.pdf

US Supreme Court, Joseph Bryer, Whole Women’s Health v. Hellerstedt, 2017,

https://www.documentcloud.org/documents/2916939-Whole-Womens-Health-Scotus-Ruling.ht

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