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Abortion cases spawn lingo feud
BY DAVID KRAVETS
TIIK ASSOCIATED PRESS
SAN FRANCISCO - An “abor
tion” versus a “procedure.” A
“baby” versus a “pregnancy.”
“Dismembered” versus “disartic
ulated.”
In the three federal courtrooms
where a controversial abortion
method has been on trial, the gulf
between the two sides is so wide
that they cannot agree on basic
terminology.
At issue is the Partial-Birth
Abortion Ban Act, signed by
President Bush last year. In si
multaneous trials held in New
York, San Francisco and Lincoln,
Neb., judges are considering
whether the law violates the con
stitutional right to abortion.
Inside and outside the court
room, the two sides often have dif
fering vocabularies, beginning
with the very name of the banned
procedure.
Congress and oDDonents of the
procedure call it “partial-birtl
abortion.” Doctors and activist
on the other side of the issue us
the medical term “intact dilatioi
and extraction.”
“There is no such thing as ;
‘partial-birth abortion,’” Glori;
Feldt, President of Plannei
Parenthood Federation o
America, declared outside th
courthouse in San Francisco.
The language reflects a funda
mental disagreement ove
whether the fate of the fetus or th
mother’s right to choose i
paramount.
Much of the abortion debate in
volves “the politics of eu
phemisms,” said Alison Renteln
a University of Souther)
California political science pro
fessor.
“It all depends on how you con
ceptualize the life that is a
stake,” said Renteln, whose bool
“The Cultural Defense” analyze
how courts deal with defendants
cultural backgrounds. “That th
i government and their witnesses
> use the word ‘abortion’ openly in
> court and the other side is some
i times reluctant to do so says a
lot.”
i In the banned procedure, a doc
i tor partially removes a living fe
l tus from the womb and then punc
f tures or crushes its skull. The fe
; tus is thenremoved whole.
The Bush administration has
argued that the procedure is grue
• some, inhumane, painful to the fe
> tus, and never medically neces
» sary. Abortion providers insist it
is sometimes necessary to pre
serve a woman’s health.
In the courtroom, Justice
, Department lawyers and govern
i ment witnesses freely talk about
“abortion” and “aborting”; the
abortion-rights side generally
speaks of “the procedure” or
t “evacuating a pregnancy.”
; The government’s side speaks
s of “the baby.” The other side some
’ times uses the term “fetus,” but of
; ten refers to it as “the pregnancy.”
During the banned procedure,
the anti-abortion side says, the
baby is “partially delivered”; the
other side says the fetus under
goes “intact dilation and extrac
tion.”
On the stand in San Francisco,
Dr. Maureen Paul, the chief medi
cal officer of Northern California’s
Planned Parenthood chapter, de
scribed how in a conventional
abortion not barred by the new
law, doctors “disarticulate” the fe
tus. The other side often uses the
term “dismember.”
Language has always been a
battleground in the debate over
abortion — partisans prefer “pro
life” and “pro-choice” to the neu
tral terms “anti-abortion” and
“abortion rights.” Abortion foes
speak of the “unborn child” in
stead of, say, the “fetus” or “preg
nancy.”
“What you’re seeing is how in
tense the issue is and how, over
30 years since Roe v. Wade, the
debate hasn’t changed,” said
Edward Lazarus, who in 1998
wrote “Closed Chambers: The
Rise, Fall and Future of the
Modem Supreme Court.” “Those
supporting abortion often deper
sonalize it and speak of it in
terms of a woman’s choice and
those against abortion speak of
its cruelty.”
In one courtroom exchange
last week, Planned parenthood
attorney Eve Gartner said that
because of the new law, doctors
may stop doing abortions alto
gether to avoid risking prosecu
tion.
“It’s like having an elephant in
the room with you, wondering if
some prosecutor is going to inter
pret it in a certain way or not,” she
said.
Scott Simpson, a Justice
Department lawyer, countered:
“There’s no elephant in the room.
There’s a baby.”
The judges have tentatively
blocked the law from being en
forced while they consider the le
gal challenges. Closing argu
ments were held Friday in the
San Francisco case, and are
planned for June in the Nebraska
case. The New York trial also
continues.
■
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