In Texas, where doctors face up to 99 years of prison if convicted of performing an illegal abortion, medical and legal experts say the law is complicating decision-making around emergency pregnancy care.
Although the state law says termination of ectopic pregnancies is not considered abortion, the draconian penalties scare Texas doctors from treating those patients,
The physician who engages with these laws becomes a political actor. Medical centers don’t have a political commissar sitting around enforcing the party line, they’ve got civilian staff and administration. The choice they make in enacting or ignoring these laws is a political one.
The physician makes the choice of who to save in the moment, and then private administrators, local law enforcement, and courts decide how many people suffer down the line.
More power to you. But whatever you do (or refuse to do) is as political a decision as anything your bosses and local government enact above you.
Well, time to Godwin’s Law this discussion I guess.
What you’re suggesting is an expectation for physicians to do something akin to actively defying the Nazi regime to hide/evacuate/personally protect vulnerable people who the Nazis are trying to round up. The people in Nazi Germany who put their lives and livelihoods on the line to help shield people from the concentration camps are unequivocally heroes in every sense of the word.
It is unreasonable to expect, much less demand true heroism from people who are trying to live their lives. Right now, the penalties for performing an illegal abortion in Texas are loss of your medical license and a minimum of 5 years’ imprisonment, and maximum of 99 years’ imprisonment, as well as a $100,000 fine per instance. (They are very generous though, in that if the fetus miraculously survives, it’s only a second degree felony that carries a mandatory sentence of 2 to 20 years).
You are effectively insisting that physicians put in this position must put their entire profession, career, livelihood, and potentially even their life on the line in the hopes that the politically selected prosecutor elects to not pursue charges. That’s a hell of a gamble without even beginning to consider the impact of the loss of a physician would have on their community.
This is a political problem with a political solution, but despite my own intentions and moral convictions, I would never presume to insist that another physician puts everything on the line to stand up to the modern Nazi party. (because, let’s be honest, that’s what the GOP is now.)