VERDICT: STILL HOPELESSLY ARBITRARY. The Canadian lawblogger Pithlordattempts to answer the (to me, completely unanswerable) question of how advocates of criminalizing abortion can justify excluding women who obtain abortions entirely from criminal sanctions:
WHO CARES WHAT ANTHONY WOULD DO?Amanda Marcotte calls our attention to this excellent piece by Stacy Schiff, who debunks claims that Susan B. Anthony was a supporter of abortion bans. I find it particularly interesting because Anthony was able to ask questions about whether abortion bans actually accomplish anything even if you agree with the end of inhibiting abortions, a distinction which eludes most contemporary opponents of abortion rights.
CAN THIS ARGUMENT BE SAVED? In response to my claim that the exemption of women from punishment under laws banning abortion is fatally incoherent, a commenter here (as a TAPPED commenter did earlier) invokes Ronald Dworkin's argument that abortion is a "cosmic shame" that nonetheless doesn't rise to the level of murder. The commenter says:
"FEMINISTS" AGAINST WOMEN. Admittedly, when it comes to illogic on the part of supporters of criminalized abortion, the rape and incest exemptions are relatively small potatoes. What really gives away the show is their unwillingness to apply criminal sanctions against women who are allegedly committing something akin to murder. Hack politicians, of course, respond to questions about how the Republican Party platform can support a constitutional amendment that would make abortion first-degree murder in all 50 states but would entirely exempt women from punishment by babbling nonsense.