美国国家公共电台 NPR--Doctors who would like to defy abortion laws say it's too risky

Doctors who would like to defy abortion¹ laws say it's too risky²

Transcript³

Doctors in states with abortion bans can face prison time and lose their licenses⁵ if they violate the laws. Some are calling on doctors to openly defy the bans.

RACHEL MARTIN, HOST:

It's been five months since Roe⁶ v. Wade⁷ was overturned, and now 13 states have laws banning abortion with limited exceptions for medical emergencies. Doctors who violate these laws could face felony charges, prison time and the loss of their medical license⁴. Surveys, news reports and court affidavits⁸ show the fear of these laws has caused some doctors to delay or deny abortions⁹, including in emergencies. Some doctors are asking themselves a tough question - when they are forced to choose between their ethical¹⁰ obligations to patients and the law, should they defy the law? NPR's Selena Simmons-Duffin reports.

SELENA SIMMONS-DUFFIN, BYLINE¹¹: Here's an example of how the exceptions in abortion bans for emergencies can still cause problems for patients. NPR reported last week on Christina Zielke, who was discharged from an Ohio ER, bleeding heavily from a miscarriage¹².

CHRISTINA ZIELKE: They said they needed to prove there was no fetal development. And I was told that I could come back in two days for a repeat hormone¹³ test to confirm I was miscarrying.

SIMMONS-DUFFIN: She says doctors acted as if they didn't believe she was having a miscarriage, even though there was no heartbeat during her ultrasound, so they didn't offer her a D&C procedure to stop the bleeding, the same procedure that's used for abortions. Hours after being discharged, she was taken back to the ER in an ambulance and given the D&C. The hospital declined NPR's request for an interview. Another example? The Texas Policy Evaluation¹⁴ Project conducted a survey of clinicians operating under that state's restrictions¹⁵. It found that sometimes providers avoided doing D&Cs, opting¹⁶ instead for, quote, "a surgical¹⁷ incision¹⁸ into the uterus because it might not be construed¹⁹ as an abortion."

MATTHEW WYNIA: That's just nuts.

SIMMONS-DUFFIN: Dr. Matthew Wynia directs the Center for Bioethics and Humanities at the University of Colorado.

WYNIA: Much more dangerous, much more risky. The woman may never have another pregnancy²⁰ now because you're trying to avoid being accused of having conducted an abortion.

SIMMONS-DUFFIN: Not all doctors agree that the abortion restrictions are responsible for harming patients. The American Association of Pro-Life OB-GYNs calls that idea absurd, arguing OB-GYNs have many years of training to know when to intervene before a condition becomes life threatening. But many doctors and groups, like the American Medical Association, are concerned. Wynia published an editorial in the New England Journal of Medicine in September calling for physicians to take a stand against these laws, when necessary, using civil disobedience.

WYNIA: I have seen some very disturbing quotes from health professionals essentially²¹ saying, well, look - it's the law. We have to live within the law. And if the law is wrong and causing you to be involved in harming patients, you do not have to live to that law.

SIMMONS-DUFFIN: There's actually a long history of civil disobedience around abortion. Mary Ziegler, a legal historian at UC Davis, says for many decades, starting in the 1900s, there was kind of a don't-ask, don't-tell silence around abortion.

MARY ZIEGLER: By the '40s, you get more of a crackdown on abortion, and it's more framed as a vice²² or a racket, the same language you'd be using against organized crime.

SIMMONS-DUFFIN: Lots of abortion providers got arrested and prosecuted²³. Then hospitals began forming committees to authorize²⁴ certain abortions in certain circumstances, like emergencies. But some doctors felt that wasn't enough. Allowing abortion when someone's death is imminent²⁵ may be straightforward²⁶, but what about when someone has a heart condition and pregnancy makes that condition worse? Or if a patient tells their doctor, If I can't get an abortion, I'm going to harm myself? Ziegler says doctors wanted more leeway to follow their conscience and provide abortions in more situations. And in the 1960s, in the period leading up to Roe v. Wade, some doctors began to openly defy abortion laws.

ZIEGLER: Not just getting arrested 'cause they happened to get caught, but trying to get arrested.

SIMMONS-DUFFIN: Dr. Milan Vuitch is one example, she says. He was arrested 16 times for providing abortions in Washington, D.C. Dr. Leon Belous was arrested in California for just referring someone for an abortion. He fought back in the courts. And in Canada, Dr. Henry Morgentaler was actually imprisoned²⁷ for violating abortion laws. He used the legal cases brought against him to progressively legalize abortion across that country.

ZIEGLER: One interesting question is, like, well, why is it that we don't have more, you know, Dr. Morgentalers now?

SIMMONS-DUFFIN: For one, she says, the penalties now are very different.

ZIEGLER: In the pre-Roe era, often if you violated an abortion law, I mean, you could lose your license to practice medicine. Most people didn't really face much real prison time. Some state laws now treat doing an abortion as like life in prison.

SIMMONS-DUFFIN: That's the penalty for violating the abortion ban in Texas. Dr. Louise King raises another reason why there haven't been more people openly defying these new abortion laws. She directs reproductive bioethics at Harvard University and is an OB-GYN surgeon. She says if she were to purposefully get arrested in Texas, for example, where she went to medical school and did her residency, she doesn't think it would actually be effective in getting laws changed.

LOUISE KING: It's probable in Texas I'd lose the case. It's going to go up - what? - through the Fifth Circuit? I'm not going to win in the Fifth Circuit. And then am I going to win it in the Supreme²⁸ Court? No.

SIMMONS-DUFFIN: She adds another consideration is how few OB-GYNs there are who provide abortions. Any doctor who's sitting in jail or fighting felony charges will never work again, and that's one fewer person who's able to take care of patients.

KING: So what's the point? I don't even see the point.

SIMMONS-DUFFIN: So far in the five months since Roe v. Wade was overturned and state bans began to take effect, there have been no reported prosecutions³⁰ of health care workers. But Wynia says charges against doctors will certainly come.

WYNIA: There will be individual doctors who will get - presumably, will end up in court. And then, you know, the question will arise - were they supported? Can they be supported?

SIMMONS-DUFFIN: He says this is a leadership issue. He wants organized medicine, accrediting³¹ organizations and medical facilities like hospitals to unite in saying clearly that they will support clinicians who decide to follow the standard of care for a patient, even when that violates state abortion laws. Last week at the American Medical Association meeting, the legislative³² body directed a task force to develop a legal defense³³ fund and strategy to help physicians who do face prosecution²⁹. Wynia says that's a good first step.

Selena Simmons-Duffin, NPR News.

1 abortion   

n.流产，堕胎

参考例句：

• She had an abortion at the women's health clinic.她在妇女保健医院做了流产手术。
• A number of considerations have led her to have a wilful abortion.多种考虑使她执意堕胎。

2 risky   

adj.有风险的，冒险的

参考例句：

• It may be risky but we will chance it anyhow.这可能有危险，但我们无论如何要冒一冒险。
• He is well aware how risky this investment is.他心里对这项投资的风险十分清楚。

3 transcript   

n.抄本，誊本，副本，肄业证书

参考例句：

• A transcript of the tapes was presented as evidence in court.一份录音带的文字本作为证据被呈交法庭。
• They wouldn't let me have a transcript of the interview.他们拒绝给我一份采访的文字整理稿。

4 license   

n.执照，许可证，特许；v.许可，特许

参考例句：

• The foreign guest has a license on the person.这个外国客人随身携带执照。
• The driver was arrested for having false license plates on his car.司机由于使用假车牌而被捕。

5 licenses   

n.执照( license的名词复数 )v.批准，许可，颁发执照( license的第三人称单数 )

参考例句：

• Drivers have ten days' grace to renew their licenses. 驾驶员更换执照有10天的宽限期。 来自《现代汉英综合大词典》
• Jewish firms couldn't get import or export licenses or raw materials. 犹太人的企业得不到进出口许可证或原料。 来自辞典例句

6 roe   

n.鱼卵；獐鹿

参考例句：

• We will serve smoked cod's roe at the dinner.宴会上我们将上一道熏鳕鱼子。
• I'll scramble some eggs with roe?我用鱼籽炒几个鸡蛋好吗？

7 wade   

v.跋涉，涉水；n.跋涉

参考例句：

• We had to wade through the river to the opposite bank.我们只好涉水过河到对岸。
• We cannot but wade across the river.我们只好趟水过去。

8 affidavits   

n.宣誓书，（经陈述者宣誓在法律上可采作证据的）书面陈述( affidavit的名词复数 )

参考例句：

• The woman offered written affidavits proving that she was the widow of Pancho Villa. 这女人提供书面证书，证明自己是庞科·比亚的遗孀。 来自《简明英汉词典》
• The appeal was adjourned for affidavits to be obtained. 为获得宣誓证明书，上诉被推迟。 来自口语例句

9 abortions   

n.小产( abortion的名词复数 )；小产胎儿；（计划）等中止或夭折；败育

参考例句：

• The Venerable Master: By not having abortions, by not killing living beings. 上人：不堕胎、不杀生。 来自互联网
• Conclusion Chromosome abnormality is one of the causes of spontaneous abortions. 结论：染色体异常是导致反复自然流产的原因之一。 来自互联网

10 ethical   

adj.伦理的，道德的，合乎道德的

参考例句：

• It is necessary to get the youth to have a high ethical concept.必须使青年具有高度的道德观念。
• It was a debate which aroused fervent ethical arguments.那是一场引发强烈的伦理道德争论的辩论。

11 byline   

n.署名；v.署名

参考例句：

• His byline was absent as well.他的署名也不见了。
• We wish to thank the author of this article which carries no byline.我们要感谢这篇文章的那位没有署名的作者。

12 miscarriage   

n.失败，未达到预期的结果；流产

参考例句：

• The miscarriage of our plans was a great blow.计划的失败给我们以巨大的打击。
• Women who smoke are more to have a miscarriage.女性吸烟者更容易流产。

13 hormone   

n.荷尔蒙，激素，内分泌

参考例句：

• Hormone implants are used as growth boosters.激素植入物被用作生长辅助剂。
• This hormone interacts closely with other hormones in the body.这种荷尔蒙与体內其他荷尔蒙紧密地相互作用。

14 evaluation   

n.估价，评价；赋值

参考例句：

• I attempted an honest evaluation of my own life.我试图如实地评价我自己的一生。
• The new scheme is still under evaluation.新方案还在评估阶段。

15 restrictions   

约束( restriction的名词复数 )； 管制； 制约因素； 带限制性的条件（或规则）

参考例句：

• I found the restrictions irksome. 我对那些限制感到很烦。
• a snaggle of restrictions 杂乱无章的种种限制

16 opting   

v.选择，挑选( opt的现在分词 )

参考例句：

• What courses are most students opting for? 多数学生选什么课程？ 来自《简明英汉词典》
• Wells doesn't rule out opting out and then re-signing with Houston. 威尔斯没有排除跳出合同再与火箭重签的可能。 来自互联网

17 surgical   

adj.外科的，外科医生的，手术上的

参考例句：

• He performs the surgical operations at the Red Cross Hospital.他在红十字会医院做外科手术。
• All surgical instruments must be sterilised before use.所有的外科手术器械在使用之前，必须消毒。

18 incision   

n．切口，切开

参考例句：

• The surgeon made a small incision in the patient's cornea.外科医生在病人的眼角膜上切开一个小口。
• The technique involves making a tiny incision in the skin.这项技术需要在皮肤上切一个小口。

19 construed   

v.解释（陈述、行为等）( construe的过去式和过去分词 )；翻译，作句法分析

参考例句：

• He considered how the remark was to be construed. 他考虑这话该如何理解。
• They construed her silence as meaning that she agreed. 他们把她的沉默解释为表示赞同。 来自《简明英汉词典》

20 pregnancy   

n.怀孕，怀孕期

参考例句：

• Early pregnancy is often accompanied by nausea.怀孕早期常有恶心的现象。
• Smoking during pregnancy increases the risk of miscarriage.怀孕期吸烟会增加流产的危险。

21 essentially   

adv.本质上，实质上，基本上

参考例句：

• Really great men are essentially modest.真正的伟人大都很谦虚。
• She is an essentially selfish person.她本质上是个自私自利的人。

22 vice   

n.坏事；恶习；[pl.]台钳，老虎钳；adj.副的

参考例句：

• He guarded himself against vice.他避免染上坏习惯。
• They are sunk in the depth of vice.他们堕入了罪恶的深渊。

23 prosecuted   

a.被起诉的

参考例句：

• The editors are being prosecuted for obscenity. 编辑因刊载污秽文字而被起诉。
• The company was prosecuted for breaching the Health and Safety Act. 这家公司被控违反《卫生安全条例》。

24 authorize   

v.授权，委任；批准，认可

参考例句：

• He said that he needed to get his supervisor to authorize my refund.他说必须让主管人员批准我的退款。
• Only the President could authorize the use of the atomic bomb.只有总统才能授权使用原子弹。

25 imminent   

adj.即将发生的，临近的，逼近的

参考例句：

• The black clounds show that a storm is imminent.乌云预示暴风雨即将来临。
• The country is in imminent danger.国难当头。

26 straightforward   

adj.正直的，坦率的；易懂的，简单的

参考例句：

• A straightforward talk is better than a flowery speech.巧言不如直说。
• I must insist on your giving me a straightforward answer.我一定要你给我一个直截了当的回答。

27 imprisoned   

下狱，监禁( imprison的过去式和过去分词 )

参考例句：

• He was imprisoned for two concurrent terms of 30 months and 18 months. 他被判处30个月和18个月的监禁，合并执行。
• They were imprisoned for possession of drugs. 他们因拥有毒品而被监禁。

28 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

29 prosecution   

n.起诉，告发，检举，执行，经营

参考例句：

• The Smiths brought a prosecution against the organizers.史密斯家对组织者们提出起诉。
• He attempts to rebut the assertion made by the prosecution witness.他试图反驳原告方证人所作的断言。

30 prosecutions   

起诉( prosecution的名词复数 )； 原告； 实施； 从事

参考例句：

• It is the duty of the Attorney-General to institute prosecutions. 检察总长负责提起公诉。
• Since World War II, the government has been active in its antitrust prosecutions. 第二次世界大战以来，政府积极地进行着反对托拉斯的检举活动。 来自英汉非文学 - 政府文件

31 accrediting   

v.相信( accredit的现在分词 )；委托；委任；把…归结于

参考例句：

• One accrediting agency is the Council for Higher Education Accreditation. 有一个资信鉴定机构是为了高等教育的。 来自互联网
• One accrediting agency is Council for Higher Education Accreditation. 高等教育授权委员会就是这样一个授权机构。 来自互联网

32 legislative   

n.立法机构，立法权；adj.立法的，有立法权的

参考例句：

• Congress is the legislative branch of the U.S. government.国会是美国政府的立法部门。
• Today's hearing was just the first step in the legislative process.今天的听证会只是展开立法程序的第一步。

33 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。