By Nymisha Desai (PZ ’25)
On September 13th 2022, U.S. Senator Lindsey Graham from South Carolina introduced a bill to ban most abortions nationwide after 15 weeks except in cases of rape, incest or to save the life of the mother. Graham decided on the 15 week threshold because in his words, “the science tells us the nerve endings are developed to the point that the unborn child feels pain.” However, there is no scientific backing regarding whether or when a fetus is able to experience pain.
One of the primary scientists whose findings are used as to back up the abortion laws is Dr. Kanwaljeet Anand, professor of pediatrics, anesthesiology and neurobiology at the University of Tennessee’s Health Science Center. While Dr. Anand said his personal theory is that fetal pain might be felt anywhere from 18 to 24 weeks, he has not collected enough evidence for this theory to be considered a fact. “The issue of fetal pain does not have much relevance for abortion, since most abortions are performed before the fetus is capable of experiencing pain,” he said. He also said that for the small percentage of abortions that are done after the 18 to 20 week mark, there are techniques that can be used to prevent the fetus from feeling pain during the abortion.
Much of science regarding fetal pain is undetermined, thus these arguments and decisions are being made based on theoretical concepts, not scientifically proof. A lot of the research on fetal pain hypotheses are based on children and adults. There is a high level of uncertainty regarding how much this data about pain in children and adults can translate to fetal pain development. Scientists agree that characterizing fetal responses as pain is not simple because it is unclear which fetal reactions are reflexes and which fetal reactions are stress hormones. Some researchers claim that the ability to sense pain depends on consciousness, which is something that could possibly develop slowly during the pregnancy.
While Graham is now trying to pass a nationwide bill to ban abortions past 15 weeks, he previously expressed that he believed abortion laws should be decided state by state rather than nationally. Graham tweeted in May 2022 that this method, “is the most constitutionally sound way of dealing with this issue and the way the United States handled the issue until 1973.”
Not all the GOP senators are in support of Graham’s current bill being implemented nationwide. For example, even the current Senate Minority Leader Mitch McConell, Republican senator from Kentucky, was hesitant to incorporate Graham’s bill. If the GOP wins chamber in November, McConnell will be in charge of deciding whether to hold a vote on a nationwide abortion ban or not. McConell said on September 13th, “I think most of the members of my conference prefer that this will be dealt with at the state level.”
This is not Graham’s first time introducing legislation to restrict abortion at the national level. The first time he did it in 2021, he tried to get abortion banned after 20 weeks, five more weeks than he is attempting to ban now. “States have the ability to do it at a state level, and we have the ability in Washington to speak on this issue if we choose,” Graham stated at a press convention on September 13th 2022 to communicate his new proposal, “I have chosen to speak.”
Conservative values entail being anti-choice and this belief is associated with caring about unborn children’s pain and lives. However, these same conservative values do not include caring for these same children’s lives and pain after they’re born. This is proven by the lack of care regarding the health of not only pregnant individuals, but also women’s health overall. It is also demonstrated through the lack of care to restrict guns. It is shown by the lack of care of children in the foster system, which increases greatly if abortion decreases. Finally, it is displayed through the lack of care for the lives lost from COVID-19, through refusing to get vaccines and wear masks. If a parent does not want to have their child, it is because of the expected lack of health, wellbeing, financial stability, and emotional stability of their future child. All these predicted risky circumstances that will negatively affect a child, and most likely negatively affect the people and structures the child goes on to interact with should not be chosen over the health, wellbeing, and life of a mother. If agency is given when it comes to owning a gun, it should be given when it comes to a woman controlling her own body.
Some alternative ideas to work towards instead of banning abortions and additionally to not banning abortions might be increased funds towards foster care and better safe sex education in schools and colleges.
The Supreme Court overturned Roe v. Wade less than three months before Graham proposed the bill.
