George --

One of the things that has always puzzled me about the debate in Virginia on "partial-birth" abortions is that late-term abortions, whether "partial-birth" or otherwise, have been illegal in Virginia since 1975. The Code of Virginia (Section 18.2-74) prohibits all 3rd trimester abortions. There are only two exceptions: where continuing the pregnancy "is likely to result in the death of the woman" or where it is likely to "substantially and irremediably impair the mental or physical health of the woman."

In all other cases, 3rd trimester abortions have been illegal for 25 years. Why, then, all the fuss?

The "partial-birth" abortion law passed by the General Assembly in 1998 (and now void because the Supreme Court has made it clear it is unconstitutional) made one important substantive change to the previous law: it eliminated the exception for situations where the health of the mother would be "substantially and irremediably impair[ed]." And that is the real issue.

Yet most of the debate has focused on whether "partial-birth" abortions are or are not gruesome and are or are not ever medically necessary. The real question is whether the government should prohibit doctors acting in good faith and in an emergency situation from using this particular procedure if they and the patient believe, in the circumstances they are faced with, that it is the best choice for the patient. That is the reason Chuck Robb (and Bill Clinton) opposed the Republican bills on this issue, and they were right to do so.

As to Paul Goldman -- it doesn't sound like he remembers the Wilder campaign very well. I thought Wilder did an excellent job on the abortion issue during his campaign. He repeatedly reminded us that the question is whether the decision about abortion should be made by Big Government or by the people directly involved. Allen believes it should be Big Government. That is extreme on this issue, and out of step with most Virginians.

Allen's position on this also makes it clear that when Allen says he "trusts the people, not the government" to make important decisions, he means "except when I think I know better."

Ed Wayland (electronic mail, October 23, 2000).