PintoBean
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So recently the Center for Medical Progress (a conservative lobbying group, which no doubt raises some of your hackles) has released a number of under-cover videos taken as they discussed the harvest and sale of tissue/organs/parts from fetuses at Planned Parenthood and their affiliates. Applicable federal law includes but may not be limited the following:
"42 U.S. Code 289g covers the prohibitions regarding human fetal tissue and states that, “It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.”
and
"18 U.S. Code § 1531 - Partial-birth abortions prohibited
US Code
Notes
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(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment.
(b) As used in this section—
(1) the term “partial-birth abortion” means an abortion in which the person performing the abortion—
(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus;..."
I watched the videos and came to the conclusion that PP may well be breaking the law three different ways:
1) They are profiting from the sale of fetal tissue. In one video the PP Director of Medical Services acknowledges that they are not allowed to profit from their sales. That is any funds they receive can only be for them to break even in the process of "donating" tissue for the purpose of scientific research of profit or non-profit groups. The funds they receive then should only cover things such as the storage and transport of the harvested parts. However, at one point during the video she acknowledges that it is good if they can "come out a little ahead." You can't really get around that. It's illegal to "come out ahead" financially when dealing with human fetal tissue.
[video=youtube;H4UjIM9B9KQ]https://www.youtube.com/watch?v=H4UjIM9B9KQ[/video]
And pay attention to this one starting at aprox 5 mins:
[video=youtube;GWQuZMvcFA8]https://www.youtube.com/watch?v=GWQuZMvcFA8[/video]
2) They are likely violating patient consent laws by changing the way the procedure is performed. It seems the patient never actually consents to the breech (ie non-partial birth position) removal of the fetus that is being used at least sometimes vs. the regular manual or machine suction/vacuum aspiration method, which as I understand it, basically pulls the baby out in parts, yet the PP doctors acknowledge to tweaking the position in order to deliver the baby in what I understand to be (and correct me if I am wrong) in a partial birth abortion type of way by using a less "crunchy technique" that the patients don't understand or consent to. This in order to get more whole organs (pay attetion at aprox 5 minutes):
[video=youtube;MjCs_gvImyw]https://www.youtube.com/watch?v=MjCs_gvImyw[/video]
3) They are likely violating the partial birth abortion prohibition if a feticide or other technique has to be used if the fetus is still alive upon removal from the womb.
So I think Planned Parenthood is systematically breaking the law. I am aware that this lobbying group who went under-cover may well be repugnant to you. The videos are produced in a slick, high-agenda manner. But it's hard to get around some of the things they disclose. For the record, I am pro-choice. The issues I am putting out there are about violating federal laws pertaining to partial birth abortions and sale for profit of fetus parts, and state laws involving patient consent. I am not debating whether those laws should exist, whether they are right/wrong or unconstitutional etc.
Thoughts?
"42 U.S. Code 289g covers the prohibitions regarding human fetal tissue and states that, “It shall be unlawful for any person to knowingly acquire, receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer affects interstate commerce.”
and
"18 U.S. Code § 1531 - Partial-birth abortions prohibited
US Code
Notes
prev | next
(a) Any physician who, in or affecting interstate or foreign commerce, knowingly performs a partial-birth abortion and thereby kills a human fetus shall be fined under this title or imprisoned not more than 2 years, or both. This subsection does not apply to a partial-birth abortion that is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself. This subsection takes effect 1 day after the enactment.
(b) As used in this section—
(1) the term “partial-birth abortion” means an abortion in which the person performing the abortion—
(A) deliberately and intentionally vaginally delivers a living fetus until, in the case of a head-first presentation, the entire fetal head is outside the body of the mother, or, in the case of breech presentation, any part of the fetal trunk past the navel is outside the body of the mother, for the purpose of performing an overt act that the person knows will kill the partially delivered living fetus; and
(B) performs the overt act, other than completion of delivery, that kills the partially delivered living fetus;..."
I watched the videos and came to the conclusion that PP may well be breaking the law three different ways:
1) They are profiting from the sale of fetal tissue. In one video the PP Director of Medical Services acknowledges that they are not allowed to profit from their sales. That is any funds they receive can only be for them to break even in the process of "donating" tissue for the purpose of scientific research of profit or non-profit groups. The funds they receive then should only cover things such as the storage and transport of the harvested parts. However, at one point during the video she acknowledges that it is good if they can "come out a little ahead." You can't really get around that. It's illegal to "come out ahead" financially when dealing with human fetal tissue.
[video=youtube;H4UjIM9B9KQ]https://www.youtube.com/watch?v=H4UjIM9B9KQ[/video]
And pay attention to this one starting at aprox 5 mins:
[video=youtube;GWQuZMvcFA8]https://www.youtube.com/watch?v=GWQuZMvcFA8[/video]
2) They are likely violating patient consent laws by changing the way the procedure is performed. It seems the patient never actually consents to the breech (ie non-partial birth position) removal of the fetus that is being used at least sometimes vs. the regular manual or machine suction/vacuum aspiration method, which as I understand it, basically pulls the baby out in parts, yet the PP doctors acknowledge to tweaking the position in order to deliver the baby in what I understand to be (and correct me if I am wrong) in a partial birth abortion type of way by using a less "crunchy technique" that the patients don't understand or consent to. This in order to get more whole organs (pay attetion at aprox 5 minutes):
[video=youtube;MjCs_gvImyw]https://www.youtube.com/watch?v=MjCs_gvImyw[/video]
3) They are likely violating the partial birth abortion prohibition if a feticide or other technique has to be used if the fetus is still alive upon removal from the womb.
So I think Planned Parenthood is systematically breaking the law. I am aware that this lobbying group who went under-cover may well be repugnant to you. The videos are produced in a slick, high-agenda manner. But it's hard to get around some of the things they disclose. For the record, I am pro-choice. The issues I am putting out there are about violating federal laws pertaining to partial birth abortions and sale for profit of fetus parts, and state laws involving patient consent. I am not debating whether those laws should exist, whether they are right/wrong or unconstitutional etc.
Thoughts?
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