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In one of the most condescending and baseless Supreme Court opinions in recent memory, Justice Anthony Kennedy in April 2007 upheld a federal late term abortion ban on the grounds that "some women come to regret their choice."  Now 18 months later, an exhaustive study of 20 years of research concluded that there is no evidence to support the mythical "post-abortion syndrome" hyped by anti-abortion forces - and regurgitated by Justice Kennedy in Gonzales v. Carhart.

The new research from Johns Hopkins University reviewed 21 studies involving 150,000 women.  The team's systematic review of the highest quality studies in terms of methodology showed "few, if any, differences between women who had abortions and their respective comparison groups in terms of mental health."  In contrast, only the studies with "studies with the most flawed methodology" found any negative long-term, mental health impact.

In its report, the researchers pointed out that, "the U.S. Supreme Court, while noting that 'we find no reliable data to measure the phenomenon,' cited adverse mental health outcomes for women as part of the rationale for limiting late term abortions."  It is Justice Kennedy's dependence on his unproven claim of post-abortion syndrome that the Johns Hopkins team concluded today was wholly without foundation:

"The best research does not support the existence of a 'post-abortion syndrome' similar to post-traumatic stress disorder," Dr. Robert Blum, who led the study published in the journal Contraception, said in a statement.

"Based on the best available evidence, emotional harm should not be a factor in abortion policy. If the goal is to help women, program and policy decisions should not distort science to advance political agendas," added Vignetta Charles, a researcher and doctoral student at Johns Hopkins who worked on the study.

Sadly, distorting science to advance a political agenda perfectly describes Justice Kennedy's jaw-dropping Carhart opinion.  Reversing the Court's position on so-called partial birth abortion just seven years after it struck down a similar Nebraska law, Kennedy swept away Justice Breyer's previous exception for "for the preservation of the...health of the mother."  Derisively referring to physicians as "abortion doctors" and with callous disregard for the health of American women, Kennedy in the 5-4 majority opinion decreed that father knows best.  As the Washington Post's Ruth Marcus recalled:

"Respect for human life finds an ultimate expression in the bond of love the mother has for her child," Kennedy intoned. This is one of those sentences about women's essential natures that are invariably followed by an explanation of why the right at stake needs to be limited. For the woman's own good, of course.

Kennedy continues: "While we find no reliable data to measure the phenomenon, it seems unexceptionable to conclude some women come to regret their choice to abort the infant life they once created and sustained." No reliable data? No problem!

The State has "ethical and moral concerns that justify a special prohibition," Kennedy argued, because "it is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns" the details of the abortion procedure.

As Marcus suggests, Kennedy's mantra of "no data, no problem" was never justifiable as a matter of either law or science, and to be sure, is no longer operative.  Unfortunately, that comes too late for the reproductive rights of American women.

In the wake of their victories with so-called partial birth abortion laws and the Unborn Victims of Violence Act, abortion foes continue to push legislation advancing pseudo-scientific (and unsubstantiated) claims about "fetal pain" and as well as "post-abortion syndrome." Other states look to enact fraudulent health warnings and burdensome new regulations on the operation of family planning centers, laws which have left the entire state of Mississippi with a single abortion clinic. And four states - Alabama, Louisiana, Mississippi, and Oklahoma - now needlessly require mandatory ultrasound procedures for all women seeking an abortion.  Only the Election Day defeats of the McCain/Palin ticket and draconian abortion restrictions on the ballot in South Dakota, Colorado and California prevented a further abrogation of women's reproductive rights that might have taken a generation to undo.

Over the past month, the anti-abortion crusaders have had neither the voters nor science on their side.  Alas, they'll always have Justice Kennedy.

** Crossposted at Perrspectives **

Originally posted to Jon Perr on Fri Dec 05, 2008 at 09:39 AM PST.

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