Dean's medical practice boards: setting the record straight

So we've seen Dr. Hern's letter to Dr. Dean, taking him to task for, among many other things, the proposal of medical practice boards to set statewide abortion guidelines, which he brought up during his MTP appearance in May. Just tonight, Madman in the marketplace posted another diary to hit Dean over the head one more time over the same thing. So it finally dawned on me that there's a bit of a confusion going on here. Since Madman's thread has now gone stale, and I suspect that there are a few people here who care about this business, I'm devoting this diary to try and clarify the issue. Follow me...

Okay, first let's hear Dr. Hern one more time. Says Dr. Hern to Dr. Dean:

Your idea of setting up "medical practice boards" to decide who gets late abortions was ruled unconstitutional in Doe v. Bolton in 1973. Look it up. You have no excuse for not knowing this. It is also an invitation for the anti-abortion nut case doctors to take over the process. Terrible idea. Drop it.

Cool. So let's see what Doe v. Bolton has to say about medical boards and abortion decisions:

(b) The interposition of a hospital committee on abortion, a procedure not applicable as a matter of state criminal law to other surgical situations, is unduly restrictive of the patient's rights, which are already safeguarded by her personal physician. Pp. 195-198.

Finally, let's hear what Dr. Dean said on MTP:

DR. DEAN:  You know what I'd prefer to see, frankly?  I'd prefer to see medical practice boards around the country, state by state -- because people do believe different things about this in different states.  I'd prefer to see medical practice boards around the country set ethical guidelines for abortion.  I don't have a problem with that. You know, I don't know of people who do third-term abortions without a moral reason for doing it, which is to save the health and life of the mother. So let them set some ethical guidelines. But I think this debate ought to get out of the realm of having politicians standing up and grandstanding.

Alright kids, now who's been paying attention?

• Doe v. Bolton is talking about hospital committees that get to interfere with individual abortion cases, one of many unconstitutional provisions of a Georgia law that the SCOTUS struck down in that decision.

• Dean, in contrast, proposes medical boards that set statewide ethics guidelines on abortion for physicians. Neither would these have any say in individual abortion decisions, nor would they set abortion law for the state. What they would do, as I understand it, is define a framework of guidelines meant to help doctors make their individual decisions about what is ethical in grey area scenarios (specifically, late term abortion). This is completely in line with Dean's general position that the abortion decision is between a woman and her physician. As Dean said on MTP:

I don't think it's ethical to do third-term abortions, unless-- just to save the health and the life of the mother.  I don't think that's unreasonable. Shouldn't this be a realm where doctors and women make up their minds instead of politicians? What do politicians know about practicing medicine?  Not very many of us have an MD.

It just isn't the same thing. So on this particular issue, Hern's criticism is unfair and probably based on a misunderstanding. Now, just to be clear:

• Whenever Dean as the spokesman for our party says something that lends itself to misinterpretations, that's regretable.

• I do suspect that Dean mentioned his medical practice board idea as a vehicle to be able to say (late term?) abortion should be more of a state by state issue - without actually saying that. Now, I generally like Dean's libertarian pro state rights tendencies. But right-to-privacy issues are probably the last domain where a Democrat wants to clamor for state rights. So, color me sceptical on that count.

• I'm not going to say anything about Dr. Hern's other criticisms of Dean. This diary is neither meant as a smackdown of Dr. Hern nor as a blanket defense of Dr. Dean.