Introductory Note: Not only was Kareem a great UCLA Basketball star and NBA super-star, but he has become in recent years a noted public intellectual, social justice activist and commentator. I subscribe to his Substack posts at kareem@substack.com and highly recommend it. He discusses intelligently anything and everything that catches his interests and that is part of the national conversation. This piece lays out the specific impact of the Supreme Court’s cancellation of Roe v Wade. After reading it, I wondered whether the ark of history bending towards justice is always true. Yet, I also recall Jiminy Cricket’s teaching of physics to us boomers in the 1950s Sunday night World of Disney that “to every action there is an equal and opposite reaction” – meaning, that the 2024 election is coming and if the Democrats are clear about the consequences of the nation’s votes vis a vis first amendment rights, the viability of our constitutional system of government and many other issues, we will elect more Democrats to the House and Senate to fulfill Joe Biden’s promise to pass a national law allowing the right-to-choose across the country.
Here is a quick review of the Jewish position on abortion:
- The life of the fetus is not equivalent to the life of the mother (Exodus 21:22-25 – “Should men brawl and collide with a pregnant woman and her fetus come out but there be no other mishap, he shall surely be punished according to what the woman’s husband imposes upon him, he shall pay by the reckoning” – Had the guilty party killed his adversary, he would forfeit his life (Exodus 21:12). The status of the fetus is clearly not equivalent to the status of an independent life (i.e. the mother) as the punishment was not life for life, but rather an economic penalty.
- Judaism affirms that life begins at birth, not before. The Mishnah (Oholot 7:6 – 2nd century CE) states: “A woman who was having trouble giving birth, they abort the fetus inside her and take it out limb by limb, because her life comes before its life. If most of the head come out already they do not touch it because we do not push off one life for another.” Rashi (Commentary on Talmud, Sanhedrin 72b – 11th century) affirms as well that “whatever has not come forth into the light of the world is not a human life.” This is repeated in the Shulchan Arukh (Chosen Mishpat 425:2 – 16th century CE).
- Abortion is permissible when the life of the mother is threatened should the fetus be carried to term (Rabbi Yechutiel Teitelbaum of Sziget, 1886)
- Abortion is permissible when the mental and/or physical well-being of the mother is in question should the fetus be carried to term (Rabbi Ben Zion Uziel – 1880-1953, former Sephardic Chief Rabbi of Palestine).
Conclusion – Abortion is permissible in Judaism. Further, in a democracy a woman must have the right to choose as a matter of conscience and liberty how to proceed concerning matters about her own body, her physical and mental health and well-being.
The following is Kareem’s most recent Substack post concerning the present state of America post Roe v Wade.
SUMMARY: In the year since Roe v. Wade was overturned, Americans have been forced to reckon with the utter disaster that’s been created in the 20 U.S. states that have banned or restricted abortion access.
And things are only getting worse, Mini Timmaraju, president of NARAL Pro-Choice America, reveals on this week’s episode of The New Abnormal.
…Yet despite polls showing that abortion access has become more popular than ever in the United States, the opposition to women’s health care continues.
“The states that were the quickest to enact abortion bans are the same states with the worst rates of maternal mortality,” Timmaraju explains.
Indiana–which has the third-highest maternal mortality rate among all reporting states–became the first state to pass an abortion ban after Roe v. Wade fell in late June 2022. Other states, including Missouri and Alabama, banned abortion through existing trigger laws that were set to take effect once a decision striking Roe came down.
Alabama’s most recent state-specific maternal mortality rate was 36.4 deaths per 100,000 live births in 2018—again, one of the highest in the country.
She adds that along with maternal mortality rates, the states also lack paid family leave and “have no childcare infrastructure that are generally terrible in terms of environmental protections and clean water and air. So these are not conditions in which anyone wants to choose to raise a family or has the conditions to have a family that would thrive.”
MY TAKE: In the year since Roe v. Wade was overturned, I’ve been living in a perpetual state of shock. May Gallup polls show 85% of Americans believe abortion should be legal in at least certain circumstances, and 69% believe abortion should broadly be legal in the first three months of a pregnancy, which is a record high. About 57% agree that the Court decision was “bad for the country.”
Yet, here we are. We have 20 states enacting severe abortion restrictions. We have presidential candidates wanting even stricter limitations. Candidate Mike Pence is proposing a national 15-week abortion ban (“Pence on abortion limits: ‘We just can’t rest or relent’”).
For those actually concerned about life: the rate of deaths from maternal causes has been steadily rising for years. In 2018, it was 658 women. In 2021, 1,205 women died. That’s nearly double the number of deaths in just three years. The US maternal death rate for 2021 was 32.9 deaths per 100,000 live births. The rate for Black women was 69.9 deaths per 100,000 live births, while the rate for White women was 26.6 per 100,000. That’s 2.6 times more likely to die if she’s Black. This racial disparity may be why certain states don’t seem to care as much.
Here are the states where women are more likely to die from childbirth (starting with the worst state): Arkansas, Mississippi, Tennessee, Alabama, Louisiana, Kentucky, Georgia, etc. (You can see the pattern: states with poor education, a weak economy, but strong racism have the highest death rates.) Florida’s maternal death rate is 26.30, while “woke” California is the safest state in the nation, with 10.10. Probably something DeSantis won’t mention in his stump speech.
The anti-abortion campaign is the largest suppression of civil rights in the nation’s history. Women make up 50.4% of the U.S. population and still face daily discrimination that can be life-threatening. This isn’t merely an “agree to disagree” issue or “a matter of opinion.” The antiabortion stance is not based on science or logic or even the history of human rights. It’s a position that lacks merit, consistency, or constitutional standing. I know proponents of banning abortion think they’re being moral, but they are actually the opposite. They think they’re strengthening the country, but they’re weakening it. Not one antiabortionist could stand up to any scrutiny of their arguments without, in the end, having to default to religious faith.
Our Constitution protects the practice of faith, not the forcing of faith on others. In fact, we are also protected from that. It is vital that in the next election, we make that irrevocably clear.