{"id":223011,"date":"2020-05-05T14:35:17","date_gmt":"2020-05-05T19:35:17","guid":{"rendered":"https:\/\/www.liveaction.org\/news\/?p=223011"},"modified":"2024-09-20T12:19:25","modified_gmt":"2024-09-20T17:19:25","slug":"fact-check-new-york-abortions-birth","status":"publish","type":"post","link":"https:\/\/archive.liveaction.org\/news\/fact-check-new-york-abortions-birth\/","title":{"rendered":"Fact checking the fact checkers: Yes, New York does allow abortions up to birth"},"content":{"rendered":"
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In an attempt to debunk a viral Facebook post about New York Governor Andrew Cuomo, a recent fact check from <\/span>USA Today<\/span><\/a> made several significant errors. The news outlet attempted to counter the claim that New York Gov. Andrew Cuomo signed a bill legalizing abortion up to birth.\u00a0<\/span><\/p>\n

Last year, <\/span>Cuomo<\/span><\/a> lit up the state\u2019s landmarks in pink after signing into law a bill that expanded the viability threshold for late-term abortions, allowing it<\/a> when a preborn child is diagnosed with a condition that could cause death at or shortly after birth. It also allows for abortions through all nine months when the mother’s life or health are at risk. Yet\u00a0<\/span>USA Today<\/span><\/a> claimed the idea that New York\u2019s Reproductive Health Act legalized abortions up to the point of birth is \u201cpartly false.\u201d\u00a0<\/span><\/p>\n

READ:\u00a0Women who refused late-term abortion: \u2018Shame on you, Governor Cuomo\u2019<\/a><\/em><\/strong><\/p>\n

The fact check reads, \u201cWhile it is true that New York\u2019s abortion law allows procedures after 24 weeks, there are rules guiding that procedure: if the fetus is not viable or if the health or life of the mother is at risk. If medical practitioners determine that either of these factors are present, the mother can choose to have an abortion.\u201d\u00a0<\/span>Continuing, the article says, \u201cIt is false to state or imply that any abortion can occur in New York \u2018up until birth\u2019 as the social posts claims. That is misleading.\u201d\u00a0<\/span><\/p>\n

But there are problems with this assessment.\u00a0<\/span>Doe v. Bolton<\/span><\/i><\/a>, the Supreme Court case released on the same day as <\/span>Roe v. Wade<\/span><\/i>, ruled that it\u2019s up to the discretion of the abortionist<\/em> to determine if the procedure whether the procedure is medically necessary. The case says that \u201cmedical judgment may be exercised in the light of all factors \u2013 physical, emotional, psychological, familial, and the woman\u2019s age \u2013 relevant to the wellbeing of the patient. All these factors may relate to health.\u201d In other words, “health of the mother” can encompass anything the abortionist — who stands to profit from the abortion — decides is reason enough. Cuomo stated<\/a> that the intent of the RHA was to bring New York’s abortion law into line with Roe<\/em> and Doe<\/em>.<\/span><\/p>\n