Mother Chooses Life of Baby Over Her Own: How does this Fit into The Abortion Debate?
by Greg Ganske
September 10, 2023
A 35-year-old woman consulted me for a breast reconstruction after a mastectomy for breast cancer. She was then disease-free several years after her cancer treatment. Her oncologist and I thought it was a reasonable request and I reconstructed her absent breast. I was happy to hear that about a year later she was pregnant. At about 6 months in her pregnancy, however, she was diagnosed with recurrent, rapidly progressing cancer. She faced a decision—abort the baby and start radiation and chemotherapy immediately as it would give her the best chance for a longer survival or carry the baby to term without the cancer treatment that would harm and likely kill the baby.
She chose life for her baby. During the last part of her pregnancy without the treatment her cancer went wild from the increased hormones of pregnancy. She delivered a normal baby and died within weeks. I sometimes wonder if that baby, now a grown adult, thinks much of the mother he never knew but who sacrificed her life for him.
Today, despite the diversity of state laws on abortion, every state would allow my patient to abort her baby because living longer meant receiving chemotherapy as soon as possible. The federal government would even pay for a patient with a similar condition who is on Medicaid. For a long time, federal government has allowed tax dollars for abortion in cases of rape, incest and life of the mother, the so-called Hyde Amendment. Nearly all states do the same, and many add “health of the mother” to the list of state exceptions to abortion bans.
In September last year before the midterm elections Republican Senator Lindsey Graham proposed a national ban on abortion after 15 weeks with the usual rape, incest, and life of the pregnant woman exceptions. It’s also included an exception for “health” but limited this to a “substantial and irreversibly physical impairment of a major bodily function.”
A mental health crisis would not qualify as any health threat would have to be physical. I suspect this provision was included to prevent a woman from having an abortion for economic reasons and claiming severe mental stress because of that worry.
A few days ago, at the GOP presidential debate, most of the candidates favored a similar national ban at 15 weeks with exceptions. Conversely, in July 2022 The Democrat controlled House of Representatives passed a bill on a party-line vote that would prevent abortion bans earlier than 24 weeks when a fetus can survive outside the uterus. The bill had exceptions for abortion after fetal viability when a doctor determined the “life” or “health, including mental health, of the mother is at risk.
There were other provisions that went past just restoring Roe v. Wade. The Democrat’s bill—the Women’s Health Protection Act (WHPA) put doctors at risk if they rejected abortions for religious reasons. It conflicted with Supreme Court decisions that upheld state laws requiring informed consent, waiting periods and parental notification as well as laws barring gender preference abortions and significantly eased post-viability abortions.
On May 15, 2022, I wrote a Des Moines Register editorial predicting the leaked Justice Alito draft would become law of the land arguing that the abortion issue should be returned to the states for several constitutional reasons. Similarly, if either the Democrats’ WHPA or Graham’s Congressional abortion bills are now passed, they, too, will stand on shaky Constitutional grounds. Congress is simply not constitutionally authorized to prescribe a national abortion law.
First, the federal government is a government of enumerated, limited powers with the Tenth Amendment mandating that all powers not enumerated and delegated to the federal government are reserved to the states. Congress can regulate interstate commerce and this clause has expanded federal jurisdiction in many areas. However, in the past twenty or so years the Court has held that the Commerce Clause covers only activities that are economic and have a significant effect on interstate markets. For example, in United States v. Lopez a federal prohibition on possession of guns near schools was ruled unconstitutional because this is not economic in any sense. In the 2012 Obamacare case, Chief Justice Roberts struck down the individual mandate to purchase health care as it exceeded Congress’ power under the Commerce Clause.
Abortion is not an interstate economic issue.
The Dobbs decision overturning Roe.V. Wade has unequivocally determined that there is no constitutional right to abortion under the 14th Amendment. Furthermore, Congress does not have the right to change the Court’s definition as it applies to the states. In City of Boerne v. Flores, the court held that Congress’ authority under the 14th Amendment is “corrective or preventive, not definitional.” Thus, Congress can’t create a right to abortion or take it away and compel states to enforce it. The Congressional Research Service has thoroughly discussed these limits in a July 2022 article on “Congressional Authority to Regulate Abortion.”
These points would be used by the losing side in challenging any abortion federal law. It is likely that the same five judges that over-ruled Roe v. Wade would overrule both the Democrat Women’s Health protection Act expanding abortion and any GOP bill limiting abortion.
The debate on abortion during the coming elections will be political and intense but unlikely to eventually change current states’ abortion laws by federal mandate.
It was so sad that my patient had to make the decision between her life or her baby’s. She knew her death would leave a huge hole in her family. She made her choice with selfless love.
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*This column was posted with permission by The Des Moines Register.
Greg Ganske, MD, is a retired plastic surgeon who cared for trauma victims, patients with cancer, farmers with hand injuries, and children with birth defects. He served Iowa in the United States Congress from 1995-2003.
Comments 31
Life is the 1st Principle and the litmus test for my vote. If one is Ok with abortion, one is Ok with anything. Politicians who weave and dodge on the 1st principle will take any and every opportunity to destroy liberty and the pursuit of happiness.
Heroic essay, Dr. Ganske.
agree 100 percent. Heroic essay. Proud to publish it.
One of the terribly sad events here is the fact that a woman with breast cancer became pregnant!
This is a monumental disaster. It should have never happened. Then the entire issue would be moot. It was destined to be a sorrowful tragedy.
This position ignores the foundation of the Christian Faith. God created the Universe and all that is in it including up to today. All Life and especially human life is sacred as it is a continuation of God’s creation. No one has any idea what the ultimate outcome of this woman’s choice will be other than her delivery of a healthy baby boy. Who knows what the life of this boy will mean? Your suggestion is that this woman and her husband should have taken steps to avoid conception. God disagrees.
Steve Baranyk
“She made her choice with selfless love”. Heroic woman/mother.
Thank you Dr. Ganske.
This is about as selfless as it gets, perhaps a soldier sacrificing his or her life for a comrade falling on a grenade. The life litmus test is in my heart too. We are in an era of flexible interpretation of the law or meting out punishment rather than Justice. The Constitution is not a “living document” but our guidepost for a civil democracy. Great column.
My priest was the late William Chiganos of Holy Apostles Greek Orthodox Church in Westchester. His daughter Sophia, a married woman and mother, was diagnosed with cancer. She had a choice to try to save her own life through treatments or protect her baby’s life. She chose the child’s life. A lesson for all of us, and repeated again, here, in the heroic essay by Dr. Greg Ganske. Life.
Reminds me of someone saying a long time ago something about: no greater love is there, than giving one’s life for someone else? Hmm, who would have made a statement like that, it doesn’t even seem to fit into today’s me, Me and ME society. Wonder whatever happened to that person. Perhaps the readers of this, can research what happened to that person who said it, perhaps He’s still alive!
Agreed! We need more Jesus…do what you can to spread the Word.
Organized religion really took a hit with Covid, and was on the downswing before that. We need a Jesus Revolution right now.
Sadly, abortion is a legal debate in politics and morality is secondary because not everyone shares the same beliefs with many falsely believing an unborn baby is not real. A 15-week ban is the compromise needed in the discussion to put this state issue on the federal hold table and focus on what needs to be achieved in 2024: get Biden the #%@ out and put the brakes on the federal government from screwing up our economic lives, keep us safe and figure out the illegal migrant issue.
When people are constantly spoon fed lies from the media, the lies soon become the truth. When abortion became a sacrament to the left unborn children were referred to as “fetus”. You weren’t killing a baby, you were “terminating a fetus”. This was widely pushed in the media and in colleges to impressionable students. Euphimisms like this soon became the norm in our Orwellian media. During our last election cycle I heard the latest euphimism to mask the murdering of unborn children: “Womans Reproductive Justice”. Ya see? Anything other than this is an injustice. Unless your female parts have committed a crime I really don’t know why your parts need justice. A lawyer maybe? Don’t know. The phrase makes no sense. Yes, George Orwell would be proud. Thankfully, since the Covid COVID lockdowns people seem to be waking up to the steady line of bullshit fed to them by the media and are now fighting back. I guess there’s an upside to everything right?
The lies becoming truth is everywhere. I remember the 1st time when Biden’s plagiarism was brought to light. As a teacher, I was horrified. What was worse, nothing happened. No accountability, no punishment, no justice. The blatant lies the politicians put forth get bolder and more brazen. The lack of morality has infected every single aspect of society. When the concept of CRT was introduced via the mainstream media not long ago, school districts claimed that CRT was not in their curriculum. I told my husband “It doesn’t have to be. The individual teachers control what they teach.” Lately I’ve heard that the indoctrination of students studying to be teachers has
been going on for a long time. These teachers now indoctrinate their naive students with lies, and the beat goes on. What a world!
Mr Kass lot of information in this article.
I have request if at some point you could provide a update on the story you did on Bernie Dogamala(sp?)? History that needs to be reviewed so not to be forgotten. I just reread your previous article. Thank you.
What you write about abortion being insufficiently tied to interstate commerce for it to be subject to federal regulation makes perfect sense in the abstract, but is not likely the case under longstanding commerce clause jurisprudence. The commerce clause has proven to be exceedingly elastic, with even the flimsiest connections being found adequate.
Sad story but a reminder how fragile and finite our lives are. The woman twice faced and recognized her imminent death. Our medical community can extend life but cannot prevent death. We live as better people when we can deal with our own eventual and uncertain demise.
Thank you Dr. Ganske telling this story about a courageous woman. She’s in heaven for sure. Always remember Democrats kill babies, pure evil exists in front of us every day. God bless you Doc.’
I often wonder what my late parents, both lifelong Democrats and members of the “greatest generation,” would think of their party today. It has gone from being the party of hard-working, middle class, church-going, patriotic Americans to being the party of baby killing, pedophilic, God-hating, America-bashing idlers who think someone owes them something for doing and being nothing. Would my parents have supported such shit? I doubt it.
Unfortunately, many Dems I know refuse to watch the news because of the violence. They don’t educate themselves on what is really happening in our society and why it is happening. When they go to the polls, they will all vote straight Democrat. Most will not jump the fence.
Many choose to ignore what abortion really is (murder of an innocent baby). Although I believe one can be forgiven for their sins, if you don’t ever admit to any wrongdoing, that won’t happen. None of us are perfect, and my heart goes out to women caught in any uncontrollable situation, but we shouldn’t be using abortion as a form of birth control. Killing another human being is wrong, and is not a “right.”
I totally agree with the first comment in this string. It should be a litmus test as to who you vote for.
Thank you for sharing this column with us.
Your article brought me to tears with empathy.
My daughter died from breast cancer in November 22 after a heroic eight-year battle. She was 36.
She was diagnosed in June 2014 with DCIS. A month later, after a mastectomy, she fearlessly conceived her first child. He a happy eight-year-old today.
My daughter never doubted that her medical team would defeat her cancer.
Her second son was conceived in 2018 and was born in June 2019.
The cancer advanced significantly during her second pregnancy. But never, not even one time, did my daughter regret giving life to her sons.
My daughter lived to see her second son’s third birthday. She never considered killing her boys for the “life of the mother.”
God bless your daughter and your entire family.
Thank you, Dr Ganske, for that moving story.
Blacks make up 13% of the population, yet receive 40% of the abortions.
They comprise over 2/3 of the murders, and a higher % of drug addicted, alcoholic, cigarette smoker and lung cancer, disproportionate diabetes, obesity, They’re schools are crowded out by “refugees”, and the schools spend more time teaching about equity and race than reading.
Why they vote at all is a surprise to me, but those who they vote for don’t have to do anything for them. Barack Obama proved that.
31 Iowa counties voted for Obama twice, yet voted for Trump in 2016. Does that mean those voters are racist?
There is a genocide being perpetrated against the black race, especially the poor blacks.
As a previous poster said, Trump asked “what do you have to lose”? He stinks to high hell and did indeed break the law. The Democrats should be routing across the board.
Yet, even 60% of Democrats say the country is going in the wrong direction.
The abortion issue is merely one of the many issues in which they will not put their foot down and opt to get in line with Europe where it is very difficult to get an abortion after the first trimester.
Instead the party of “choice” wants to force Catholic hospitals to perform abortions, and abort the babies of service members too.
It’s a handy issue to fundraise off of for both of our corrupt corporate captured parties.
The Democrats only have the complete tone deafness and callous greed of the Republicans to thank for them even having a shot in 24.
They will turn out for abortion though. It seems there are far more baby-killing voters than those who want force rape victims to carry a child to term.
Me, I won’t be voting for either of them.
You don’t think Trump plays the idiots that send hi money as chumbolones?
That being said, the mug shot is classic.
Even if he didn’t try to illegally overturn the election, they’d have gotten him on something. He’s not a member of the club as Bush and Obama were.
Only Sleepy Joe is going senile before our eyes, and Harris has zero political skill and the oration skilled of Richard M Daley. Only she ain’t got the machine behind her.
If she won’t resign, they’ll carry Joe over the finish line and have him resign.
Though they prefer Gavin Newsom, I’m sure. He will do or say anything to serve his corporate masters.
He’s even more of a prostitute than Sleepy Joe
This was the mother’s decision to proceed with the pregnancy. It would have been her decision to terminate if she had decided to do that.
I applaud her for giving her baby a chance at life. It was a selfless act. It’s one that I would assume most mothers would make, but I would never force them to. It should be her choice. There’s no comprehensive plan to reduce the number of abortions,Molly punitive measures where the woman is held responsible and the man gets to skate.
This is indeed a heart wrenching article. But I bet a lot of mothers would have done the same. I know David Pearling’s daughter would have … and in a way she did.
My concern is what happens next. I am not as optimistic as Dr. Ganske is, in his belief that the Commerce Clause is a dead letter. No doubt both prochoice and prolife will try and use the commerce clause to pass national abortion legislation. And as the good doctor points out, that is unlikely to pass constitutional muster with the Supreme Court … at least the present Supreme Court. But if the 2024 election results in the Democrats holding the Presidency, the Senate and flipping the House, which is certainly plausible, all bets are off. Realize the Democrats are committed to “packing the Court.” In that event, if successful, there very well could be a national “prochoice” legislation deemed perfectly constitutional by the new expanded SCOTUS. Therefore, I would not rule out the possibility that the Court might “bless” such legislation … even overturning Lopez and Sebelius and returning to the prior “open ended and very elastic” interpretation of the Commerce Clause of past decades. This is another reason why the Republicans better nominate a candidate who has a realistically high chance of winning the Presidency.
Bruce: Again…your analysis is spot on. And again…our country stands at a precipice. The radical left goons own the press-tocricy (my term). The press-tocricy, top down, is owned and staffed by evil. Period.
Hitler and Himmler might blush at the current stand by the left on abortion.
Who besides me knows that support for liberal abortion stems from two ideas: It is a $$multi-million dollar industry in many ways paid by tax money. And it was Planned Parenthood’s founder, Margaret Sanger’s, goal was to slaughter blacks and other non-whites in the womb.
My daughter may not have considered the consequences of going through two pregnancies while battling breast cancer. She always believed that she would be healed. It was not to be. But her legacy is two healthy boys.
Mr. Pearling, So sorry for your loss. I hope you’re able to have some comfort knowing that she is at peace with Our Lord and Savior.
The hypocrisy of the left never ceases to amaze me. They shout about racism yet the founder of their beloved planned parenthood was one of the biggest racist in history.
Exactly!
Mr. Raducka:
Thank you. My daughter, Chiara, is still an inspiration to me. He unwavering courage throughout her more than eight years was amazing.
I am thankful for her two sons, my grandsons.
God bless this mother. I am in awe of her. Hopefully the child she selflessly sacrificed for will accomplish great things in the life received from such a loving mother.