072680 Tax savings
In her July 8 account of the hearing to consider a local law requiring that parents of an unmarried minor who intends to have an abortion be notified by the girl's doctor. Donna Greene touched on a few of the salient facts. She reported that 43 spoke against and 26 spoke in favor of the legislation and that 'there were impassioned pleas and political threats." Understandably her report was superficial. she did not have sufficient time to make in-depth evaluations.
What importance should be attached to the 43-26 ratio? More than a few of the 43 were either directly or indirectly benefiting financially by providing abortions or abortion services. Many of them were more concerned with its effect on their earning a living. The ratio 43-26 is of little value
In her article on July 13 Ms. Greene notes that the board is about to ignore the advice of a part-time legal advisor. He told the legislative committee that in his opinion the county has no legal right to enact the law because the state pre-empts the regulation and practice of medicine.
However, in one of its earlier unsigned decisions. the Supreme Court ruled that "the Constitution does not forbid a state or city. pursuant to democratic processes. from expressing a preference for normal child birth." Moreover, in the June 30 decision. Justice Potter Stewart points out that "abortion is inherently different from other medical procedures, because no other procedures involve the purposeful terminating of a potential life."
A reasonable conclusion is that since abortion is not a medical procedure and since cities may express a preference for child birth, the state regulations controlling medical practices may not be applicable. Because of the need to have these and other related questions clarified, the board should approve the legislation to bring the matter before the courts.
Since 5.200 abortions are reported to have been performed in Westchester during 1978, the litigation costs would be offset in a few years by the annual savings that would result from not having to use tax monies to pay for these abortions.
PATRICK H. McHUGH