Opinion

Stories I’d like to see

How would a woman “prove” rape to qualify for Romney’s abortion exemption?

Steven Brill
Aug 28, 2012 15:31 UTC

In the wake of the Todd Akin firestorm, Mitt Romney and a flip-flopping Paul Ryan have emphasized that their anti-choice stance excludes rape. In a Romney administration, abortions would be outlawed except in the case of women who have been raped, the Republican ticket has promised.

So here’s an idea, first suggested by my daughter and one of her friends: Who’s going to be the first reporter to ask Romney or Ryan how that would work? How would they implement that exception?

Would a woman’s rapist have to be convicted in court? How would that work, given that in most criminal cases it takes longer than nine months from when the crime is committed to catch the criminal (assuming the criminal is caught), prepare charges and reach a verdict. In fact, the window would be significantly less than nine months; it would start from when the pregnancy is discovered and end somewhere around the 16 to 20 weeks left during which abortions can be performed most safely.

Or would the exception be triggered just on the woman’s say-so? (Maybe that’s part of what the mentally challenged Akin was talking about when he referred to “legitimate” rape.)

Or would there be some kind of new quasi-judicial process falling somewhere between a full-fledged trial and a simple statement of victimization? Would each state have to set up a new tribunal to handle these “cases”? Who would be the judges or juries? What evidence would be admissible? Would there be an adversary engaged to challenge the woman’s claim and whatever evidence she offers? Who would that be? Could those challenges include references to her prior sexual history? Would there be criminal penalties for perjury? And, if as the Republican platform decrees, the outlawing of abortion should be implemented via a “human life” amendment to the Constitution, would Romney suggest that language defining rape and how it would qualify for the exception also be written into the Constitution? How would he craft language establishing that a fetus that is the product of rape is not a human life?

Campaign questions, the world’s worst government agency, and medical lobbies

Steven Brill
Jan 17, 2012 14:28 UTC

1. Mitt’s tax bracket:

Note to television producers or editors about to do interviews with Mitt Romney on the campaign trail: The tax rate for the lower-middle class and middle class (joint filers earning roughly $17,000 to $70,000) is 15%. So any of your reporters doing an interview with Romney should ask him if he paid more than 15% of his total income in federal income taxes last year, or more than 25% — the bracket for income from $70,001 to $142,700.

Because of preferential treatment of capital gains, of “carried interest” income earned by people in the private equity business, and of money derived from offshore investments, as well as other tax breaks, there’s a good chance that Romney didn’t pay at a rate of 25% or even 15%. Be sure to use “total income” in the question, which would be Romney’s income before taking deductions for many of the tax breaks not available to average wage earners. Update: Shortly after this column was published, Romney was asked precisely this question, and told reporters that he paid “closer to the 15% rate than anything.”

Romney’s likely answer, based on what he has said so far, will be that he has not decided to release his tax returns but that he may do so later.

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