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Saletan Wrong Again

William Saletan completely misses the boat on emergency contraception.

Emergency contraception, also known as the “morning-after pill” and marketed in this country as “Plan B,” is a drug that a woman can take after sex but before an embryo attaches to her womb. If you don’t know much about this murky week in the reproductive process, it’s time to learn. Lawmakers in many states are deciding right now whether EC will be easy or hard to get. Some say it causes abortions. Some say it only prevents them. And the dirty little secret is, nobody really knows.

And… wrong. We actually do know how ECPs work, because they contains the exact same hormones as birth control pills, and we have a pretty good idea as to how those operate. They thicken cervical mucus so that it’s tougher for sperm to get through, and they inhibit ovulation. Those are their primary functions.

A small clarification needs to be made here, too. “Emergency contraception” is a broad term, and is usually used in reference to emergency contraception pills, or ECPs. But another form of emergency contraception is the insertion of an IUD soon after unprotected sex. That often gets forgotten or overlooked (and indeed, Saletan doesn’t mention it).

Some have speculated that birth control pills and Plan B can prevent a fertilized egg from implanting in the uterus. That’s what Saletan means when he says that “nobody really knows.” He’s right, we don’t know for sure whether or not BC and ECPs prevent implantation — but the most recent, comprehensive studies suggest that they don’t.

Many people think EC can’t be birth control, since it’s taken after intercourse. This is—forgive me—a misconception. Sex-education classes often give the impression that the egg waits for sperm to show up. It’s usually the other way around. An egg loses its fertility within 12 to 24 hours. It takes sperm about 10 hours to reach the egg, and sperm can survive in the female reproductive tract for up to five days. If you want to get pregnant, you’d better send in the sperm before the egg shows up. But if you don’t want to get pregnant, and the sperm are on their way or already there, you still have time to stop the egg.

So far, so good. (Interesting piece of trivia: In one study, sperm survived in a woman’s body for 12 days after intercourse. That, obviously, is exceptionally rare).

That’s the idea behind Plan B. “It prevents pregnancy mainly by stopping the release of an egg,” says the manufacturer, Barr Pharmaceuticals Inc. However, Barr adds, the drug “may also prevent the fertilization of an egg” or prevent a fertilized egg “from attaching to the uterus.”

There’s the rub. If you think a fertilized egg is a human being, as anti-abortion activists do, then preventing it from attaching to the uterus is abortion. Some anti-abortion groups—Americans United for Life, the American Life League and Concerned Women for America—assert flatly that Plan B does this. The National Right to Life Committee, however, isn’t sure. It’s taking no position until Plan B’s effects are clarified. The South Dakota legislature, which banned abortions a month ago, exempted any “contraceptive measure, drug or chemical, if it is administered prior to the time when a pregnancy could be determined through conventional medical testing”—i.e., Plan B.

Now, wait a minute: Here’s the problem with adopting anti-choice terms and their skewed view of reality. Abortion by definition ends an established pregnancy. Pregnancy by definition occurs when a fertilized egg attaches to the uterus. How can an “abortion” occur if there was never a pregnancy to begin with?

But nevermind that. The anti-choice world view may be a little like looking down the rabbit hole, but Saletan is perfectly happy to swallow it up.

Let’s look at this again: “If you think a fertilized egg is a human being, as anti-abortion activists do, then preventing it from attaching to the uterus is abortion. ” Now how seriously would we take this statement if I said, “If you think that the human capacity for love is kept in the heart, as I do, then a heart transplant effectively transfers one person’s capacity for love to another”? Sure, I might believe it, but does that make it true or valid or even worth discussing? There are medical truths, and there are ideological agendas, and there are religious beliefs. Sometimes they overlap, and sometimes they don’t. But accepting this anti-choice argument at face value and repeating it as if the anti-choice idea that pregnancy begins at conception and you can abort a pregnancy that never existed is just as valid as the actual medical definitions of pregnancy and abortion is plain irresponsible. And it’s bad journalism.

Even the Catholic Church is uncertain. The U.S. Conference of Catholic Bishops authorizes doctors to offer a rape survivor a drug that blocks ovulation or fertilization “if, after appropriate testing, there is no evidence that conception has occurred already.” According to the Catholic Health Association, most Catholic hospitals interpret this directive liberally, since conception is hard to verify and there’s “no direct scientific evidence” that EC blocks implantation.

“Conception is hard to verify”? Try… nearly impossible. Pregnancy tests detect pregnancies, not fertilized eggs. Which he might have known had he, say, read his own article:

as the Catholic Health Association explains, “There is no current method for ascertaining that an ovum has been fertilized until implantation.” It takes a week and a half for hormones to register in pregnancy tests. To verify fertilization before then, you’d have to open the woman up. And that would kill the embryo.

And about half of fertilized eggs naturally don’t implant anyway, shedding serious doubt on the contention that fertilization should be the point at which we consider “life” and “pregnancy” to begin.

If the two camps were to stop spinning and listen for a moment, they might learn something from each other. Proponents of EC, who talk so much about choice and information, might realize that their denials of any abortion risk from Plan B, through semantics or stretching of the evidence, deprive women of informed consent. The right to choose a pill that’s probably birth control but possibly abortion includes the right to know that’s what you’re choosing.

I agree that women have a right to know that both ECPs and birth control pills may prevent a fertilized egg from implanting. But that doesn’t make it an abortion, not by any stretch. And putting Plan B in a completely different category that birth control pills is innaccurate, and furthers the confusion about what it actually does.

Saletan has done us all a major disservice with this misleading and factually inaccurate article.


22 thoughts on Saletan Wrong Again

  1. Great post! I think so many people confuse EC with RU-486, so “there can’t be an abortion if there wasn’t a pregnancy” is a clear way to distinguish between the two.

  2. Much of this is already in your post, but Ronald Green (a former member of the President’s Council on Bioethics, before it was decided he was evil) does a good job of showing that the biology of human reproduction simply does not admit of a definitive “moment of becoming-human.” Here’s a link to his article: “Determining Moral Status.”

  3. Given that “the biology of human reproduction simply does not admit of a definitive “moment of becoming-human.”” I hope you will forgive pro-lifers if they err on the side of life.

    I think you’ve done a good job, Jill, of identifying problems with terminology. You are correct to point out that pro-lifers are opposed to the destruction of conceived humans. And for a pro-lifer, conception occurs when the egg is fertalized, rather than when it is implanted.

  4. While I’m with you on the substantive point–Saletan was far too equivocal about the research–I really think that the argument you seem to be making here (“abortion as defined by doctors means post-implantation, so EC just can’t be an abortifacient”) is a total non-starter.

    The medical definition of pregnancy and hence abortion is a term of art, picked in order to be useful to medical science. As you say, it’s basically impossible to directly detect anything pre-implantation, so it only makes sense for medical purposes to conceptualize pregnancy as afterwards.

    But just because it makes sense for the medical term of art to be used that way doesn’t mean political or moral discourse will, or ought to, go along. (Just because “fair use” means something rather specific in copyright law doesn’t mean that one can’t make semantically meaningful assertions about the fair use of other’s work that don’t at all track legal doctrine!)

    I think the analogy you use–“If you think that the human capacity for love is kept in the heart, as I do, then a heart transplant effectively transfers one person’s capacity for love to another”–is inapt; the heart case is about someone making a (silly, even if fertile ground for romantic movies!) claim of causality. The pregnancy case is not (or doesn’t have to be); it’s a claim about *moral* status.

    The pro-lifer can listen to you patiently and say, “call it whatever you want; I believe that the fertilized egg is a person and hence someone with one inside her is pregnant in the *morally relevant* sense, and thus intentionally doing something that is likely to cause it to fail to implant is abortion in a moral, not medical, sense.” The argument can then turn to the actual probabilities and perhaps you can convince her that her view leads to bizarre and absurdly demanding consequences about morally acceptable behavior, but simply appealing to medical authority about the definition of pregnancy will convince almost no one.

    What might convince people–what you do in some parts of the post, eg., the natural nonimplantation rates–is giving *reasons* why they should consider the medical definition the appropriate one for moral discourse. But it’s only this, combined with more accurate knowledge about the causal mechanisms at issue, that will, or at least should, win the day. Purely semantic arguments only muddy the waters.

  5. (And hey, Gabriel Malor’s post above is a nice real-life example of someone saying exactly what I had my hypothetical pro-lifer say…)

  6. One final point, relating to your “and putting Plan B in a completely different category that birth control pills is innaccurate, and furthers the confusion about what it actually does” … I was under the (quite possibly very wrong) impression, from looking at a few of the studies in the area, that actually it was the other way around: that the conditional probability of nonimplantation, given fertilization, was *higher* for someone on a typical hormonal BC regimen than it would be for someone who, say, only used condoms but had one break and thus *only* used Plan B. I was under the impression that this was so because the continual usage of the BC pills *did* tend to have effects on the lining, mucus, etc. Is this incorrect? (Citations?) I know the probabilities must vary across various chemicals, but the study I read seemed to show effects for at least two sorts…

  7. The pro-lifer can listen to you patiently and say, “call it whatever you want; I believe that the fertilized egg is a person and hence someone with one inside her is pregnant in the *morally relevant* sense, and thus intentionally doing something that is likely to cause it to fail to implant is abortion in a moral, not medical, sense.” The argument can then turn to the actual probabilities and perhaps you can convince her that her view leads to bizarre and absurdly demanding consequences about morally acceptable behavior, but simply appealing to medical authority about the definition of pregnancy will convince almost no one.

    What might convince people–what you do in some parts of the post, eg., the natural nonimplantation rates–is giving *reasons* why they should consider the medical definition the appropriate one for moral discourse. But it’s only this, combined with more accurate knowledge about the causal mechanisms at issue, that will, or at least should, win the day. Purely semantic arguments only muddy the waters.

    PLN-

    I agree. My point, though, is that if they’re going to use actual medical terms, they should use the accepted definition of those terms. There is no medical conclusion as to when life begins; if they want to argue that life begins at conception, more power to ’em. But don’t argue that pregnancy begins at conception when pregnancy is medically definable (and thoroughly defined).

    I think that what you’re pointing out about the moral arguments is important, and I’m not trying to suggest that the moral views of anti-choicers about Plan B are always, completely wrong and that there’s hard evidence to contradict them. I agree that, given the chance that Plan B and birth control pills may block implantation, women should be informed of that fact so that they don’t take things which conflict with their personal moral code. I’m all for people having medical choices, and making choices which coincide with their personal beliefs about right and wrong.

    What I dislike is when people like Saletan jump on the anti-choice bandwagon when it comes to terminology. We can argue that semantics just muddy the waters, but I believe that naming matters. When we change how words are understood, and when we shift common understandings of medical conditions away from their medical definitions, we get into a lot of trouble. That’s what Saletan does when he accepts anti-choice defintions of pregnancy at face value.

    I’m also saying that Saletan further confuses the situation when he uses non-medical definitions of medical terms, and when he puts Plan B in a different category than birth control pills (“contraception”), when they’re pretty much the exact same thing — ECPs are just a higher dose.

  8. Hrmm–I suppose I’m just less comfortable than you are asserting that “pregnancy” and “abortion” are simply and straightforwardly medical terms whose proper use is entirely up to the medical community. I’m just not at all sure that the pro-lifers (and Saletan) are “shift[ing] common understandings of medical conditions away from their medical definitions”; I actually suspect that a descriptivist survey of usage might show that in fact the “common understanding” of pregnancy (as a medical condition-cum-moral status) is on their side, and those who take your position are the ones trying to shift usage to line up cleanly with the medical term of art. (But this is empiricism without data on my part; dictionary.com is ambiguous and would hardly be definitive anyway!)

    I think part of my unease arises from the fact that pregnancy is hardly the only “medical condition” that is loaded with moral status (eg. homosexuality, sex/gender, psychological disorders… [insert social construction literature here]) and I’m a bit worried about too-casually handing over definitional hegemony to one particular profession/segment of society. Precisely because, as you say, naming matters. Appealing to scientific/medical authority can perhaps be an *effective* rhetorical manuever, but it strikes me as a slightly illegitimate one even if so, because it attempts to piggyback the normative weight attached to the folk concept onto the causal expertise of the scientist.

    (I think the pro-life side is guilty of this only insofar as they lie about or elide the complexity of the causal processes of contraception and fertilization/implantation/etc., which certainly does happen a lot. But honest debate, as you say, can and ought to happen in full view of the facts [such as we know them, with realistic caveats about uncertainty], and at *that* level I think “pregnancy” and “abortion” are legitimately up-for-grabs between competing conceptions, and appropriately responsive to moral argument. [Unsurprisingly, I lean Dworkinian on the concept of law, too!])

    Of course, part of what makes having such a debate in the public sphere so hard is that the public has a really poor grasp of basic conditional probability, and moral intuitions deal poorly with situations that require thinking about low probability events.

    (Just to be clear, I actually think that it is worth fighting for “abortion = post-implantation”; I just think it has to be done on somewhat different grounds. Ugh, when did I lose the ability to write clearly and concisely? Oh, right–grad school.)

  9. I agree. My point, though, is that if they’re going to use actual medical terms, they should use the accepted definition of those terms. There is no medical conclusion as to when life begins; if they want to argue that life begins at conception, more power to ‘em. But don’t argue that pregnancy begins at conception when pregnancy is medically definable (and thoroughly defined).

    The point is that the terms are already universally codified for medicine. There is no clear need to recodify them for use outside of the medical sphere since abortion is primarily a medical act.

  10. Jill,
    No medical conclusion to when life begins? Have you ever read an embryology textbook because they certainly make a number of claims which disagree with your statement?

    -“The development of a human being begins with fertilization, a process by which two highly specialized cells, the spermatozoon from the male and the oocyte from the female, unite to give rise to a new organism, the zygote.”

    [Langman, Jan. Medical Embryology. 3rd edition. Baltimore: Williams and Wilkins, 1975, p. 3]

    -“Zygote. This cell, formed by the union of an ovum and a sperm (Gr. zygtos, yoked together), represents the beginning of a human being.”

    [Moore, Keith L. and Persaud, T.V.N. Before We Are Born: Essentials of Embryology and Birth Defects. 4th edition. Philadelphia: W.B. Saunders Company, 1993, p. 1]

    Pregnancy was actually defined as beginning at conception in the past. It has been changed for seemingly political motivations in recent years.

  11. However, Barr adds, the drug “may also prevent the fertilization of an egg” or prevent a fertilized egg “from attaching to the uterus.”

    There’s the rub. If you think a fertilized egg is a human being, as anti-abortion activists do, then preventing it from attaching to the uterus is abortion.

    I think you’ve done a good job, Jill, of identifying problems with terminology. You are correct to point out that pro-lifers are opposed to the destruction of conceived humans. And for a pro-lifer, conception occurs when the egg is fertalized, rather than when it is implanted.

    Misconceptions (no pun intended) of terminology aside, there’s another interesting point in the works here:

    Pro-lifers think abortion is wrong because they consider it (and define it as) killing an “unborn baby.” In abortion, the fetus/embryo/what-have-you is removed from the uterus and sometimes (usually?) killed in the process. But should EC cause failure to implant, nothing is done to the conceptus. It dies, if it doesn’t implant, of the same completely natural causes as it would have died of if it didn’t implant on its own—it is not injured, it is not killed, and it is not removed. The woman’s body simply declines to provide the uterus to it.

    This is, even more than abortion, on a par with people who die due to a lack of a needed organ or tissue transplant—nothing is done to them; they die of whatever completely unrelated medical issue caused them to need the transplant. Fertilized eggs in such a situation would also die completely of the same pre-existing causes. No one is required to donate to the first; no one should be required to donate to the second.

    I’ve yet to see any of the big pro-life groups argue that when someone needs a bone marrow transplant, someone else should be obligated to provide it. Even that person’s parents do not face pro-lifer-sponsored legislation making them responsible for providing their born children with necessary body tissues. Anyone can refuse to donate body parts to a real, living person. To refuse to donate body parts to a conceptus, person or not, is no different, except that there is much less suffering involved from the person dying and from their family and friends.

    It is not abortion, and it is not killing—the cause of death in both cases would be whatever disorder they have that causes an inability to stay alive. The only difference is that the consent process is backwards—with tissue donations, the donor gives permission, but with fertilization, the process starts on its own, assuming consent to have been given, until/unless the potential donor says she doesn’t want it, and doesn’t always stop even then. Imagine if people assumed that everyone who, say, drives (to simulate sex), or is hit by a car (to simulate rape), has by doing so given consent to give blood and bone marrow and skin for skin grafts, in the event of any collision or speeding ticket (to simulate unwanted pregnancy), and then went on with taking these things without asking consent unless the person was aware, informed, and insistent enough to get them to stop, saying she didn’t want to donate those tissues. Imagine if most people in such situations were sent off elsewhere to get an official withdrawel-of-consent form, from people who may or may not bother to have them available, and may or may not be willing to let people have them. Imagine if some other people were not told such a form was available, or were coerced and intimidated into not going after it. Imagine if large organizations tried to make it illegal to refuse the practice on behalf of the people who would be getting the tissues taken from them.

    There would be widespread outrage.

    If a woman wants to make her uterine lining hostile to something she doesn’t want in it, that’s her business and her right. The conceptus doesn’t have a right to her body; if its own is not enough for it to survive, well, there’s cancer patients and accident victims and diseased people aplenty who could use other people’s body parts—they’re in good company. And the conceptii have another advantage—the number of cancer patients cannot be limited (not created in the first place) by how many willing donors there are, but fetuses and the like can. It’s called contraception, and these “pro-life” people should start advocating it, stat.

  12. I hope you will forgive pro-lifers if they err on the side of life.

    They can do so. If they don’t want to take EC, they don’t have to.

    However, they can’t force me to err on the side of life, and I won’t forgive them for trying. A demolition derby driver is welcome to crash his car into other participants in an arena, but he has no business forcing me to try to crash into other cars, and he has no business forcing me to loosen up my steering system to “err on the side of demolition,” either.

    No one gets to force me to make myself more likely to suffer a consequence I don’t want. Forcing me to avoid EC happens to do just that.

  13. Jill,
    No medical conclusion to when life begins? Have you ever read an embryology textbook because they certainly make a number of claims which disagree with your statement?

    Oh, I knew I should have been more careful with this one, but I assumed that people would understand what I meant. Obviously human life begins to form when a sperm meets an egg. Human life is arguably “forming” even before that, with the creation of sperm and eggs. The bigger issue, though, is whether this forming/potential human life is the equivalent to a born, fully realized human life. I was trying to point out that medical experts (and religious communities, and philosophers) haven’t come to a definitive conclusion as to when “life,” as in the great big thing that you and I are living right now, begins — some people phrase it as a question of when one has a soul, etc. That’s what I was getting at when I brought up the “When does life begin?” thing.

  14. Chronic inflammation of the endometrium (uterine lining) also renders it unfavorable for implantation. Inflammation can result from chlamydia/ureaplasma, tuberculosis (common cause of infertility in developing world), and various bacteria. I don’t see much call for treatment of reproductive age women with antibiotics, to avoid failure of implantation. However, this is MUCH more important both in the US and worldwide, than oral contraceptives at whatever dose.

  15. Argh, I JUST had this argument the other day with someone. They had posted that The Pill Causes Abortions and we went round and round about how that was an extremely misleading thing to say, and nothing more than the use of skeery language to confuse people into rejecting a reliable birth control method. It was infuriating.

  16. So the semantical issue is whether you want people to associate induced implanation failure with abortion… It seems this is not just about how people conceptualize this type of EC, but how they conceptualize abortion.

    “Abortion,” in the popular conception, is the killing of a fetus, not an embryo, and certainly not as induced failure to implant, though as Saletan so well points out, the pro-life argument makes no distinction between these things, and so when they argue against “abortion” they are really arguing against all of the above.

    I think there’s something to be said about accepting the full anti- abortion rights definition of abortion while at the same time pointing out precisely what the procedure does in fact. This might jarr some preconceived notions of what an “abortion” is, at least in terms of the moral / political debate. Then people might stop thinking of abortion as a monolithic, singular act whereby induced implanation failure is ethically equivalent to killing a 30 week old fetus, subsumed under the singular concept “abortion.”

    They might start asking themselves what’s the difference between this type of “abortion” and that type of “abortion”?

    That would be progress, IMO.

  17. Jill,
    You’re confusing parts and wholes when you say that “Human life is arguably “forming” even before that, with the creation of sperm and eggs.” Egg and sperm are parts of whole human organisms (such as yourself and me) while an embryo is an organism unto themselves.

    What is this “life” with quotation marks? Are you referring to some kind of philosophical criteria for “personhood?” If so, you should say that in your posts by saying “No one can agree when personhood begins” or “no one knows when a human organism has a soul.”

  18. It would also be nice if pro-choice people quit talking about the implantation of “fertilized eggs.” A one-cell fertilized egg (aka zygote) could never attach to a uterine wall. By the time the embryo reaches the uterine wall to attach she is composed of more than 100 cells. The correct term would be embryo. If dehumanizing the unborn with inaccurate language isn’t the goal then I’d hope pro-choice individuals could refrain from using wholly inaccurate language.

  19. If dehumanizing the unborn with inaccurate language isn’t the goal then I’d hope pro-choice individuals could refrain from using wholly inaccurate language.

    By the time the embryo reaches the uterine wall to attach she is composed of more than 100 cells.

    Juxaposition is fun.

  20. Egg and sperm are parts of whole human organisms (such as yourself and me) while an embryo is an organism unto themselves.

    Uh, well, pardon me, but if they actually were organisms unto themselves, it doesn’t seem like we’d be having this discussion, since they wouldn’t require another human being to accomplish ingestion, respiration, and temperature regulation on their behalf for several months.

  21. Chet,
    True, the unborn rely on their mothers for a variety of things but how does that prove the unborn aren’t organisms unto themselves?

    The fact that the unborn need their mothers to survive does nothing to take away from the biological fact that they are organisms anymore than the fact that many born children nurse proves that born children who nurse aren’t organisms.

    Stacy,
    Your point? It’s a scientific fact that the sex of an embryo has already been determined by the time of implantation so my language is far from inaccurate. Unlike Jill’s language (and Saletan’s by the way) which will more than likely continue to describe implanting embryos composed of more than 100 cells as “fertilized eggs.”

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