The law's provision allowing "the sale, use, prescription, or administration of a contraceptive measure, drug or chemical" before a pregnancy can be detected is an obvious nod to morning-after pills like Plan B, as Saletan admits. Now, it's true that Plan B can act as an abortifacient, by inhibiting implantation of a fertilized ovum. At least, it can in theory. But it's designed to work as a contraceptive, one that prevents ovulation and fertilization - and its abortifacient effect seems to be largely speculative at this point. Which means that a woman taking Plan B is intending to contracept, using a method that has a microscopic chance of accidentally causing an abortion - and this seems obviously different, legally speaking, from a woman who deliberately procures an abortion. Accident is different from intent: After all, it's been argued that the regular-old birth control pill itself (of which, I believe, Plan B is just a particularly high dose) can lead to abortions in extremely rare situations, leading some Protestants to join the Catholic Church in rejecting its use. But I don't think that this means that pro-lifers are logically required to support a legal ban on the Pill.For the curious, here are a pair of studies that suggest that Plan B does not, in fact, have an abortifacient affect. And you can find a more in-depth look at the subject from a pro-life blogger here. (Of course, it's also worth noting that if emergency contraception may not be as close to abortion as some pro-lifers suggest it is, neither does it seem to have the kind of potential to reduce the abortion rate that many Saletan-style "queasy-about-abortion" pro-choicers credit it with.)
This article available online at:
http://www.theatlantic.com/personal/archive/2007/09/the-morning-after/54757/
