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Supreme Court Strikes Down Key Provisions of Texas Abortion Law

 

 

The Supreme Court remains guardians  of the right of women to slay their offspring:

WASHINGTON, D.C., June 27, 2016 (LifeSiteNews) – The Supreme Court has reversed a landmark Texas pro-life law requiring abortionists to have admitting privileges and abortion facilities to meet more stringent health standards.

An eight-justice Supreme Court has reversed the Fifth Circuit Court of Appeals on Whole Woman’s Health v. Hellerstedt (formerly Whole Woman’s Health v. Cole), 5-3.

The case was brought by the New York-based Center for Reproductive Rights on behalf of independent abortion facilities in Texas.

The case involves Texas’ H.B. 2, a pro-life law that, aside from restricting abortion to the first 20 weeks of pregnancy, required abortionists to have admitting privileges at a hospital within 30 miles of their offices and abortion facilities to meet the same health standards as other ambulatory surgical centers (ASCs).

Those regulations caused the number of abortion facilities to drop from 41 to eight according to Planned Parenthood, closing 13 abortion facilities in one day.

The decision, written by Justice Stephen Breyer, says that both requirement place a substantial burden on women’s right to exercise their reproductive rights, including the right to obtain an abortion. Justice Ruth Bader Ginsburg wrote her own concurring opinion, writing that “complications from an abortion are both rare and rarely dangerous.”

 

Go here to read the rest.  Go here to read the decision.  The dissents of Thomas and Alito are memorable as, once again, a Supreme Court majority mutilates constitutional law in order to safeguard the purely court created right to abortion.  The most powerful argument that those supporting Donald Trump have is imagining a Supreme Court filled with Hillary Clinton appointees.

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Donald R. McClarey

Cradle Catholic. Active in the pro-life movement since 1973. Father of three and happily married for 35 years. Small town lawyer and amateur historian. Former president of the board of directors of the local crisis pregnancy center for a decade.

12 Comments

  1. Planned Parenthood, NARAL, Emily’s List and their fellow travelers on the
    current Supreme Court all believe that having abortion facilities meet the
    same health standards as other ambulatory surgical centers constitutes
    an unreasonable burden on a woman’s right to an abortion– even if it’s
    an unsafe one, evidently.
    .
    Kermit Gosnell’s infamous “clinic” was where born babies were murdered and
    displayed in jars, where conditions were filthy and basic health regulations
    were flouted. His abortion “clinic” operated like that for 17 years because
    in that time the state of Pennsylvania, under pressure from groups like Planned
    Parenthood, opted to cease all inspections of all of Pennsylvania’s 22
    abortion facilities.
    Kermit Gosnell happened as a direct result of Planned
    Parenthood’s policy against ‘undue burdens’ on access to abortion, and
    now that policy is enshrined in a Supreme Court decision.
    .
    An abortion is not the removal of a hangnail– it’s a serious surgical procedure
    and a lot can go wrong. It’s a strange society that chooses to have more
    rigorous health inspections for its nail salons and restaurants than it does for
    its abortion facilities. As of today, the Supreme Court has made another
    Kermit Gosnell butcher shop much, much more likely.

  2. Planned Parenthood’s expert witness admitted the following:

    During these proceedings, Planned Parenthood conceded that at least 210 women in Texas annually must be hospitalized after seeking an abortion. Witnesses for both sides further testified that some of the women who are hospitalized after an abortion have complications that require an Ob/Gyn specialist’s treatment.

    That is almost certainly a low ball estimate:
    However, expert witness Dr. John Thorp told the court that the 0.3% hospitalization estimate “is based on data that is thirty-eight years old.” He also indicated that abortion complications are notoriously underreported and that only one-third to one-half of all abortion patients return for follow-up visits where complications could be reported to clinic staff.

    In addition, in many states, abortionists are simply not required to report abortion complications. The underreporting means that the percentage of women actually suffering surgical abortion complications is much higher.

    The number suggested by Planned Parenthood of “at least 210 women” who were hospitalized due to abortion complications was not based on any actual reporting. Instead, it appears to have been calculated using 2011 state abortion numbers with Fine’s 0.3% hospitalization rate, and assumes that all of the 70,003 abortions done on Texas residents in 2011 were first trimester surgical procedures, an assumption that is completely inaccurate.

    Medication Abortions

    Numbers obtained from the DSHS indicate that in 2011, 26 percent of all abortions on Texas women were done using the abortion pill. The court documents reveal testimony indicating that a full six percent of women who obtain medication abortions using the abortion pill require surgical abortions due to failure of the abortion pill process.

    Based on those numbers, there would actually have been approximately 1,089 cases where women required surgical intervention following medication abortions.

    http://www.lifenews.com/2014/04/22/nearly-1000-texas-women-hospitalized-every-year-after-botched-abortions/

  3. Even using the underreported, outdated statistics, the complication rate is comparable to the overall rate of accidental lacerations and punctures for surgery in general.

  4. Texas needs to tell the Supreme Court to go to hell, and take Planned Parenthood with ’em. If I were Greg Abbot, I would tell Breyer and Ginsburg to enforce their damned decision themselves…..and have them arrested for vagrancy the second they stepped in the state of Texas.

  5. “When the time comes, as it surely will, when we face that awesome moment, the final judgment, I’ve often thought, as Fulton Sheen wrote, that it is a terrible moment of loneliness. You have no advocates, you are there alone standing before God — and a terror will rip your soul like nothing you can imagine. But I really think that those in the pro-life movement will not be alone. I think there’ll be a chorus of voices that have never been heard in this world but are heard beautifully and clearly in the next world — and they will plead for everyone who has been in this movement. They will say to God, ‘Spare him, because he loved us!'”

    Congressman Henry Hyde

  6. The Supreme Court has found baby killing, sodomy and homosexual marriage to be protected by the Constitution, though none are mentioned in the Constitution. The Ten Commandments, nativity scenes and crosses on government land are unconstitutional. To hell with the Supreme Court. It is past time for an uprising against this crap.

  7. @cthemfly25.

    Thanks for the Henry Hyde quote.
    I haven’t heard of it before.

    That we, as a Nation, haven’t been brought to our knees by catastrophic events is evidence of God’s mercy. The millions of aborted souls who Henry Hyde imagined, are real. Do they count? Not on earth, especially in America, but in heaven they count. They are an active part of the celestial court. They will give testimony on behalf of the righteous as well as the damned.

    To equate Woman’s Reproductive Health with the slaughter of the innocent child isn’t just absurd, it’s callous. To think our Highest Court on our soil would disregard the right to LIFE in favor of Planned murder is alone the single most revealing evidence that we are in the new dark age. Dog’s that are suffering the consequences of their owners stupidity by dieing in automobiles due to excessive heat are held in higher sympathy than the human baby who is ripped apart.

    God help us.

  8. The Pope came to the Mexican border to give comfort to those who violate another country’s laws , and while there he criticized a candidate for President of the United States who is not a Catholic! I’ll wait to read about the Pope’s ex communication of the Catholic US Supreme Court Justice Anthony Kennedy who… with his single vote, keeps more abortion clinics in business and prevents reasonable restrictions to the taking of that innocent life. Pope Francis…. I’m waiting!!!

  9. Being ignorant of the entire legal process I can’t help but wonder if the pro-lifers in Texas can go back and write a series of laws instead of one broad law with many facets?

Comments are closed.