Deal with it: life after the Court’s latest misstep

I have a constitutional right to substandard care, as long as abortion’s involved. At least that’s what U.S. Supreme Court Justice Breyer and four of his colleagues think. All women, pro-choice and pro-life alike, have reason to choke on that.


In Whole Woman’s Health v. Hellerstedt, the Court tossed out hospital admitting requirements for abortion providers and requirements that abortion facilities meet the same standards as ambulatory surgical centers. Gosnell must be loving this.

I’m not. I was discouraged for about forty-five minutes, then I got angry. The decision stinks. Even so, I have to deal with it.

I’ll deal with it like this.

  • Witness. Recommit to 40 Days for Life with its peaceful and decidedly un-political witness to clients and workers at abortion facilities.
  • Demonstrate. Marches for Life in Washington and in my state capital next January, rallies at the State House:  simple ways to remind the Justices and their abettors that they haven’t settled anything.
  • Demand stats. Keep working for an abortion statistics law. Without reliable stats, people like Justice Ginsburg can chant about how “safe” abortion is.  There are no reliable uniformly-collected nationwide public health statistics to back that up. Ask the Centers for Disease Control. Its abortion surveillance reports are full of footnotes about the different figures kept by different states, and about the lack of information from several states including my own.
  • Protect whistleblowers. If a worker at an abortion facility goes public with concerns about facility conditions, is the worker protected from reprisals? Time to find out.
  • Remember Gosnell, from grand jury report to verdict.  Breyer mentioned the Gosnell scandal in the Whole Woman’s Health decision, only to dismiss its relevance. He has the devil’s own nerve being so cavalier about women’s health.
  • Fight public funding of abortion providers who with their support of Whole Woman’s Health are in favor of making substandard care a Constitutional right.  

A tall order, all that – until I’m reminded that five Supreme Court Justices, including three women,  consider women’s health to be less important than the business interests of abortion providers.

That’s unacceptable. Pushback starts now.

 

Supreme Court to hear Texas abortion arguments

supreme-court-dot-gov
photo from supremecourt.gov

A few thoughts on the eve of U.S. Supreme Court arguments about a Texas abortion law:

  • What’s at issue is a piece of the Texas abortion regulation that was passed only after a huge uproar in Austin. Wendy Davis and her pink-sneakered filibuster couldn’t prevent passage of the legislation almost three years ago. It took some fast action to get the case to the Supreme Court in less than three years. The Massachusetts buffer zone case took much longer than that.
  • I’m indebted to Steve McDonald of GraniteGrok for pointing me to a post from The Federalist that makes a point not yet stressed in most coverage of the case, Whole Woman’s Health v. Hellerstedt: there are parts of the Texas law that aren’t even being challenged. “Almost three years ago the Texas legislature enacted HB2, the principle [sic]components of which are (1) restricting abortions after 20 weeks, when we know the unborn child can feel pain; (2) requiring abortionists to comply with the Food and Drug Administration’s approved protocol on chemical abortions; and (3) ensuring that abortionists would have to comply with basic health and safety standards….[the] prohibition on abortions after 20 weeks remains unchallenged.…The Court will not consider that part of the law because the abortion industry, despite its claims about harm to women and Wendy Davis’s rhetoric, has chosen not to challenge it.” [emphasis added]
  • The omnibus Texas law was a direct response to the Gosnell case in Pennsylvania – in effect, a Gosnell prevention act. It’ll be interesting to see if that comes up in tomorrow’s oral arguments.
  • With the recent death of Justice Scalia, observers with more time than I for Court-watching have suggested that a 4-4 split is likely in this abortion-law case, which would leave lower-court decisions intact. Any decision in the case is weeks or months away.

I’ll be looking to scotusblog.com for updates on this week’s arguments.


 

Women in action today: judges edge abortion advocates 3-2

Three female judges today upheld the challenged provisions of HB 2, Texas’s new law calling for commonsense regulations of abortion facilities.
Tonight, Planned Parenthood will give its “Margaret Sanger Award” to Congresswoman Nancy Pelosi, for going above and beyond the call of duty to fight abortion regulations.
Three Texas judges vs: Pelosi & Sanger: that’s a pro-life win.

Dan McConchie of Americans United for Life spread the good news on his personal Twitter account today. Pass it on.