Supreme Court Decides Not to Rule on Texas Pro Life Law (For Now)

Justice Scales

The United States Supreme Court has decided not to intervene in the Texas pro life law that requires abortion clinic doctors to have hospital privileges. 

That doesn’t mean that the Court has upheld the law. It also doesn’t mean that it has struck it down. It simply means that the Supreme Court has decided to let lower courts work. 

I think it’s interesting that a third of Texas abortion clinics have been forced to close because of this law that requires them to meet the same standards as other outpatient surgery facilities and that also requires that the doctors who do abortions have hospital privileges. 

I read what I think are bizarre opinions in the comboxes that laws like this are wrong because the people backing them want to limit access to abortion. That sounds a lot like the notion that abortion is everything and women are nothing.

Isn’t the primary argument behind legalizing abortion supposed to be that women will have access to safe and competent medical care? Why should abortionist be given special dispensation to perform surgeries without complying with the medical standards that are required for everything else? Why should doctors without hospital privileges being doing surgery in the first place?

From LifeNews.com:

Supreme Court Justice Antonin Scalia issued an opinion today indicating the Supreme Court will not get involved in a case out of Texas that has abortion facilities there appealing a law that has closed numerous abortion clinics that can’t protect women’s health.

In a big victory for pro-life advocates in Texas earlier this month, the Fifth Circuit Court of Appeals overturned Judge Lee Yeakel of the Western District Court in Austin and restored key portions of a pro-life law in Texas that will ultimately stop abortions and could close abortion clinics. Abortion clinics appealed that decision to the Supreme Court and Justice Scalia issued a ruling today saying the high court will not get involved.

“The underlying legal question — whether the new Texas statute is constitutional — is a difficult question. It is a question, I believe, that at least four members of this court will wish to consider irrespective of the 5th Circuit’s ultimate decision,” Justice Antonin Scalia wrote with Justices Clarence Thomas and Samuel Alito concurring. “I would maintain the status quo while the lower courts consider this difficult, sensitive, and controversial legal matter.”

The justices voted 5-4 to leave Texas’ pro-life provisions in place and the four Democrat-appointed pro-abortion justices all voted to overturn the pro-life measure. Justice Stephen Breyer write a dissenting opinion saying he expected the case to return to the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy did not join an opinion or write their own, but they sided with Scalia, Thomas and Alito.

With the Supreme Court not intervening, the full appeals court has scheduled a hearing on the case for January to consider the lawsuit. The abortion businesses can proceed with the case there or ask another Supreme Court justice to intervene and stop the law from taking effect while the case continues.

Gosnell Was Not Alone

Roe v Wade set the limit for viability at 26 weeks into pregnancy.

That was based on 1973 medicine and judicial imaginings. Today, babies are being saved as early as 21 or 22 weeks into pregnancy. But we still live under the law created by the Supreme Court which set viability at 26 weeks.

After 26 weeks, doctors can still do abortions if they decide the mother’s life or health is at stake. In actual practice, that means that abortionists kill babies right up to the day of birth.

Dr Kermit Gosnell ran an abortion clinic that prosecutors described as “a chamber of horrors.” Dr Gosnell is now in prison. But he was not sent to prison for running a chamber of horrors. He is in prison because a few of the babies he killed lived through the abortion and he killed them afterwards.

The takeaway of the Gosnell verdict for the abortion industry is not to stop killing late-term babies. Based on all the pushback in Texas, it’s also not to provide standard medical care during abortions. Rather, it is to make absolutely, no-doubt-about-it-sure that the baby is dead before it is delivered.

Killing a baby while it’s inside its mother’s body is not a crime. Killing the same baby when it’s separate from its mother is murder.

In today’s tragic world, the right to life is defined by geography.

This Live Action video is of a doctor and counselor discussing an abortion on a woman who is 27 weeks pregnant.

Think about it: Twenty-seven weeks. That is a viable child, even by 1973 standards.

To top if off, they are telling the young women that she will go through labor alone in a hotel room. They even give her instructions about what to do if she delivers the baby while she’s on a toliet.

They blithely assure her that going through labor and delivering alone in a hotel room is safer than giving birth in a hospital under ideal medical conditions.

How does this benefit the woman? In what way is it medically necessary? If there was a medical reason to stop the pregnancy at 27 weeks to save the mother’s life, it would be far safer and better for her to deliver her baby in a hospital with pain-killing medication and to also provide medical care to save the life of her baby.

Should abortion clinics be exempt from the health care requirements of other surgical centers? That is the argument pro abortion people make, and they make it in the name of “women’s health.”

That is not feminism. It is not in the interest of women’s health. This child could and almost certainly would live if it was delivered properly, so it certainly is not in the interest of the baby.

Who and what do late-term abortions serve except the demons of death?

YouTube Preview Image

If you would like to contribute to Life Action and the work they do, go here.

Texans have a New Abortion Law. Americans have a New Political Reality.

Texas abortion ap 328 605

Texans have a new abortion law.

Americans have a new political reality. 

The Texas legislature passed the much-ballyhooed abortion law which would require abortion doctors to have hospital privileges and abortion clinics to provide the same health and safety standards as other outpatient surgical clinics. They crossed the finish line on this bill late last night amid what can only be described as a mob assault on the Texas state capitol.

The reason I chose the words “mob assault” is that the focus of at least a good number of the citizens who came to the Texas capitol was to use mob action to shut down the legislative process. Consider, for instance, this statement issued by the Texas Department of Public Safety:

AUSTIN – The Texas Department of Public Safety (DPS) today received information that individuals planned to use a variety of items or props to disrupt legislative proceedings at the Texas Capitol.

Therefore for safety purposes, DPS recommended to the Texas Senate that all bags be inspected prior to allowing individuals to enter the Senate gallery, which the Texas Senateauthorized.

During these inspections, DPS officers have thus far discovered one jar suspected to contain urine, 18 jars suspected to contain feces, and three bottles suspected to contain paint. All of these items – as well as significant quantities of feminine hygiene products, glitter and confetti possessed by individuals – were required to be discarded; otherwise those individuals were denied entry into the gallery.

In the interest of the safety and security of Texas legislators and the general public, these inspections will continue until the conclusion of Senate business.

I am all in favor of citizens visiting their state capitols. I think the people of this nation should pay a lot more attention to what their lawmakers are up to than they do now. I believe that every person in this country has a right to talk to their elected officials and to petition them concerning the issues and legislation they are voting on. 

We are, every single elected one of us, representatives of the people who put us here. We can’t know what the people who elected us want from us unless they tell us. Polls and things of that ilk are not a substitute for direct personal input with the people themselves. 

On the other hand, when a group of people try to use mob action to shut down the legislative process, they are attacking democracy. The people who were so bent on disrupting the Texas legislature would not have needed to be there at all if they had been able to take their cause to the court of public opinion and win elections. By trying to disrupt the legislative session with mob action, they were, in effect, attempting to overturn the elections which put the legislators in that chamber to cast those votes.

Political Campaign

If you don’t like what your legislator does with the power you gave them when you elected them, then run against them for election. If  you don’t want to run, then go out and volunteer to help someone else run. Put up yard signs. Make phone calls. Hand out literature. Donate money. 

That is the way to change the face of government in this country. It is a power we all have, and which we are giving away to special interests and money men when we don’t use it. 

There is a new kid on the political block, and it’s a yammering, spoiled, mean-spirited little brat who wants what it wants when it wants it and doesn’t care what damage it does to this country to get it. The bad behavior of some of the protestors in Texas is paralleled by the sudden rash of elected officials, Attorneys General, in particular, who run for office, get elected, and then find that their superior morality requires them to refuse to do the job they were elected to. 

We’re going to have to start arresting these people who come to state capitols and try to use mob action to shut down the legislative process. I don’t want to do that. I want people to feel free to go to their capitols and to talk to their legislators about whatever is on their minds. But we cannot allow mobs of people who cannot win an election try to overturn elections by shutting down the Democratic process by means of creating such havoc that they stop debate.  

Impeach

At the same time, we need to consider impeaching or at least defeating at the polls duly elected chief law enforcement officers who refuse to speak for the people in court. When an Attorney General of a state will not represent the people who elected him or her in court, they are derelict in their duty. They are using a sort of don’t-show-up-in-court-and-deliberately-lose-the-case veto power over the legislative and referendum process. They are making themselves the judge of what it is not their job to be the judge — the will and the power of the people of their state to make their own laws. 

Both of these extreme behaviors — the mob actions in Texas and other states, and the newfound desire to veto legislation by not showing up in court on the part of Attorneys General — are attempts to subvert the will of the people, and to nullify the actions of a representative government. 

I view both these behaviors as the natural outcome of the moral depravity of the positions some citizens are taking. It corrupts and hardens a person to support killing unborn babies. It scrambles the normal thinking processes to convince yourself of something as stupid as the idea that two men or two women are the same as a man and a woman. This is untrue on its face. 

Genuinely pro choice (as opposed to pro abortion) people have legitimate points. Much of what concerns them about the misogynistic treatment of women is well-founded. By the same token, homosexuals have legitimate claims to civil rights and protection under the law. However, the pretense that an unborn baby is not a human being, or that a homosexual union is the same as the marriage between a man and a woman, flies in the face of reality. 

Laws enacted according to these fantasies are always going to cause great harm, because they are not based on the reality of the human condition. People who advocate for these positions, will, over time, harm themselves and their thinking abilities. 

It saddens me, but it doesn’t surprise me, to see the destructiveness to our political fabric ratcheting up with each twist of the political dial. It is the inevitable consequence of the fantastical thinking many people use in forming their worldview.  


CLOSE | X

HIDE | X