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Even Without Scalia, Supreme Court Has Ample Reason to Affirm Law Protecting Women's Health
Townhall.com ^ | February 23, 2016 | Alison Howard

Posted on 02/23/2016 8:10:21 AM PST by Kaslin

On March 2, the U.S. Supreme Court will hear arguments in one of the most consequential abortion cases since Roe v Wade. Even Planned Parenthood Federation of America wrote to its supporters just days ago: "It's no exaggeration to say this is the most important abortion access case to reach the Supreme Court in over 20 years." And now, with the passing of Justice Antonin Scalia - one of the Supreme Court's most conservative and pro-life jurists - the stakes have become even greater.

The case, Whole Woman's Health v. Hellerstedt, addresses two particular aspects of a Texas law, HB 2, which requires, among other things, that abortion facilities have the same health standards as ambulatory surgical centers. The law also requires that physicians performing abortions have admitting privileges, the ability to admit a patient to a hospital within 30 miles in the event of any post-abortion complications.

The law came about largely as a response to the scene of horrors and atrocities exposed in the abortion facility of Kermit Gosnell, an abortion doctor whose terrible medical standards left women maimed and even killed. For 17 years his unimaginably squalid clinic went uninspected by state officials. The country responded in outrage, and laws like HB2 were brought up for consideration.

The abortion lobby immediately challenged the Texas law. Pro-abortion activists and multi-million dollar abortion groups like Planned Parenthood and NARAL fought against the common-sense protection to regulate abortion facility sanitary standards and ensure safety to, at the very least, the women having an abortion.

In June 2015, a three-judge panel - all women by the way - on the U.S. Court of Appeals for the 5th Circuit upheld the legality of HB2. The abortion industry responded by asking the Supreme Court to review the case, and the high court accepted it.

Now, the controversy surrounding the legislation is reaching a fever pitch as pro-abortion supporters claim that the bill's requirements may force closure of abortion clinics in Texas because they fail to meet the law's health and safety standards - which begs the question, if clinics had to be shut down due to poor sanitation, maybe they needed to be shut down?

If a similar law promoting public health and safety - let's say in a city like Flint, Michigan or with a restaurant like Chipotle - shut down due to harmful and unsafe practices and facilities, people would be applauding the law, not fighting it.

When it comes to abortion, however, the pro-abortion movement is so blinded by their devotion to near-unfettered abortion access that they put politics and profit ahead of women's health. So much so that they oppose a law, like the one before the Supreme Court in March, with such basic, common-sense requirements as requiring abortion facilities to have hallways wide enough for first responders to actually maneuver a stretcher if something goes wrong and a woman needs emergency attention.

Every state has rigorous health and sanitation standards for nail salons, gyms, and restaurants. How much more then should abortion facilities - where the life of a mother and child are at stake - have rigorous health and safety requirements?

Abortion facilities should have the same health standards as similar surgical centers. The overall hospitalization rate following elective abortion - one in 300 patients - is similar to rates for other invasive outpatient procedures such as liposuction and gastrointestinal endoscopy, such as colonoscopy and upper endoscopy. This is why if you have a procedure done at an outpatient, ambulatory center for one of these procedures, chances are very good that your doctor will have admitting privileges in case something goes wrong.

Not so long ago, the "pro-choice" movement championed the motto of "safe, legal, and rare" abortions. Either that was a lie fashioned to assuage the worries of the American people, or the contemporary abortion movement has abandoned that viewpoint in favor of abortions ad infinitum with little oversight.

In this case, it seems to be the latter. For instance, the pro-abortion lobby claims that Texas HB 2 puts an "undue burden" on abortion facilities and doctors. Is it truly a burden to make sure a woman can get to the hospital, that an emergency responder can get to her, and that hand soap dispensers are in the bathroom?

The fact that over half of all abortion facilities in Texas fell short of the law's basic requirements is only further evidence of the need for common-sense medical and safety standards.

I, for one, am glad that the Supreme Court is taking up this crucial issue. The public debate over Texas HB 2 has exposed the abortion industry's blatant disregard for the health and livelihood of both the mother and the baby and has revealed its profit-driven thirst for near-unregulated access to abortion.

In the wake of the Gosnell trial and Planned Parenthood's illegal selling of baby body parts, how could any reasonable person not support basic medical regulations and oversight when it comes to abortion? Abortionists shouldn't be exempt from the medical requirements that other similarly situated medical facilities are required to follow.

While the pro-life movement patently opposes abortion, it will fight as hard as it can to protect life, even the life of a mother who is seeking an abortion. Our regard for life, and the protection of life, covers both mother and child.

Justice Scalia recognized this important truth. We can only hope that his colleagues will do the same to protect the health and wellbeing of women.


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: abortion; supremecourt; womenshealth

1 posted on 02/23/2016 8:10:21 AM PST by Kaslin
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To: Kaslin

They may have enough reasons to uphold, but will the libtards on the bench vote that way? Doubt it!


2 posted on 02/23/2016 8:13:30 AM PST by Bobby_Taxpayer
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To: Kaslin

Meanwhile, screw the unborn child’s health, right?


3 posted on 02/23/2016 8:14:41 AM PST by Tucker39 (Welcome to America! Now speak English; and keep to the right....In driving, in Faith, and politics.)
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To: Kaslin

Someone please help me understand this?

How does ALLOWING WOMEN to KILL THEIR BABIES, “Protect their Health”???


4 posted on 02/23/2016 8:16:05 AM PST by eyeamok
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To: Kaslin

Are there hospitals in Texas that would refuse to admit a woman if there were complications with an abortion?


5 posted on 02/23/2016 8:17:07 AM PST by FewsOrange
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To: Tucker39

And half of the aborted are women. What about those womens rights?


6 posted on 02/23/2016 8:18:47 AM PST by refermech
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To: eyeamok

We will never understand it because it’s a lie from the pit of hell. Calling the ability to kill babies in the womb a “women’s health issue” is victory for the those who wish to deceive.


7 posted on 02/23/2016 8:20:31 AM PST by NorthstarMom (God says debt is a curse and children are a blessing, yet we apply for loans and prevent pregnancy.)
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To: Bobby_Taxpayer

The libs on the SC may as well not even bother to show up for the hearing because they have already made up their minds how to vote.


8 posted on 02/23/2016 8:21:21 AM PST by Blood of Tyrants (Liberals are the Taliban of America, trying to tear down any symbol that they don't like.)
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To: eyeamok

It’s a lame excuse for late term abortion


9 posted on 02/23/2016 8:23:45 AM PST by Kaslin (He needed the ignorant to reelect him. He got them and now we have to pay the consequences)
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To: eyeamok

They Cannot Understand Normal Thinking.

So why ask why?

Its just the nature of the thing.

Oh boy. No girls! Opps Oh the nags gonna come after me!

LOLOLOLOL


10 posted on 02/23/2016 8:26:07 AM PST by Uversabound (Our Military past and present: Our Highest example of Brotherhood of Man & Doing God's Will)
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To: Kaslin

I may be wrong (it happens), but this issue reminds me of a book title from Bill Buckley called “Cancel your own Goddamned Subscription!” What is it with government protecting women’s health? Have you ever heard of legislation to protect men’s health? I like to think I protect my own damned health.

I’d be curious if ladies get aggravated by the patronizing notion that you are incapable of protecting your own health.

Do you?


11 posted on 02/23/2016 8:31:50 AM PST by sparklite2 ( "The white man is the Jew of Liberal Fascism." -Jonah Goldberg)
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To: Kaslin

The current state of alive unborn murder inc. is a glaring sign of the times on this planet. Up is down, wrong is right, if the behavior is an offense to God then it must be protected and encouraged and our children taught to accept and embrace it. ... The Tribulation must be getting very close ...


12 posted on 02/23/2016 8:35:39 AM PST by MHGinTN (Democrats bait then switch; their fishy voters buy it every time.)
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To: Blood of Tyrants
The libs on the SC may as well not even bother to show up for the hearing because they have already made up their minds how to vote.

Doesn't really matter how they vote as long as Thomas, Alito, Roberts, and Kennedy vote the same. (Though with Roberts and Kennedy, you can't be sure ). If it is a tie, the lower court ruling stands- which is that the law is legal.

13 posted on 02/23/2016 8:37:39 AM PST by TheCipher (Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself. Mark Twain)
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To: Kaslin

“Women’s health” is the leftist code phrase for “Kill the baby”.


14 posted on 02/23/2016 8:44:20 AM PST by JimRed (Is it 1776 yet? TERM LIMITS, now and forever! Build the Wall, NOW!)
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15 posted on 02/23/2016 10:02:14 AM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: Kaslin

RE: ‘health’. Seems the woman’s body is doing exactly what it’s supposed to do.

Seems she (in all but those rarer instances NOT) was healthy enough to understand there are but a few consequences for the action of fornication. And that THERE, her ‘rights’ end.


16 posted on 02/23/2016 10:24:30 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: sparklite2

Yet another instance of a right that ‘somehow’ requires the assistance of another (or more) to utilize...Let alone $$ out of MY pocket for them to (ahem, excuse me) ‘enjoy’ their right.


17 posted on 02/23/2016 10:26:26 AM PST by i_robot73 ("A man chooses. A slave obeys." - Andrew Ryan)
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To: Kaslin

Antonin Scalia was a Catholic, and therefore held that abortion is homicide, and that “legal” abortion is genocide.

But it is misleading to speak of him as a “pro-life” judge.

The bedrock principle of Scalia’s philosophy of judging was that the People have the right of self-government. If judges do not judge according to the text of laws, the judges are seizing governing power from the People and the legislatures.

Thus, “Originalism” and “Textualism”—the direct consequences of the conviction that the People have the right of self-government.

The U.S. Constitution nowhere asserts that the People have decided that the States are prohibited from outlawing the form of homicide known as “abortion.”

This is why Scalia’s decisions or opinions reached a “pro-life” conclusion. His Catholic Faith did not dictate these conclusions directly.

Where Scalia’s Catholic Faith was involved was in leading him to have the intellectual honesty and the moral integrity to follow his judicial philosophy.


18 posted on 02/23/2016 1:45:55 PM PST by Arthur McGowan
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