Monday, June 27, 2016

Considering the Consequences of SCOTUS Holding on Whole Woman's Health v. Hellerstedt

Tony Perkins on SCOTUS Abortion Clinic Closing Case



Despite the statistics which Family Research Council President Tony Perkins recites regarding womens' health and abortion, the United States Supreme Court ruled 5 to 3 threw out a two provisions of a Texas law which imposed health regulations which put "an undue burden" on abortion providers that have resulted in clinics shutting down.

In the majority opinion for Whole Woman's Health v. Hellerstedt, Justice Steven Breyer wrote:


There was no significant health-related problem that the new law helped to cure.  We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an "undue burden" on their constitutional right to do so.

Per the SCOTUS majority, requiring an abortionist to have admitting privileges to local medical facilities in case something goes awry and to maintain surgical standards in abortuaries is an undue burden.  Using this logic, it seems the only reason Dr. Gosnell could be convicted is for illicitly writing drug prescriptions.

Prima facia, the ironically named Whole Womens' Health decision drops the veil on so called reproductive rights being a womens' health issue and points towards abortion on demand, despite the medical circumstances. 

Last year in Obergefell, the Supreme Court usurped the rights of states to contract marriages as they saw fit.  Now, the Supremes have essentially mooted the role of states to regulate for health concerns.  Between the burgeoning bureaucratic state and a Supreme Court which is acting more like a legislative body than an impartial arbiter of law, elites may cynically question why we need states anyways.

So we should stop using the politically correct euphemism of "Womens' Health" when referring to Abortion Rights. It will be interesting to learn where presumptive Republican Presidential nominee Donald Trump stands on the issue.  While Trump has promised to only nominate  pro-life justices to the Supreme Court, Trump also repeatedly echoes accolades to Planned Parenthood for all that they supposedly do for womens' health. 

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