Posted on 07/01/2016 1:23:00 PM PDT by Kaslin
Maybe its the robes that give five people the misimpression that theyre magicians. Who needs the Constitution when a handful of supremely powerful justices can magically create their own laws, conjuring up legislation in the guise of a judgment? In Whole Womans Health versus Hellerstedt, Justice Breyer invokes the word Constitution 103 times (in one form or another) in the majority opinion yet completely ignores the founding document in this ruling that protects Gosnells around the country.
Roe v. Wade started as a lie in Bryan/College Station in Texas. In order to challenge the states law protecting unborn human life, Norma McCorvey (aka Roe) lied about being gang-raped. She actually ended up making a loving plan of adoption for her daughter. Lies shape legislation. And our liberal Supreme Court has no problem contributing its own falsehoods in defending a right that exists nowhere in the Law of the Land. I would love to know where, exactly, the words allowing someone to kill another innocent human being reside in the Constitution.
They don't. So supremely arrogant justices make it up with phrases like right to privacy and reliance (as in women rely on abortion to be equal) and now, undue burden that replace the Constitution with judicial (im)moral relativism. Facts and human lives be damned. Texas HB2 law was passed in direct response to the arrest and conviction of murderer/abortionist Kermit Gosnell. His squalid House of Horrors was the result of unenforcement of existing laws and non-existence of regulations requiring abortion mills to operate with the standards of real medical facilities. Texas moved to protect women. The Supreme court moved to protect the predators.p> HB2s requirement of hospital admitting privileges and ambulatory building standards came directly from the Gosnell Grand Jury reports recommendations: If oversight agencies expect to prevent future Dr. Gosnells, they must find the fortitude to enact and enforce the necessary regulations. Rules must be more than words on paper. We recommend that the Pennsylvania Department of Health plug the hole it has created for abortion clinics. They should be explicitly regulated as ambulatory surgical facilities, so that they are inspected annually and held to the same standards as all other outpatient procedure centers.
HB2 also followed the exact wording of the unconstitutional Roe decision which stated, unambiguously: "...a State may regulate the abortion procedure to the extent that the regulation reasonably relates to the preservation and protection of maternal health."
So, what was pro-abortion Justice Breyers response? Both the admitting-privileges and the surgical-center requirements place a substantial obstacle in the path of women seeking a previability abortion, constitute an undue burden on abortion access, and thus violate the Constitution.
Not content with ignoring common sense, the left side of the Court explained why laws were not necessary: Gosnells behavior was terribly wrong. But there is no reason to believe that an extra layer of regulation would have affected that behavior. Determined wrongdoers, already ignoring existing statutes and safety measures, are unlikely to be convinced to adopt safe practices by a new overlay of regulations.
Well, there you have it. Minority women in Texas, the Supreme Court doesnt care about protecting your health, just that abortionists can operate without any barriers. In Texas, the abortion rate is nearly 3 times higher among black women (22.7 per 1,000 women ages 15-44) than white women (8.1) and more than twice as high as Hispanics (10.1). (See this Radiance Foundation factsheet). Theres no lack of access to abortion in the Lone Star State. There are 34 Planned Parenthood abortion/abortion referral centers (in addition to other abortion mills) providing an extremely limited scope of reproductive healthcare. Their primary function is to generate revenue through abortion. Thats their money-maker, and theyll spend millions of our tax dollars to defend it. But there are over 3,000 state-funded comprehensive real medical providers made possible through the Texas Womens Health Program. This initiative delivers the full spectrum of reproductive medical care to even more low-income women now that the state has defunded billion-dollar Planned Parenthood. (Although, Im no fan of oral contraceptives which have been shown to result in increased risk of triple-negative breast cancer, according to the National Cancer Institute. Depo-Provera, promoted heavily in the black community, more than doubles the risk of invasive breast cancer, too, according to this large-scale study. It also carries a major FDA warning about loss of bone mineral density, but I digress.)
Of the 61,912 abortions in Texas, 38.9% are among Hispanics, 27.4% among whites and 25.3% among blacks. The black community is the only demographic where its percentage of abortions exceeds its proportion of the population (11.5%). Pro-abortion activists claim it's because of poverty and lack of insurance. Nope. Hispanics have a higher poverty rate than blacks (25% versus 23%) yet have an abortion rate that's less than half the rate that occurs in the black community (10.1 per 1,000 versus 22.7 per 1,000). Hispanics are uninsured at higher rates, too, than blacks (27% versus 15%). Yet these same activists who claim that racism exists everywhere else in American life won't see the obvious racism in the one industry that has targeted, disproportionately, the black community with race-specific birth control initiatives (e.g. The Negro Project) and abortion. Have you seen the majority of Planned Parenthood's advertising?
Abortion, nationwide, is the leading killer of black lives (contrary to the factless assertions of the #BlackLivesMatter movement). Big Abortion snuffs out 317,547 unarmed black lives in the womb annually. This is more than all other causes of death—286,797—combined.
Minority communities, or any community for that matter, dont need more deaths. They don't need the entertainment industry and Planned Parenthood promoting risky promiscuity. They don't need more policies of targeted population control (as thoroughly documented in the Amicus Brief that The Radiance Foundation provided extensive research for in order to support Texas' HB2). They need life-affirming resources that value every human being—not wealthy abortion hucksters given license, by supremely wrong justices, to operate their own House of Horrors.
Ping
I understand Hillary may pardon Gosnell and appoint him Surgeon General.
The Constitution is a mere thing of wax in the hands of the judiciary, which they may twist and shape into any form they please. It should be noted, as an axiom of eternal truth in politics, that whatever power in government is independent is absolute also.If this was becoming a problem in the early 1800s, it certainly has become a monster today.
Thomas Jefferson to Spencer Roane, 09/06/1819
The Supreme Court is building toward a majority who embrace a secular religion in which abortion is considered a sacred sacrament.
VOTE TRUMP 2016
“Determined wrongdoers, already ignoring existing statutes and safety measures, are unlikely to be convinced to adopt safe practices by a new overlay of regulations. SCOTUS Justice, arguing against any abortion regulation.
(This is the point at which you sit and stare blankly at the computer screen, wondering how people who earned a law degree can be so abysmally stupid.)
One of the pro-abortion protesters was carrying a sign which showed a map of the state of Texas outlined by a coat-hangar. I’m sure that the irony totally escaped everyone there.
Yeah. This court should be called the Coat Hanger Court, since that is the only thing you need to run an abortion clinic now.
To begin with, the politically correct idea that you can do with your body what you want to is wrong as evidenced not only by prescription drugs and drinking age laws, but also consider the 18th Amendment which prohibited citizens from consuming alcohol, not that it stopped citizens from acquiring alcoholic beverages illegally, just like assault weapons can be acquired illegally.
Also, the states have never amended the Constitution to expressly protect having an abortion as a right. What state sovereignty-ignoring, pro-abortion activist justices did was to steal 10th Amendment-protected state powers to regulate abortion and use those stolen powers to wrongly establish from the bench the so-called right to have an abortion.
Also consider that the so-called right to have an abortion is one of the ways that the 19th Amendment (19A), the amendment that effectively gave women the right to vote, has backfired on the country. While it is good that 19A gave women the right to vote in state elections, the states, not the feds, actually having the lions share of constitutional authority to address womens concerns, basically the only thing that 19A won for women where domestic policy of the constitutionally humbled federal government is concerned is a voice on how the US Mail Service (1.8.7) is managed.
The problem with 19A where abortion and the federal government is concerned is this. Corrupt lawmakers have been using the promise of federal funding for abortion to win votes from low-information women who probably dont understand that the state have never delegated the feds, expressly via the Constitution the specific power to regulate, tax and spend for abortion purposes.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
I wonder how much $$$ did judge Kennedy got from Planned Parenthood?
Well, if abortion is a “mother’s” right and if the state cannot enact regulations deemed necessary to protect the “mother’s” health, I have a Modest Proposal.
Why couldn’t the state redefine abortion as not being a medical procedure at all? Then let the law provide that no medical credentials of any kind are required to conduct such non-medical procedure?
I’d suggest naming the bill the US Supreme Court Women Butchery Act and being done with it.
Gee, I wonder if a non-medical procedure is even covered by health insurance?
The four Supremes who voted to strike down this law should be forced to have all their medical procedures performed in one of those filthy, evil clinics.
I just read up minorly on the shadow justice, Breyer. The guy is a total squish on practical Liberty. Total ‘Rat hack.
The Brussels EU is totally independent. We see how well that turns out....
Indeed and that is why Hillary Rotten Clinton can not be allowed to become president and Donald Trump must be
Liberals not only want dead babies, they want dead mothers too.
Actually, this Supreme Court decision established that abortion is not a medical procedure. Despite years of abortion proponents claiming that abortion is women's health care (with the unspoken implication that we need no other health care), the Supreme Court just ruled that abortion is not a medical procedure.
So states are completely correct if they remove any requirement for abortionists to have *any* affiliation with the medical community. Although traditionally, abortionists have been trained as physicians, states now have no obligation to require them to have an MD degree or to undergo any kind of board exam. Because it's official--they do not provide medical services.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.