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Ruth Bader Ginsburg Slams Texas Anti-Abortion Arguments: Beyond Rational Belief
The Supreme Courts decision invalidating key components of HB2, a Texas law imposing draconian regulations on abortion clinics, gave reproductive rights advocates almost everything they could have wanted. Justice Stephen Breyers majority opinion in Whole Womans Health v. Hellerstedt clearly declares that Texas TRAP law imposes an unconstitutional undue burden on womens ability to terminate their pregnancies. His opinion, however, is also somewhat dryin classic Breyer fashionand treads lightly in criticizing Texas assertion that it must regulate abortion clinics out of existence in order to protect womens health.
Justice Ruth Bader Ginsburg signed onto Breyers decisionbut in a separate concurrence, she provided a decidedly blunter assessment of Texas anti-abortion argument. The Texas law called H. B. 2 inevitably will reduce the number of clinics and doctors allowed to provide abortion services, Ginsburg explained. Texas argues that H. B. 2s restrictions are constitutional because they protect the health of women who experience complications from abortions. In truth, complications from an abortion are both rare and rarely dangerous as demonstrated in an amicus brief by the American College of Obstetricians and Gynecologists.
Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatory surgical-center or hospital admitting-privileges requirements, Ginsburg continued, including tonsillectomy, colonoscopy, and in-office dental surgery. Then the justice spelled out the core of the Whole Womans Health holdingand provided a warning to other states eager to repeat Texas attempt to cut back on abortion rights in the name of protecting women. (Ginsburg quotes Judge Richard Posners abortion opinion from November; Ive excised the quotes for clarity.)
Given [these] realities, it is beyond rational belief that H. B. 2 could genuinely protect the health of women, and certain that the law would simply make it more difficult for them to obtain abortions. When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety. So long as this Court adheres to Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey, Targeted Regulation of Abortion Providers laws like H. B. 2 that do little or nothing for health, but rather strew impediments to abortion, cannot survive judicial inspection.
Shorter RBG: Its a new day in abortion jurisprudenceand if you red-state lawmakers thought you could sneak these junk-science anti-abortion laws past me and my court, think again.
http://www.slate.com/blogs/the_slatest/2016/06/27/ruth_bader_ginsburg_says_texas_abortion_arguments_are_beyond_rational_belief.html
My Shero.
guillaumeb
(42,641 posts)If states attempted to restrict gun ownership the way they do abortion the outcry would be huge.
Apparently there are different levels and types of constitutional rights.
sheshe2
(83,319 posts)This is a big day for woman. I thank you for the recommend, guillaumeb.
Agnosticsherbet
(11,619 posts)sheshe2
(83,319 posts)She has done the court proud and will go down in history for all her accomplishments, Ag.
Hope it is okay that I gave you a nickname, yours is to long to spell out.
mcar
(42,206 posts)She is a hero!
Dustlawyer
(10,493 posts)Love Notorious RBG!! Wish we had 8 more just like her!!!
sheshe2
(83,319 posts)forest444
(5,902 posts)Notorious RBG strikes again.
rpannier
(24,304 posts)because it's two women
I respond with, "We've had two men on the ticket in every election for both major parties except twice. Why not two women?"
Though I wish it were Warren running for Prez, I oppose her being the veep because she's not much younger than Clinton (Warren born 1949) and I think we should be looking toward the future with someone in their 40's or early 50's
mountain grammy
(26,568 posts)about a million times! The only sad thing about Scalia's death was it made RBG sad.
tallahasseedem
(6,716 posts)She is a national treasure!
ancianita
(35,812 posts)uponit7771
(90,225 posts)Sheepshank
(12,504 posts)for someone so small.
She is fantastic.
niyad
(112,424 posts)but the nine cannot include the likes of self-loathing women.