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sheshe2

(83,319 posts)
Mon Jun 27, 2016, 07:43 PM Jun 2016

'When There are Nine'



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Ruth Bader Ginsburg Slams Texas’ Anti-Abortion Arguments: “Beyond Rational Belief”




The Supreme Court’s 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 Breyer’s majority opinion in Whole Woman’s Health v. Hellerstedt clearly declares that Texas’ TRAP law imposes an unconstitutional “undue burden” on women’s ability to terminate their pregnancies. His opinion, however, is also somewhat dry—in classic Breyer fashion—and treads lightly in criticizing Texas’ assertion that it must regulate abortion clinics out of existence in order to “protect women’s health.”


Justice Ruth Bader Ginsburg signed onto Breyer’s decision—but 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. 2’s 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 Woman’s Health holding—and 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 Posner’s abortion opinion from November; I’ve 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: It’s a new day in abortion jurisprudence—and 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.


16 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
'When There are Nine' (Original Post) sheshe2 Jun 2016 OP
Recommended. guillaumeb Jun 2016 #1
Apparently and so very sad. sheshe2 Jun 2016 #4
She towers among the greatest justices that have ever served. Agnosticsherbet Jun 2016 #2
She does. sheshe2 Jun 2016 #5
Love RBG mcar Jun 2016 #3
About damn time they were called out for what they were really doing! Dustlawyer Jun 2016 #6
We will~ sheshe2 Jun 2016 #9
The conscience of the Court. forest444 Jun 2016 #7
Reminds me of when someone said HRC and Warren would be bad rpannier Jun 2016 #8
K & R mountain grammy Jun 2016 #10
RBG getting it right AGAIN! tallahasseedem Jun 2016 #11
Notorious RBG don't play... ancianita Jun 2016 #12
+1 uponit7771 Jun 2016 #13
she an awfully fired up, proud and powerful speaker Sheepshank Jun 2016 #14
YES!!!!!!! niyad Jun 2016 #15
Nine just like her! Squinch Jun 2016 #16

guillaumeb

(42,641 posts)
1. Recommended.
Mon Jun 27, 2016, 07:47 PM
Jun 2016

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)
4. Apparently and so very sad.
Mon Jun 27, 2016, 08:24 PM
Jun 2016

This is a big day for woman. I thank you for the recommend, guillaumeb.

sheshe2

(83,319 posts)
5. She does.
Mon Jun 27, 2016, 08:30 PM
Jun 2016

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.

Dustlawyer

(10,493 posts)
6. About damn time they were called out for what they were really doing!
Mon Jun 27, 2016, 10:18 PM
Jun 2016

Love Notorious RBG!! Wish we had 8 more just like her!!!

rpannier

(24,304 posts)
8. Reminds me of when someone said HRC and Warren would be bad
Mon Jun 27, 2016, 10:38 PM
Jun 2016

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

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