The Campaign For DA

6.09.2015

Texas Abortion Restrictions Upheld Today

Two years ago the Texas Legislature imposed severe restrictions on obtaining an abortion in Texas. (That was what the Wendy Davis filibuster was about.)  Today, as expected, almost all of the restrictions were upheld by the federal Fifth Circuit Court of Appeals.  I've seen reports that maybe only six or seven abortion facilities in Texas will be able to remain open if the decision stands. The U.S. Supreme Court has stayed away now from the abortion debate for several years but they might have to get back into it.

But something came back to me. The Fifth Circuit had to determine if the legislature's purpose in enacting the law would withstand constitutional scrutiny.  So they identified the purpose:


Oh, yes. The reason for the restrictive law is because the legislature cared about protecting the health of women.

And then I recalled Lt. Gov. David Dewhurst's tweet moments after the bill was passed as he reproduced a graphic of what a pro-choice group feared would happen.

Edit: How is this post so hard to understand? It's not about pro-life or pro-choice, it's about Texas politics. Dewhurst honestly stated his goal was to eliminate abortion in Texas. But they can't pass a law that says, "no abortions in Texas after 2013" because of Roe v. Wade. Instead, they got creative and tried to outlaw abortion in Texas as much as they thought they could get away with using "women's health" as a ruse.  Did they go so far as to pass a law that says "Every abortion clinic must be within 50 yards of the front entrance of the emergency room of Big Ben Regional Hospital in Alpine, Texas"? No. But, practically speaking, it wasn't far from that. It's a fascinating constitutional question.

28 comments:

Anonymous said...

They got it right.

Anonymous said...

Woohoo! Finally some good news around here. The pro-death liberal weenies have their panties in a wad since it's going to be more difficult to kill their little liberal weenie babies in Texas. A victory for both children and women in the Lone Star state....

Sam Brows said...

Ol' Double D didn't mean the Legislature at large when he used the word "we", he just meant himself and his staff. Wink wink. The Court was correct to quote from the stated purpose of the bill as contained in the Legislation, not the tweets of a twerp. The SCOTUS will accept cert and probably enjoin enforcement of the law whilst they sit on the decision for who knows how long.

Anonymous said...

Speaking of Windy, whatever happened to the butcher?

Bear said...

So, you have a problem with safe abortions?
Do you think a woman should be able to go to any back alley they chose to have an abortion?
Should the doctor performing the abortion be certified? trained? clean? safe?

Which part of that do you disagree with?

Oh, the part about being able to abort your child up to the point of delivery. That's the part you seem to be most concerned about.

Admit it and we can have a rational discussion. Deny it and we will have to dance around this subject for another 50 years.

Anonymous said...

So Barry thinks it should go to the Supreme Court until they come to a decision that he and other far leftist like. Anything less then that is unacceptable . I say good for Texas.

Anonymous said...

4:34-----

I think she's the governor, or running for president, or maybe just working at Baby Dolls. Either way you shouldn't make a mountain out of a mole hill.

Anonymous said...

I guess the safety part is only concerned with the woman, not the child. All abortions end with at least one death.

Anonymous said...

After seeing the horror show that happened with Gosnell--I have no problem with Texas making a law that the Doctor performing these abortions has to have medical privileges at a local hospital. Why would you want a doctor/pretend doctor to perform a serious surgery knowing if something goes wrong they aren't going to be there to care for you? Yes, I understand the politics of this law which ultimately will close abortion clinics but I still support this change.

Anonymous said...

Hey Skippy, Ever hear of Kermitt Gossnell, the Philadelphia abortion doctor, who is by far the largest mass murderer in American history? They say his clinic was filthy and he kept hundreds of aborted fetus's in jars. Several of the women he gave abortions to bled to death in his office. But I'll bet you're saying to yourself it couldn't happen in Texas.

Anonymous said...

4:53, Is she dancing at Baby Dolls with her pink tennis shoes?

wordkyle said...

If, as Planned Parenthood has always claimed, abortion is only "three percent of health services" for them, why would this law close their clinics?

Anonymous said...

Any political maneuvering or strategizing to prevent babies from being murdered is just fine and dandy with me. More power to them!

Anonymous said...

If we didn't make stupid decisions regularly, then what would the Supremes have to occupy their time? We keep them supplied with fresh business.

DF The 5th Circuit

Anonymous said...

If there is demand, more will open under new regulations.
Supply and demand son, supply and demand.

Anonymous said...

If it is about safety, why doesn't the legislature care about high school boys playing football? More of them died or faced life threatening injuries in the last five years than women in abortion clinics in Texas. Make all high schools have a fully functioning ER at each football field and watch the schools give up football.

Anonymous said...

You mean more boys died playing a sport they decided to play than defenseless babies who never had the choice to play?

I'd certainly hope so.

However, that's not true.
More babies, who never had a chance to nurse, were killed in the state than athletes who died playing high school football. And that's sickening.
More sickening than your idiotic logic.

Anonymous said...

In 2011, 73,200 women obtained abortions in Texas, producing a rate of 13.5 abortions per 1,000 women of reproductive age. Some of these women were from other states, and some Texas residents had abortions in other states, so this rate may not reflect the abortion rate of state residents.
State Facts About Abortion: Texas - Guttmacher Institute
https://www.guttmacher.org › pubs › sfaa

Anonymous said...

10:36----

You're right. Almost no woman dies from abortion. All the babies do.

Anonymous said...

1036,

How about some stats there? Football has been played since well before '73. I do not hear of all kinds of guys dying from football.

But in every single case, at least one of the participants dies in the abortion game.

M. Sanger

Anonymous said...

Further, the football boys generally do not get stuff ripped out from their nether regions.

Sooooo...Kind of different there.

Anonymous said...

You guys are ignoring what the legislature said. The reason behind the policy is protecting the woman -- not the fetus. The rationale is so absurd that you can't even comprehend it. Your arguments that it is about the baby are legitimate. The BS your legislature is feeding you and the Courts is not. Wake up.

Anonymous said...

Statistics: According to DHS as reported in the Dallas Morning News, there hasn't been a death of the woman in an abortion in Texas since 2008.

According to www.swata.org/statistics, there were 40 sports related deaths in 2011.

Obviously, playing football imposes more of a medical risk on the willing participant than a clinical abortion does on the willing participant. So why does the legislature state that these restrictions are necessary to "protect the health of the woman" but ignore the health of the high school athlete?

I can tell you why. Because this law has nothing to do with "protecting the health of the woman" and everything to do with restricting her access to a safe, legal abortion. I know most of y'all are alright with that but at least be honest about it.

Don't pretend that this is about women's health and don't allow your legislators to lie with impunity. Then when they lie about something that hurts you, they won't give it a second thought.

Anonymous said...

There is hope for Texas yet.

Anonymous said...

I think its great the Texas legislature is looking for ways to make medical procedures safer.
Might I suggest they look at "wisdom teeth" surgery. This routine but very dangerous surgery occurs in dentist offices all the time. Oral surgeons travel to different offices, unload equipment from the trunk of their car and proceed to surgery!
This is a surgery where you are unconscious. If there was a procedure that every needed a hospital, this is it!
1 in 400,000 die from wisdom teeth surgery.
10 died from abortion in 2010.

If Texas is so concerned about patient health, take up wisdom teeth. Otherwise the abortion health concern is a red hearing.

Anonymous said...

Thank you Anon 8:46. Don't pretend it's about women's health. It's a thinly veiled political ploy to get those who support the move reelected. Whichever side of the debate you are on, if you think it is anything but a carefully orchestrated ploy you are seriously deluded. This is the only reason the issue has seen so much airtime in recent years in various states.

I'd like to say I'm surprised that we're wasting time on this political maneuvering when there are more important things to deal with every two years, but I'm not.

What everyone seems to miss in all the emotional drama this inspires is that right now everyone has the right to CHOOSE how they feel about this very controversial issue and that's how it should be.

BU '92
UT '94
TCU TBA

Bear said...

10:57

But the fetus doesn't get to "choose". When do we stand up for the most innocent among us? As long as "you" get to choose, you are satisfied. When someone else gets to make a choice that you don't like, then you want to change the rules to take "their" choice away.

You would think with all that BU, UT, TCU crap, you could see the argument. But higher education does not always mean smarter.

Anonymous said...

With virtually everybody turning homo if one believes the liberal media, I'm surprised this is even an issue. Convert to a homo lifestyle and save a baby.....