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Texas And The Victims Of Abortion Will Be Heard

Culture Opinion

While we fight the scourge of abortion, we had better recall His Word to judge not lest we ourselves be judged.

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The Supreme Court will take up a case focused on the Texas law ordering abortion doctors and clinics to have admitting privileges in local hospitals before abortions can be legally performed. Clinics are also required to qualify as outpatient surgical centers; abortion is an outpatient surgical procedure. The law was challenged by abortion rights groups and Planned Parenthood on grounds that a woman’s right to abort is thwarted wherever doctors lack privileges. Under the law, most Texas abortion facilities would be closed; a similar Mississippi law closes the state’s only clinic. Texas argues – successfully so far – that it is nothing but good standard medical practice to expect practicing physicians to prove their competence through having admitting privileges – this is what privileges connote. Texas was upheld in the district court and on appeal to the 5th Circuit Court of Appeals. The abortionists have appealed to the Supreme Court, and the court has agreed to hear the case.

The issue is not clinics closing. Nothing in the law prevents doctors from obtaining the privilege to admit patients to a hospital in their area. The incompetence of the docs may prevent it; medical incompetence would be the most common reason for a patient needing admission following an abortion.  Any competent doctor can get privileges anywhere – the hospital makes money on each admission. But the principal argument for abortion on demand – in 1973 and today – is the prevention of death and disease from so-called back alley abortions. Yet the incidence of infection, sterility, and death to post-abortive women is unchanged since the procedure was legalized by the Warren Court. The Texas and Mississippi laws address that anomaly by requiring only competent doctors to perform the procedure. This is in sharp contrast to California – home of the most abortions and the highest per capita rate of abortion in the nation – where abortions performed by non-doctors are now authorized. Will anyone guess where the most complications occur?

The crux of the legal case will be the Casey Standard, a proved-to-be unworkable compromise emerging from a 1992 case striking down a Pennsylvania law. The court held that states could restrict abortions, but only if the restrictions were not imposing “undue burden” on women. The lawsuits claim the laws in question establish an undue burden. The standard has never been defined, and – until now – the Supreme Court has refused to address it except to allow state bans on partial birth abortion. President Obama vetoed a federal law banning the practice and has vowed to do it again.

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 if the watchman sees the sword coming and does not blow the trumpet, and the people are not warned, and the sword comes and takes any person from among them, he is taken away in his iniquity; but his blood I will require at the watchman’s hand.

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