Jeeves
It has begun: Republican judges start killing Roe v Wade
Mon Sep 10, 2018 7:32pm
2601:405:4400:f7ff:e412:7b4d:73e2:811e

https://thinkprogress.org/a-federal-appeals-court-just-openly-defied-the-supreme-court-to-uphold-an-anti-abortion-law-a53460afc5ef/
A panel of three Republican judges openly defied the Supreme Court on Monday, permitting a law that is nearly identical to the abortion restriction the justices struck down in Whole Woman’s Health v. Hellerstedt to take effect.

Just like Hellerstedt, Comprehensive Health v. Hawley concerns two restrictions on abortion. The first requires abortion clinics to comply with expensive architectural requirements, the second requires that “all doctors who perform abortions at ASCs must be ‘privileged to perform surgical procedures in at least one licensed hospital in the community.’” Again, the Supreme Court struck down a nearly identical Texas law in Hellerstedt.

In fairness, the two laws are not entirely identical. Most notably, Missouri’s law permits individual abortion clinics to see waivers from the “physical plant regulations,” and at least one such waiver has been granted for a clinic that made a “minor request.”

Judge Bobby Shepherd, a George W. Bush appointee, wrote for himself and his fellow Republican judges that the challenge to these “physical plant” requirements may need to be delayed until after a clinic first tries to obtain a waiver. There are strong legal arguments against Shepherd’s position here, but Shepherd and his two colleagues at least claim that this waiver system meaningfully distinguishes Hawley from Hellerstedt.

The same cannot be said, however, about Missouri’s law requiring abortion providers to be able to perform surgical procedures at a nearby hospital. Indeed, if anything, this provision of Missouri’s law is significantly more restrictive than Texas’. The law struck down in Hellerstedt merely required abortion doctors to “have active admitting privileges at a hospital” within 30 miles of the clinic. The Missouri law requires abortion providers to be able to perform surgeries in a nearby hospital, and it requires that hospital to be no more than “15 minutes away.”

And yet, the panel of three Republican judges all conclude that this provision may stand, at least for now. Judge Shepherd claims this result is justified because “Hellerstedt did not find, as a matter of law, that abortion was inherently safe or that provisions similar to the laws it considered would never be constitutional.” The Supreme Court’s opinion in Hellerstedt determined that abortion was very safe in the state of Texas, but “no such determination about abortion in Missouri was made here.”

It is unclear why, exactly, Shepherd believes that the relative safety of abortion in Texas is likely to be different than that in Missouri. Perhaps Shepherd believes that the human uterus is shaped differently in the state of Texas? Or that Texas doctors receive vastly different medical training than doctors in Missouri?

(More at the link.)




    • This may require...Poppet, Mon Sep 10 7:37pm
      ..."2nd Amendment remedies." And I am not remotely kidding...
      • Elections have consequencesJeeves, Tue Sep 11 12:39am
        They have the power, and they aren't shy about using it to advance their agenda. The telling moment will be to see how they react IF they lose the House and/or the Senate. Or, conversely, how they... more
        • American experiment never ends,it evolvesNona, Tue Sep 11 8:55am
          US had been moving steadily left and now there's a moment of correction
          • The American ExperimentJeeves, Tue Sep 11 9:45am
            https://www.historians.org/teaching-and-learning/teaching-resources-for-historians/sixteen-months-to-sumter/newspaper-index/new-york-daily-tribune/the-american-experiment The American Experiment... more
            • An interesting example of a changeSprout, Tue Sep 11 10:49am
              in how the US is referred to that I think is part of the problem.... Note how the author refers to the United States as a plural. The United States have... The United States are... And refers to... more
              • That event changed the perception of independence of the states, but not the underlying democratic traditions and institutions of the nation. The American Experiment refers to a democratic republic... more
                • And I would say that while many of theSprout, Tue Sep 11 1:08pm
                  changes of the civil war were ultimately good, some were not and have had long term negative consequences.
                  • You're basically saying, nothing. Give your best example of what you believe is the "worst change" and had the "worst long term consequences" from that, as you call it "change". Thanks.
                    • I thought I made that clear earlier...Sprout, Tue Sep 11 4:11pm
                      You chose to go to racism as the only possible consideration, which I have to presume is projection on your part. If you can't grasp that the CONCEPT of diversity goes beyond just race, I can't help... more
                      • Your assertion that racism is the only possible consideration is silly and of course just another lie you've posted to avoid actually taking a position. Once again, I am not your excuse.
                • Yes I did....Sprout, Tue Sep 11 1:06pm
                  I would say that the great class has already arisen... Look at the ruling families like Kennedy and Bush and Clinton. And they have blinded MOST of the people to believe in the division between... more
                  • You need to reread that quoteJeeves, Tue Sep 11 3:02pm
                    He wasn't referring to a ruling class. " a great class would arise, of mere laborers, destitute of property, to whom the right of suffrage could not be safely entrusted. ” I agree that wealth... more
              • Oh....so segregated fountains in this state...HeavyHemi, Tue Sep 11 10:59am
                no abortion in that state. I think you're stretching based on that sample size of, one.