Ok, so I know we’re all watching Texas, but I expect this will be a late
night, and me still without Internet in my new place. *shakes fist*
That said, as we heard during testimony (invited testimony from a Law
Professor) this is really all about how Justice Kennedy will vote when this or
one of the other bills is taken to the Supreme Court as a challenge to Roe vs.
Wade. Circuit Courts
can’t disagree with one another, and at this point the 9th Circuit
has held up the implementation of an Arizona bill that prohibits abortion after
20 weeks. The 9th Circuit is one of the most liberal courts while
the 5th Circuit is one of the more conservative. Texas falls in the
5th Circuit. They are setting this up for a Constitutional showdown
in the Supreme Court.
I bring this up because the Wisconsin Abortion Law that was pushed
through by Gov. Scott Walker was blocked by a District Court Judge. U.S.
District Court Judge William Conley granted the order to block following a
lawsuit filed Friday by the Planned Parenthood of Wisconsin and Affiliated
Medical Services on Monday as reported by Scott
Bauer. The suit alleges that the requirement would unconstitutionally
restrict the availability of abortions in the State, violated the U.S.
Constitution’s due process guarantee and unconstitutionally treats doctors who
perform abortions differently from those who perform other procedures. This is
different reasoning from the 9th Circuit decision, but relevant all
the same.
Conley stated, “there is a troubling lack of justification for the
hospital admitting privileges requirement.” He added that the U.S. Supreme
Court ruled the states must prove the restrictions on abortion rights must be
reasonably aimed at preserving the mother’s health. He added, “Moreover, the
record to date strongly supports a finding that no medical purpose is served by
this requirement.”
The bill was introduced in the Legislature on June 4th, passed
nine days later, and signed into law on Friday. It took effect Monday. It
requires women obtain an ultrasound before getting an abortion, this provision
isn’t being challenged.
The Planned Parenthood’s CEO Terry Huyck said, “This ruling is a step in
the right direction for the women of Wisconsin who can now continue to make
their own personal, private health care decision. We are confident that the
Court will ultimately recognize if ACT 37 is not blocked, it would
unconstitutionally restrict the ability of Wisconsin women, including victims
of rape and incest and women who are in need of an abortion to preserve their
health, to access safe and legal abortions.”
Supporters of the law claim the ultrasound will help the woman bond with
the fetus and convince her to keep the fetus. They also claim that this bill’s
admitting privileges protects women who have complications.
But what this is really about like in Texas, Ohio, and North Carolina,
this is about preventing women from having control over their own bodies and
specifically abortion. The bill demands that if a complication occurs the
doctor performing the abortion treat the complication, but this isn’t actually
the case. Usually, a complication would be handled by a specialist not an
OBGYN.
Ok, so let’s jog over to North Carolina. Allison Kilkenney had an article
for The
Nation on Moral Mondays and the anti-choice garbage coming out of that
state. Moral Mondays are a response to the Republican government which is the
first time this has happened in more than a century. Activists have been
protecting the abortion limiting bill, and thus far more than 700 people have
been arrested. On Monday 2,000 people flooded into Raleigh and 64 protesters
were arrested after they refused to leave the legislative chamber. Among those
arrested was Janet Colm, president and CEO of Planned Parenthood of Central
North Carolina.
KilKenny concluded her piece with an epic few lines, “All of this raises
the question: what’s the point of living in a democracy with a First Amendment
if lawmakers are going to sneak legislation through in the middle of the night
and have concerned citizens arrested when they try to object?”
A very good question indeed. When your elected officials no longer
represent you what is the best course of action? The radical in me would point
out they can’t detain all of us. However, the pragmatist in me would point out
if we’re jailed we can’t drive them out of our government, and we mean to drive
them out of or government. Of course, do we have the time to wait for
elections? How many women will die or doctors prosecuted during this period?