States have every right to regulate constitutional rights to some degree. We have state regulations on voting and on gun ownership and purchases for example. No right is unfettered.
So, we can accept Roe v Wade yet still have to question to what degree states are allowed to regulation abortion that are fall below fetal viability (22ish weeks).
There were 8K abortions in LA last year. That is about 0.1% of the population. So to start with, we are only talking about a small percentage anyway.
The clinic remaining would be in New Orleans, so the longest distance anyone would need to travel would be maybe a 6 hour drive. Instead of an average 3 hours.
So, you add maybe 6 hours average to the procedure over 2 says for maybe 0.05% of the population. Is that an undue burden that is big enough to toss out the rights of the states to regulate themselves to the wishes of that state, those that are voted into office in that state?
It is a valid argument, and is a gray area like many voter ID, gun control, free speech, etc. issues. I could see this going 5-4 either way.
@Marvin - Do you have any idea how hard it is for a poor person with no paid vacation time and limited transportation options to make a 12 hour round trip?
btw, states don't have a right to regulate something in a way that actually harms their citizens.
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No writer ever wrote such an outstanding courageous book to let your mind wander into and through an abortion and orphanage story as John Irving did by
“The Cider house rules “ ... !
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We shall see if the two new members of the Supreme Court abide by and follow legal precedent. Wasn't it Senator Collins that informed everyone that she was going to vote for Justice Kavanaugh because he assured her that he would follow legally binding precedent. We will all be shocked if he does and sends the Louisiana law packing as too intrusive. If he in fact sided with the conservatives and upholds the state law it will open the flood gates of more states restricting and limiting what women can do with their own bodies and it should tell the Maine voters its time for a new senator.
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@MLucero Legal Precedent is that even constitutional rights can be regulated by states to varying degrees. The question then becomes to what degree these restrictions are allowed.
Several physicians' groups have stated that hospital admitting privileges provide no benefit to the patient. Are we going to allow politicians and lawyers to make medical decisions for us? One more assault on a woman's private choice regarding her own well-being.
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@Julie Well, those politicians were elected by the good folks of Louisiana based upon their platforms and views. And it has nothing to do with a medical decision. All it has to do is at what point a restriction becomes an undue burden.
To figure that out you need to look at the number of folks affected, the times they access this service, what additional time it would add, cost it would add, etc.
Is adding 6 hours of drive time over 2 days that affects maybe 0.5% of your states population and undue burden? It is a fair question to ask.
What if a governmental agency issued a rule that made the filling of a prescription for a single ED pill similar to that of qualifying for an abortion. A waiting period of 72 hours, written permission from your partner/spouse, proof of income and insurance to cover a pregnancy and child support into adulthood, a check for STD's, and a full medical to prove that you are sufficiently fit for intercourse.
Actually put all of those restrictions on engaging in intercourse in the first place with a huge fine and prison time for those who engage in intercourse without government permission. Now that would end unwanted pregnancies without resorting to abortion.
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This is a curious case where Republicans, who are usually up in arms in opposition to big government and business-killing regulation are literally trying to wipe out an entire industry through regulation.
Oh, but wait, instead of protecting people's rights or preventing environmental damage, these regulations are meant to control what women can do with their bodies. I guess that makes it OK.
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Small men will always fear women. This is why the GOP dominance of the supreme court is so tragic.
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...and as always the rich and powerful people including the publically religious conservatives will have access to abortion.
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@johnw
Yes, although they never need abortions for economic reasons. But they will have no problem obtaining them for personal or medical reasons.
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@Patricia Like when their mistresses get pregnant. -NW
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@johnw ..plus...as tax payers pay $45MM a year for viagra for military personnel.
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Waiting periods - no medical indication. Mandatory ultrasound - no medical indication. Providers required to have hospital admitting privileges - no medical indication.
What is the common denominator?
Controlling women's bodies and denying their autonomy to make decisions that are best for themselves.
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It's a fact that Trumps two appointed justices are conservatives, but I wonder if they will be able to weight cases on the merits of the case instead of on the justices' political philosophy.
I suspect we'll know by June or July.
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It is interesting to watch the legal language used by courts slowly become irrational as they change the operating definitions of plain English language words. In the end, the meaning of any word can be challenged if the goal is to change a law from the bench. But as the definition of language breaks down so does the regime of law that is based on it. What we are witnessing is the spectacle of judges destroying the meaning of the judicial system as they attempt to make secular law subservient to religious doctrine. So the ultimate violation here is not simply a woman’s rights, it is the violation of the constitutional bedrock of the First Amendments prohibition on the establishment of religion. If the court enforces what is essentially a religious ban on a right that has been decided many times in the past, the end of constitutional law is imminent. And after the law comes the deluge.
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@Bobotheclown
So very well said. Thank you.
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