By Dave Andrusko
Secure in the knowledge that, for now, it has a five-member Supreme Court majority hostile even to the most commonsensical, woman-protecting legislation, Planned Parenthood announced what everyone with eyes to see and ears to hear anticipated: they would be going after pro-life laws in eight states.
What a typically adulatory story didn’t explain–because PPFA didn’t offer the details–was what laws they would go after in Arizona, Florida, Michigan, Missouri, Pennsylvania, Tennessee, Texas and Virginia. Presumably these include laws that require abortionists to have admitting privileges at a nearby hospital and abortion clinics to meet the standards of ambulatory surgical centers–the issues on the table in last Monday’s Whole Woman’s Health v. Hellerstedt decision.
But, of course, the Abortion Industry is feeling its oats and may go after waiting period requirements and laws that have impacted Planned Parenthood’s funding streams–for starters.
What to say? NRLC President Carol Tobias told Danielle Paquette of the Washington Post
“They’ve decided the Supreme Court decision is going to give them the leeway to strike down a lot of laws, but I don’t see that happening,” she said, adding that it doesn’t mean a blank check “to get rid of everything.”
In other words, the specifics of HB 2 may have been gutted but that doesn’t mean the justices will necessarily invalidate other pro-life laws, much as PPFA would want otherwise.
And, as we discussed yesterday [“Supreme Court decision will not deter passage of pro-life laws across the nation”], National Right to Life’s model legislation on two high priority bills has already been passed in a number of states.
The Unborn Child Protection from Dismemberment Act is now on the books in six states– Kansas, Oklahoma, West Virginia, Mississippi, Alabama, and Louisiana The bill has also been introduced in Idaho, Missouri, and Nebraska, and is expected to be introduced in several other states.
The Pain-Capable Unborn Child Protection Act is the law in 14 states– Alabama, Arkansas, Georgia, Idaho, Kansas, Louisiana, Nebraska, North Dakota, Oklahoma, South Carolina, South Dakota, Texas [known as the Preborn Pain Act], West Virginia, and Wisconsin.
The latter protects unborn children who are capable of experiencing great pain when being killed by dismemberment or other late abortion methods. An unborn child is capable of feeling pain by 20 weeks after fertilization and likely earlier.
The former bans a particularly gruesome abortion method in which a living unborn child in her mother’s womb is ripped apart into pieces by an abortionist using sharp metal tools. Proponents look to the dissent in Stenberg v. Carhart and the majority in Gonzales v. Carhart and conclude the law would pass constitutional muster.
In light of Monday’s decision, we expected the Abortion Lobby to plow full steam ahead. But we have been, are, and will continue to be aggressive in passing pro-life laws across the nation and defending them in court, all the way up to the Supreme Court.