Competing explanations for why states will continue to pass protective legislation

By Dave Andrusko

It’s not exactly comparing notes, but I am always, always fascinating by our benighted opposition’s take on the lay of the land. Enter “New year brings altered landscape for abortion battle,” by Jessica Ravitz that appeared at CNN yesterday.

And to her credit, Ravitz herded up the big pro-abortion hitters on a conference call: “the ACLU Reproductive Freedom Project, the Planned Parenthood Federation of America, the Center for Reproductive Rights and the National Network of Abortion Funds.” The only pro-abortion giant missing was EMILY’s List, the richly-endowed pro-abortion PAC that supports only militantly pro-abortion female Democrats.

So…what are the takeaways?

*”They spoke of the more than 400-and-counting restrictions to abortion access that have been enacted at the state level since 2010 and vowed that this is not a time to stop fighting. Even though Roe v. Wade remains on the books, they said, some states forge ahead as if it has been overturned.”

Better put, states are continuing to push the envelope to see how much commonsense the Supreme Court has acquired over 46 years. Once upon a time, the justices were so hostile, it took great fortitude and persistence and faithfulness to carry on. But the environment has improved.

*“Court rulings that deny restrictions simply get ignored or appealed, said Julie Rikelman, senior director of litigation at the Center for Reproductive Rights. She said Louisiana, which has only three abortion clinics, is trying to enact laws to close clinics that are identical to a Texas effort that was struck down by the Supreme Court two years ago in Whole Women’s Health v. Hellerstedt.”

Two things. The legislation is not identical, as the 5th Circuit carefully explained when it upheld Louisiana’s 2014 Unsafe Abortion Protection Act. Besides, as we have learned over the decades, the Supreme Court does change its mind—and not just on our issue but on a host of questions. Pro-abortionists, who couldn’t wait to gut protective laws in the 1970s and 80s, now want time to stand still.

*“That [states “chipping away at what should be protected”] means the threat to Roe v. Wade remains strong, even as the support of it has grown, they said. Several mentioned a Gallup Poll from the summer that showed nearly two-thirds of Americans — or 64% — want to uphold the 1973 Supreme Court decision, including 41% of Republicans.”

Okay, why would we ever expect context or a fair rendition of opinion polls from pro-abortionists? We wouldn’t. We’ve explained countless times that asking people whether they want to uphold Roe when for the most part they haven’t a clue about Roe’s unbridled abortion license, is simply dishonest, not to mention hugely misleading.

So what is the pro-life take on the landscape going into 2019? I asked Ingrid Duran, director of NRLC’s Department of State Legislation.

She told me, “They are right in the sense that clearly the landscape has been altered. But it’s not because legislators are out of step with public opinion but because they are in step with public opinion!” Duran then explained the breadth and depth of pro-life initiatives:

National Right to Life has been the leader in passing meaningful legislation since the mid-1980’s. NRLC has been successful in passing laws such as the Pain-Capable Unborn Child Protection Act which protects unborn children who are capable of feeling pain from abortion, and the Unborn Child Protection from Dismemberment Act, which protects living unborn babies from being ripped apart limb from limb from a gruesome abortion procedure. Then there is requiring that information be made available to women that should they change their minds half-way through a chemical abortion, there is a realistic possibility of saving their baby. And don’t forget “Prenatal Nondiscrimination Acts” which are intended to prevent eugenic abortions—abortions undertaken because a woman wants a boy rather than a girl.

But those are just the more high profile legislative accomplishments. There are many more. Just to name a few…

Then there are laws to prohibit abortion facilities from providing chemical abortions via telemedicine (web-cam abortions), and Woman’s Right to Know Laws. Such laws give mothers information on abortion alternatives and risks, scientifically accurate information on the developing unborn baby, and provide ultrasounds and reflection periods

Pro-abortionists have good reason to fear 2019.

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