Is Texas the End of Roe or a Temporary Reprieve?

Early in the pro-life movement, I attended a rally for a Pennsylvania bill. A reporter asked one of the bill’s authors if he thought his proposal was discriminatory. The question implied that such a law would make abortion more difficult for low-income women since wealthy women have always been able to travel freely–to go wherever abortion is readily available.

The legislator’s response still rings in my mind.

“Yes, it’s discriminatory. It’s highly discriminatory. It discriminates against the children of the rich whose slaughter will continue unabated.”

That bill eventually ended up before the Supreme Court in Planned Parenthood v. Casey.

While SCOTUS gutted much of the bill, some of the provisions stood.

Now Texas is trying to nearly eradicate abortion. And SB 8 has been largely successful–so far, saving an estimated 100 babies every day since September 1.

Roland Warren is the President of Care Net, a pro-life umbrella organization comprised of 1,200 affiliate pregnancy centers, 82 in Texas. Warren says in Texas, “The call volumes are up 30% or so.” Pregnant women are seeking help from those who can provide it for mother and child.

SB 8 is the recently passed legislation that allows someone to sue the physician and anyone who aids and abets in an abortion after six weeks’ gestation. That includes Uber and Lyft drivers (whose companies have promised to cover legal expenses for employees involved in an abortion situation).

The minimum cost of a judgment against an abortion purveyor or abettor is $10,000.

In The American Spectator, Ellie Gardey cites a source who says 20 of 23 Texas abortion clinics are still open despite the new law but doing fewer abortion procedures. Planned Parenthood’s open clinics are concentrating on “other missions . . . providing birth control, STD testing, and transgender hormone treatments.”

Even so, some clinics struggle to keep the doors open. Gardey explains that one of the largest Texas clinics saw a staff reduction of more than half when nine of 17 staff members quit the day before the law took effect.

The effort to protect the unborn is not new to Texas.

“In 2010, Texas had more than 40 abortion clinics, but more than half closed altogether during the legal battle over a 2013 Texas law that required doctors to have admitting privileges at nearby hospitals and for clinics to qualify as ambulatory surgical centers. The Supreme Court struck down the law in a 5-3 decision in 2016.” 

The composition of SCOTUS has since changed. The court’s new conservative leaning has resulted in the current Texas law going into effect despite an “emergency” plea from abortion advocates in late August. The high court did not pass judgment on the law itself. They merely allowed it to go into effect while the arguments make their way through the appellate system.

In the meantime, Gardey says, abortion appointments in nearby Oklahoma have seen a big jump as Texan women travel out of state to get around the law.

Sometimes discrimination works geographically rather than just economically.

Yet, the vast size of Texas does make it more difficult to obtain abortions for those who don’t live in the vicinity of Oklahoma. SB 8 is indeed saving unborn children from death and their mothers from trauma.

The saving of some unborn, and the travel out of state, may only last for Texas until a federal judge (an Obama appointee) hears the first appeal sometime this month. We can expect the Texas case to go back and forth until it reaches SCOTUS for a final determination.

Again in the meantime, before the Texas case can reach the high court, SCOTUS will meet in person to hear the dispute over Mississippi’s Gestational Age Act that has been working its way through appeals since 2018. That law prohibits abortions after 15 weeks except for medical emergencies and severe fetal deformities.

At some point, perhaps in December, the court may choose to make clear the degree of severity fetal deformities must attain to warrant abortion.

In these situations, discrimination isn’t just geographical and economic. It’s based in an ideal of human perfection. An ideal that operates on a sliding scale, condemning some and protecting no one.

At last in the meantime, the US House of Representatives last week fueled the flames of debate by passing the misnamed “Women’s Health Protection Act.” The vote came mostly along party lines with one Democrat lining up with every Republican in opposition to the bill that “codifies Roe” and Doe, the primary and companion 1973 cases that effectively allowed abortion for any reason at any time in pregnancy. Now the bill goes to the Senate.

David Morgan and Richard Cowan write about the bill’s chances in the upper chamber:

“It is not expected to pass the evenly divided Senate, where Democrats would need at least 10 Republicans to support it. Republican Senator Susan Collins, [R-Me] a moderate who supports abortion rights, has said she opposes it. She said the House bill would weaken exceptions provided to healthcare providers who refused to perform abortions on moral or religious grounds.”

If the bill dies in the Senate, we may consider America to have dodged a bullet. Not only would children continue to die and mothers continue to be traumatized, but already over-extended medical professionals would be forced to decide between their conscience and their paychecks.

Abounding discrimination would expand to a new population.

If SCOTUS overturns Roe, the chatter about bloating the high court with an unprecedented number of new appointees will become a roar from a minority that is merely loud, not vastly populated.

No matter how many children have died, how many abortion purveyors repent and turn from killing, no matter how many women regret their abortions, this radical, minority voice that calls for unlimited abortion keep singing their song of death.

Even if they have to twist the nation’s arm by forcing medical personnel to participate or get out. Even if they need to add justices to the court that has remained at nine members since 1869.

Imagine new presidents stacking the court every four or eight years.

Those in support of life do not have the ear of the media as do those who sing death. We must raise our voice. We must sing the song of life.

Sing in love. Sing often.

Never stop singing life.

Photo Credit: Unsplash

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