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re: 5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.
Posted on 10/3/14 at 8:39 am to Tiger1242
Posted on 10/3/14 at 8:39 am to Tiger1242
There are two 5th Circuit cases that, when harmonized, tell you exactly what the 5th Circuit is thinking (panel-wise, not en banc full court).
Texas and Mississippi passed almost the exact same law. Texas' law shut down a few clinics but left several others open. Mississippi's had the effect of shutting down all clinics in the state (they only had one, and all local hospitals in Jackson refused to give the doctors privilege).
The Mississippi law was held unconstitutional because it had the effect of the state shifting a constitutional right onto neighboring states (Mississippi argued that its citizens could just drive to any neighboring states). Texas' law, however, just made it a little more difficult to exercise the right within the state.
In the Texas case, the court is perfectly okay with women having to drive 300+ miles to get an abortion, because they never have to cross a border to do it.
Texas and Mississippi passed almost the exact same law. Texas' law shut down a few clinics but left several others open. Mississippi's had the effect of shutting down all clinics in the state (they only had one, and all local hospitals in Jackson refused to give the doctors privilege).
The Mississippi law was held unconstitutional because it had the effect of the state shifting a constitutional right onto neighboring states (Mississippi argued that its citizens could just drive to any neighboring states). Texas' law, however, just made it a little more difficult to exercise the right within the state.
In the Texas case, the court is perfectly okay with women having to drive 300+ miles to get an abortion, because they never have to cross a border to do it.
This post was edited on 10/3/14 at 8:40 am
Posted on 10/3/14 at 8:44 am to FalseProphet
What constitutional right was being shifted/infringed? Not being an obtuse arse. I actually want to know how the case was argued.
Posted on 10/3/14 at 8:54 am to FalseProphet
quote:
the court is perfectly okay with women having to drive 300+ miles to get an abortion
Many cancer patients have to drive hundreds of miles to cancer treatment centers. I don't see or hear them bitching about it. If women are concerned about convenience of abortion clinics then maybe they should move closer to one. Irresponsibility has its drawbacks.
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