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Started By
Message
5th Circuit in NOLA tosses injunction. Texas abortion clinics to close.
Posted on 10/3/14 at 7:01 am
Posted on 10/3/14 at 7:01 am
Abortion Clinic Ruling
How quickly does this get reversed?
Constitutional right to abortion?
How quickly does this get reversed?
quote:
The Center for Reproductive Rights, which sued the state on behalf of a coalition of abortion clinics, said that Thursday's decision will force nearly 1 million Texas women of reproductive age to drive a minimum of 300 miles round trip "to access their constitutional right to an abortion."
Constitutional right to abortion?
Posted on 10/3/14 at 7:04 am to Elephino
quote:
Constitutional right to abortion?
Only when their constitutional right for government to provide the pill fails!
This post was edited on 10/3/14 at 7:04 am
Posted on 10/3/14 at 7:06 am to Elephino
The 5th Cir hasn't decided the case. On lifted the injunction. But lifting it means they think Texas has a reasonable chance of winning.
Posted on 10/3/14 at 7:07 am to Elephino
Abortion - mentioned NOWHERE in the Constitution...should be as easy and pleasant as going through a Chick-fil-a drive through.
Purchase and ownership of a firearm - expressly contained in the 2nd Amendment, should be as difficult and onerous as possible.
Purchase and ownership of a firearm - expressly contained in the 2nd Amendment, should be as difficult and onerous as possible.
Posted on 10/3/14 at 7:14 am to Vegas Bengal
Right. My title says "tosses injunction" just like the article. Are you implying nothing can be done to overturn or fight their lifting of the injunction? I honestly don't know...chemist not attorney.
Posted on 10/3/14 at 7:26 am to Vegas Bengal
quote:Haven't followed it specifically. Is this the case where doctors were inappropriately denied state license if they didn't have admitting privileges at a local hospital?
The 5th Cir hasn't decided the case. On lifted the injunction. But lifting it means they think Texas has a reasonable chance of winning.
Posted on 10/3/14 at 8:04 am to NC_Tigah
Something like that. Can't perform abortions unless they have local privileges.
Posted on 10/3/14 at 8:06 am to Elephino
quote:
Constitutional right to abortion?
Its not about that! Its about womens' safety!
Just like how dentists who use laughing gas are required to have admitting privileges at a hospital with an ER within 30 miles, to protect the safety of dental patients.
This post was edited on 10/3/14 at 8:08 am
Posted on 10/3/14 at 8:07 am to Elephino
I'm not a fan of abortion, and I certainly wouldn't be okay if anyone aborted a child I was related to, I am also a Christian, but I'll say this
A lot of people who use "religion" as their guide don't want women using birth control, but if they get knocked up they don't want them getting an abortion, but if they have the kid they also don't want them getting any help from the government.
So what exactly are these women supposed to do?
A lot of people who use "religion" as their guide don't want women using birth control, but if they get knocked up they don't want them getting an abortion, but if they have the kid they also don't want them getting any help from the government.
So what exactly are these women supposed to do?
This post was edited on 10/3/14 at 8:08 am
Posted on 10/3/14 at 8:36 am to Vegas Bengal
I remember the argument about admitting rights, but the article specifically states
quote:. Is this another provision of the same law?
federal appeals court ruled Thursday that the state may enforce a law that requires those facilities to be built to the same standards as hospitals.
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 8:46 am to Elephino
quote:
Last month, in Jackson Women’s Health Organization v. Currier, the U.S. Court of Appeals for the Fifth Circuit sustained an as-applied constitutional challenge to a Mississippi law requiring that “[a]ll physicians associated with [an] abortion facility must have admitting privileges at a local hospital and staff privileges to replace local hospital on-staff physicians” (“admitting privileges”). The court of appeals concluded that applying this law in Mississippi would have the effect of closing the state’s one existing abortion clinic and would therefore impose an undue burden on women seeking to exercise their constitutional right to terminate a pregnancy. This column will consider the unusual—and fact-sensitive—approach that the Fifth Circuit here took to reviewing the admitting privileges law.
LINK
This post was edited on 10/3/14 at 8:47 am
Posted on 10/3/14 at 8:47 am to Elephino
quote:
Is this another provision of the same law?
Yes, it's the same law that's been passed in a few other states, and it's written to put a heavy burden on abortion clinics and force them to close. Doctors must have admitting privileges, clinics must meet certain architectural specifications with no grandfathering in, etc. There were a couple of other provisions I'm forgetting, but the underlying intent is to force the clinics to close because they don't have the financial ability to build new facilities, and very few hospitals, especially rural ones, are going to grant admitting privileges to a doctor that performs abortions.
I am against abortion, but there are much better ways to reduce the number of abortions performed.
Posted on 10/3/14 at 8:54 am to FalseProphet
So they actually did argue on the terms of a "constitutional right to terminate a pregnancy"? So what article or amendment is this right being associated? Again, not being an arse. I'm just trying to rationalize a ruling such as this with the number of fetal homicide laws that exist in nearly 40 states. I completely understand these laws are intended to make abortion as difficult as possible.
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.
Posted on 10/3/14 at 8:56 am to SpidermanTUba
quote:
s not about that! Its about womens' safety!
Just like how dentists who use laughing gas are required to have admitting privileges at a hospital with an ER within 30 miles, to protect the safety of dental patients.
who needs gas, when we have you
Posted on 10/3/14 at 9:04 am to Homesick Tiger
quote:
Many cancer patients have to drive hundreds of miles to cancer treatment centers.
Don't they do that to receive the best treatment available? I can receive cancer treatment at OLOL, but I sure as hell will choose to drive to MD if that was the case.
Show me a case where a cancer patient HAS to drive hundreds of miles for treatment, and I'll acknowledge your point.
ETA: I'm waiting for Montana, Wyoming, or the Dakotas in your answer.
This post was edited on 10/3/14 at 9:05 am
Posted on 10/3/14 at 9:08 am to Elephino
quote:
So what article or amendment is this right being associated?
I forget which one specifically(14th maybe?), but the Roe v. Wade decision was based on the privacy clause, and hinged on the privacy of the decision made between a doctor and a patient. Anti-abortion folks haven't been able to crack that decision, so have gone this route to close abortion clinics. Not sure what constitutional argument the pro-abortion folks are using to fight these laws.
Posted on 10/3/14 at 9:11 am to Elephino
quote:
So what article or amendment is this right being associated?
The privacy clause and penumbra of the constitution.
I'm having a hard time believing you've never heard of Roe v. Wade and Planned Parenthood v. Casey.
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