A panel of three judges in the US Court of Appeals for the Fifth Circuit released its ruling upholding HB2, Texas’ Pro-Life law, which took full effect in October of last year. The opinion affirms the constitutionality of the legislation passed last summer and rejects Planned Parenthood’s argument that HB2 places an “undue burden” upon abortionists, abortion facilities, and women seeking abortion.
The court upheld sections of the law that require abortionists hold admitting privileges at a nearby hospital, and that the dangerous RU-486 abortion drug be administered according to FDA procedure. The judges wrote,
“The district court held that parts of both provisions were unconstitutional and granted, in substantial part, the requested injunctive relief. A motions panel of this court granted a stay pending appeal, and the Supreme Court upheld the stay. We conclude that both of the challenged provisions are constitutional and, therefore, reverse and render judgment, with one exception, for the State.”
There is a minor caveat to the ruling, abortionists who have applied for admitting privileges prior to the law going into effect, but have not yet received a reply from local hospitals may continue to commit abortions until their applications for privileges are officially denied.
The court asserted that higher standards for an abortionist are, in fact, justified,
“During these proceedings, Planned Parenthood conceded that at least 210 women in Texas annually must be hospitalized after seeking an abortion. Witnesses on both sides further testified that some of the women who are hospitalized after an abortion have complications that require an Ob/Gyn specialist’s treatment.”
This is the third time recently that this Court of Appeals has upheld Pro-Life policies attacked by abortion advocates. The same court upheld Texas’ 2011 Sonogram Law and a policy that kept the abortion business Planned Parenthood out of the taxpayer-funded Women’s Health Program.
The 5th Circuit Court of Appeals has my absolute favorite judge, Edith Hollan Jones. If I were President, that’s who I would choose, and then Janice Rogers Brown if I had two picks. Well, it might not ever happen, but a guy can dream… about Supreme Court picks.
At the beginning of the month, there was a story on Life News about how these laws are closing abortion clinics.
The Dallas Morning News is reporting that the last two abortion clinics outside of big Texas cities will close Thursday because they can’t meet the restrictions placed on facilities under the state’s new abortion law.
Whole Woman’s Health in Beaumont and McAllen will close after providing abortions in the areas for a decade. Amy Hagstrom Miller, president of Whole Woman’s Health, which operated five abortion clinics before the law went into effect, said the provision requiring physicians to have admitting privileges at a hospital within 30 miles of the clinic was proving the most problematic.
Miller said hospitals near her McAllen clinic refused to grant her physicians’ applications for privileges. Some hospitals in the area require their privileged physicians to live nearby. Others require a current physician to co-sign applications for privileges, which many are unwilling to do for fear of being targeted or stigmatized.
In Beaumont, one 75-year-old physician secured privileges, but a second one could not, Miller said.
In addition to that Texas news, there is also a story this morning from National Right to Life about the 10th Circuit Court of Appeals has allowed Kansas to suspending taxpayer-funding of Planned Parenthood pending resolution of a court challenge. (H/T J.W. Wartick tweet) So there is more good news!
Wendy Davis has made her personal story of struggle and success a centerpiece of her campaign to become the first Democrat elected governor of Texas in almost a quarter-century.
While her state Senate filibuster last year captured national attention, it is her biography — a divorced teenage mother living in a trailer who earned her way to Harvard and political achievement — that her team is using to attract voters and boost fundraising.
Was she a divorced teenaged mother? Not quite:
She was 17 and still in high school when she moved in with her boyfriend, a construction worker named Frank Underwood. She got pregnant, married and “some time between [age] 19 and 20 was when Frank and I separated,” she said.
Davis remained in the mobile home a few months, then moved in with her mother before getting her own apartment. She got custody of her daughter, Amber, and Underwood was ordered to pay child support.
Under terms of the divorce, he got a boat, the mobile home and the responsibility for the mortgage on it. She got a 3-year-old Pontiac Grand Prix, a 1972 Firebird and a 1967 Chevy pickup. Davis was 21.
I don’t think that moving in with a construction worker at that age shows good judgment – it puts possible children at risk of divorce.
A single mother working two jobs, she met Jeff Davis, a lawyer 13 years older than her, married him and had a second daughter.
[…]After they married, when she was 24, they moved into a historic home in the Mistletoe Heights neighborhood of Fort Worth.
[…]When she was accepted to Harvard Law School, Jeff Davis cashed in his 401(k) account and eventually took out a loan to pay for her final year there.
[…]The daughters, then 8 and 2, remained with Jeff Davis in Fort Worth while Wendy Davis was at Harvard.
[…]Jeff Davis said that was right around the time the final payment on their Harvard Law School loan was due. “It was ironic,” he said. “I made the last payment, and it was the next day she left.”
[…]In his initial divorce filing, Jeff Davis said the marriage had failed, citing adultery on her part and conflicts that the couple could not overcome. The final court decree makes no mention of infidelity, granting the divorce solely “on the ground of insupportability.”
[…]A former colleague and political supporter who worked closely with Davis when she was on the council said the body’s work was very time-consuming.
“Wendy is tremendously ambitious,” he said, speaking only on condition of anonymity in order to give what he called an honest assessment. “She’s not going to let family or raising children or anything else get in her way.”
The Daily Caller says that she “relinquished custody” of the children after the divorce.
So, she had a man 13 years her senior pay for half her undergraduate degree, and her time at Harvard Law School, and then when the last student loan payment was made, she divorced him and abandoned her own children. You definitely don’t want to elect a person whose desire to be perceived in a positive way by others causes her to lie about herself, to make herself appear as a victim when the truth is that she was a gold-digger and a bad mother. Truth-telling is important, and especially important for a governor.
So here is my point about all of this. What did people expect from this woman? Do people really think that someone who stands up and advocates the outright murder/infanticide of unborn children after 20 weeks could be relied on to tell the truth? Would she be a good wife? Would she be a good mother? Or are people so taken in by her attractive appearance that they invent in their minds a completely fictional world where pink running shoes and blonde hair are all that matter in assessing a person’s character?
Abortion is a way of killing people you created by your own decisions. These people are weaker than you. They are depending on you to take responsibility for what you did, and to choose who you have sex with wisely. But you are killing them anyway, in order to stop them from taking your money and time. It’s possible for someone like Wendy Davis to look glamorous and pretty on the outside and be evil and selfish on the inside. That doesn’t mean that she is irredeemable, but it does mean that she would make a lousy governor.
Good leaders should care about other people, and especially children, and even more so their own children who were created because of their choice of man and choice of activity with that man. Good leaders take responsibility for what they do, and they honor moral obligations to others. Caring for others requires good decision-making and planning. You can’t break all the moral rules and choose men poorly, and then expect your children to get what they need. Life isn’t that unpredictable – there is a need for humility and wisdom. Ambition doesn’t cure selfishness, it just masks it.
Wendy Davis responds
Wendy Davis has responded to these revelations by melting down on Twitter, which reflects poorly on her leadership ability, and then criticizing her opponent because he hasn’t “walked a day in her shoes”, which is some sort of back-handed attack on his disability – he is a paraplegic. She also implied that he doesn’t know what it is to struggle with difficulties in life. The man is paralyzed, for God’s sake.
Additionally, the Houston Chronicle reports that her campaign is trying to hush up her ex-husband from telling more about what really happened. (H/T Legal Insurrection via Letitia)
“They’ve asked me not to talk to reporters,” Jeff said. He is anyway, because: “If she runs, the scrutiny on her will be extraordinary. She needs to deal with it in a constructive way. She needs to take control of the message. … My goal in all this, I think, is just try and protect the kids as much as I can.”
Now this should be the end of her campaign, but seriously, I wonder whether all of this crap is just going to cause her supporters to double down on voting for her “victimhood”. I would not be surprised, because we re-elected Obama. Every criticism of his policies (like this study by a Duke U. researcher) was dismissed as “racism”, and people actually believed that.
Sarah Palin and Michele Bachmann
I just want to remind everyone how two conservative women, who are decidely pro-life and NON-VICTIMS, were mercilessly attacked by the left-wing media. I mean Sarah Palin and Michele Bachmann, the latter of whom was my top candidate for President in 2012. I wrote about 50 posts about Michele starting from before she even announced her candidacy for President to when she dropped out of the 2012 race. If you are going to pick someone to lead, pick someone with a good marriage and 24 foster kids. Someone who also quit her job to homeschool her kids when they were struggling in school.
I’m sure that Michele and her husband had stresses and strains in their marriage, but they never divorced, either. Women can be great leaders, if they are trustworthy and moral. Michele Bachmann would be a fine President. Palin also seemed to have this calm, responsible demeanor. She took a lot of hits, and never melted down like Hillary Clinton and Wendy Davis have. That’s what you’re looking for in a leader. But the mainstream press wanted nothing to do with those women leaders, because they were pro-life, and that was the difference.
The Weekly Standard asked Texas state senator Wendy Davis about her filibuster of the ban on abortions after 20 weeks.
Texas state senator Wendy Davis spoke at the National Press Club in Washington, D.C. Monday afternoon about her 13-hour filibuster of a bill limiting late-term abortion, her life story, and her future in politics.
Davis has become a champion for pro-choice activists, but during her recent whirlwind national media tour, she never commented on late-term abortion doctor Kermit Gosnell, who was convicted of murder in May for killing infants moments after they were born.
Following her Press Club speech on Monday, THE WEEKLY STANDARD asked Davis to explain the difference between the late-term abortions that the Texas state senator wants to keep legal and the illegal Gosnell killings.
Davis didn’t answer the question. “I don’t know what happened in the Gosnell case,” she told me.
THE WEEKLY STANDARD: The supporters of these bans, they argue that there really isn’t much of a difference between what happened in that Philadelphia case with abortion doctor Kermit Gosnell [killing born-alive infants] 23 weeks into pregnancy and legal late-term abortions at 23 weeks. What is the difference between those two, between legal abortion at 23 weeks and what Gosnell did? Do you see a distinction between those two [acts]?
SEN. WENDY DAVIS: I don’t know what happened in the Gosnell case. But I do know that it happened in an ambulatory surgical center. And in Texas changing our clinics to that standard obviously isn’t going to make a difference. The state of the law obviously has to assure that doctors are providing safe procedures for women and that proper oversight by the health and human services department is being given. It sounds as though there was a huge gap in that oversight, and no one can defend that. But that’s not the landscape of what’s happening in Texas.
Polls have consistently shown that solid majorities of Americans, including women, support banning most abortions that occur later than 20 weeks after conception.
Asked what she thinks of polls showing women support limiting abortion after 20 weeks of pregnancy, Davis told me that people “don’t really understand” the issue.
I actually think that it’s pro-abortion people like Nancy Pelosi and Wendy Davis, and their media sycophants, who don’t understand abortion.
Here is the ignorance again, this time on Jezebel, a radical feminist web site, as reported by the American Spectator.
Excerpt: (links removed)
Other examples include a Jezebel article that declares “the concept of fetal pain is bullshit.” It’s a fascinating piece, full of superfluous nicknames and profanities, centered on the astounding assertion that “there’s no evidence that nonviable fetal pain is a thing.” Even more fascinating, however, is that the author, Katie J.M. Baker, doesn’t cite one ounce of scientific evidence to support her claim. Instead, she awkwardly transitions into an incoherent rant against Republicans.
But despite the left’s panic, there is a strong case to be made that unborn children feel pain by 20 weeks.
In a 1999 article published in the British Journal of Obstetrics and Gynaecology, Dr. Vivette Glover and Dr. Nicholas M. Fisk explain a key fact:
The most important evidence [of fetal pain] is anatomical. For the fetus to feel pain, it is necessary for the requisite nociceptive pathways to be developed. This involves neural connections between peripheral receptors and the spinal cord, upward transmission via the spinal cord to the thalamus, and from there to the outer cerebral layers.
Among the scientific jargon lies a key word – “nociception,” which has to do with nociceptive neurons. These “generate trains of action potentials in response to painful stimuli, and the frequency of firing signals the intensity of the pain.” In other words, they are what make pain painful. Glover and Fisk say that “most incoming pathways, including nociceptive ones, are routed through the thalamus and, as stated above, penetrate the subplate zone from about 17 weeks” into a pregnancy.
Now it’s true we might never know for sure exactly when an unborn child feels pain and to what extent. But Glover, Fisk, and others conclude that it is very possible pain is felt by at least 20 weeks. “Given the anatomical evidence, it is possible that the fetus can feel pain from 20 weeks and is caused distress by interventions from as early as 15 or 16 weeks. This sets a limit to the earliest stage that analgesia might be considered,” according to Glover and Fisk. They don’t suggest that abortions should cease, but instead recommend that painkillers be administered to children about to be aborted.
Pro-lifers are very familiar with what a baby can do at all stages of development. We have to be, because we have to be able to debate this issue using the real evidence. We are also the ones who push for informed consent and mandatory ultrasound, whereas the other side opposes both of those. Why is that? It’s because the pro-life side has the evidence and pushes it, whereas the pro-abortion side tries to hide the evidence and appeal to feelings. Abortion supporters don’t know, and they don’t want anyone to know. Their embrace of abortion depends on their not knowing the truth.
Pro-lifer Amy Hall tweeted about an editorial from CNN that makes this point about willful ignorance. The author writes that pro-lifers want to ban abortion after 20 weeks in order to protect unborn children who have a heart beat. Huh? Unborn babies have a heart beat at week 6, according to the well-respected Mayo Clinic. That means that the CNN journalist was off by 14 weeks in her statement. That’s the level of knowledge that you have on the other side of the abortion debate. It’s a self-serving ignorance designed to give them maximum autonomy and maximum irresponsibility.