Supreme Court refuses to block new Texas restrictions on abortion

posted at 8:41 pm on November 19, 2013 by Allahpundit

This isn’t a final ruling on the merits. They simply affirmed the lower court’s decision to let the new restrictions take effect now while the parties continue to battle over their constitutionality in court.

The Oct. 31 appeals court ruling prompted women’s clinics in five cities to stop providing abortions. It also meant that women seeking an abortion 15 or more weeks into pregnancy had to travel to Dallas or Houston, the only cities with open facilities that could legally perform those procedures.

The law would require doctors to have privileges at a hospital within 30 miles (48 kilometers). The measure also puts new restrictions on drug-induced abortions, although those restrictions weren’t at issue in the Supreme Court appeal.

The decision: 5-4 to uphold the Fifth Circuit’s ruling vacating the district court’s stay of the new law, split exactly along ideological lines of course. I recommend reading Scalia’s concurrence and Breyer’s dissent — nine pages total — to see how the Court’s liberals approach the idea of the “public interest” in a case involving abortion. There are four things a court considers when deciding whether to grant a stay — the likelihood that the new law will be upheld, whether the state will be irreparably injured if the stay isn’t granted, whether third parties (i.e. women who want abortions and their doctors) will be irreparably injured, and where the “public interest” lies. The Fifth Circuit found that the law probably will be upheld, that the state would be irreparably injured if if a valid law was stayed even temporarily, and that the public interest lies with enforcement of that duly enacted law. Women and their doctors might be injured too, but that’s not enough to overcome the three factors in the state’s favor. Breyer essentially throws all of that out and argues that the new restrictions are a big change from the current abortion-on-demand regime, ergo the status quo should remain in place while the legal fight plays out. Nothing else matters except making sure that easy access to abortion continues for as long as possible. On the public interest question, in a case involving the killing of life in the womb and a law supported heavily by Texas voters (including women), he essentially finds … nothing. His only concession that there’s a valid interest on the pro-life side is when he concedes that the constitutional questions raised by the law are “difficult.” Easy prediction: All four of the Court’s liberal hacks will plow their way through those “difficult” questions to find the law unconstitutional next year. Only the Court’s conservatives, like Kennedy and Roberts, ever deviate from the party line in meaningful cases.

Here’s gubernatorial candidate and pro-abortion superstar Wendy Davis reassuring Texas voters that her goal is zero abortions, even though the percentage of time her side spends on this subject devoted to protecting the right to abortion versus discouraging women from exercising it is roughly 100/0.


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YEAH!

gophergirl on November 19, 2013 at 8:46 PM

Good for SCOTUS. This is an illustrative case as to why it’s so crucial we take back the White House in 2016.

Stoic Patriot on November 19, 2013 at 8:48 PM

Here’s gubernatorial candidate and pro-abortion superstar Wendy Davis reassuring Texas voters that her goal is zero abortions, even though the percentage of time her side spends on this subject devoted to protecting the right to abortion versus discouraging women from exercising it is roughly 100/0.

.
Billy Jeff Clinton is, no doubt, offering to make joint campaign appearances with her…

PolAgnostic on November 19, 2013 at 8:48 PM

The law would require doctors to have privileges at a hospital within 30 miles (48 kilometers)

And this bothers the baby killers immensely , right ?

burrata on November 19, 2013 at 8:48 PM

Finally.

Rode Werk on November 19, 2013 at 8:49 PM

Wendy Davis…. What a Cupid Stunt. If it were not for abortion nobody would be paying attention to this worthless white trash. She’s only running for higher office because she can’t win her own seat again. Pity her while she slips into oblivion, the cute sneakers last to disappear.

Happy Nomad on November 19, 2013 at 8:50 PM

I heart my state!

annoyinglittletwerp on November 19, 2013 at 8:50 PM

If there is nothing wrong with abortion then why would your goal be to have zero of them?

Argonaut USA on November 19, 2013 at 8:51 PM

Thuja, Armin, and nobrain hardest hit.

Resist We Much on November 19, 2013 at 8:51 PM

Why does the National Abortion Federation not care about women’s health or safety?

Maddie on November 19, 2013 at 8:51 PM

Happy Nomad on November 19, 2013 at 8:50 PM

She needs to start practicing saying, ‘Gov. Greg Abbott’.

annoyinglittletwerp on November 19, 2013 at 8:52 PM

I’m sure trolls will show up so here is a question for them :
WHO is supposed to MAKE laws in a democracy such as ours ?
Unelected hacks in the judiciary ?
Lawmakers ?
We the People ?

burrata on November 19, 2013 at 8:52 PM

pro-abortion superstar

Wow. Is this really the best way to describe such an animal?

JonPrichard on November 19, 2013 at 8:53 PM

And this bothers the baby killers immensely , right ?

burrata on November 19, 2013 at 8:48 PM

Anything that gives unborn life a fighting chance bothers these killers. In this case they hold that, in Texas, it is not possible to always have an abortion factory within 30 miles of one’s vajayjay. So, ipso facto, the law requiring the basics of medical standards is anti-vajayjay.

Happy Nomad on November 19, 2013 at 8:54 PM

She needs to start practicing saying, ‘Gov. Greg Abbott’.

annoyinglittletwerp on November 19, 2013 at 8:52 PM

I’d rather she just shut up and say nothing.

Happy Nomad on November 19, 2013 at 8:54 PM

Good news for life!

D-fusit on November 19, 2013 at 8:55 PM

Happy Nomad on November 19, 2013 at 8:50 PM

That too.

annoyinglittletwerp on November 19, 2013 at 8:56 PM

:D

bazil9 on November 19, 2013 at 8:56 PM

HookEm’…

hillsoftx on November 19, 2013 at 8:57 PM

hillsoftx on November 19, 2013 at 8:57 PM

Guns Up!

annoyinglittletwerp on November 19, 2013 at 8:59 PM

Okay too good to wait for the right thread….

Drudge has a story about a CO man who was unable to get signed up for Obamacare but his 14-year-old Yorkie (and one of his security questions) now has coverage.

Yeah, this was ready to roll 50 days ago.

Happy Nomad on November 19, 2013 at 9:01 PM

Greg Abbot is stacking up victories on his way to face Davis in the governors race. You have to wonder if it has even penetrated her camp that her signature issue is a huge loser with the voters of Texas. How do you not run on the thing that made you famous? I have no idea, and it’s not like she ever had a chance, but I’m hoping like crazy that this race ends up being a referendum on abortion that ripples across the country.

TexasDan on November 19, 2013 at 9:04 PM

Happy Nomad on November 19, 2013 at 8:50 PM

Some of us GoBs down here in Texas are supporting her big time for the Democrat nomination. We figure it will save us a fortune in the general election, should someone else with a chance otherwise be nominated. And, with her on the ticket, Abbott will win in his sleep, and by huge numbers.

Actually, there’s no doubt she’ll be the next head of Planned Parenthood, the job she really wants, and we expect she’ll be less effective there, if that’s even possible, than she was in the Texas Senate. A complete win-win.

TXUS on November 19, 2013 at 9:05 PM

I can remember so clearly many many times libs have stated..”The abortion issue is settled.”

JellyToast on November 19, 2013 at 9:05 PM

BTW, can anyone tell me where in the US Constitution it says that killing babies is a right given to us by our Creator ?

burrata on November 19, 2013 at 9:07 PM

So there’s worries about injury to the state, worries about injuries to mothers and their doctors. Hmmm, seems like there might be injuries to another party, fatal injuries, if only we could figure out what that party might be. . .

rbj on November 19, 2013 at 9:09 PM

Let’s abort Wendy Davis – she is just such a *unt….

redguy on November 19, 2013 at 9:09 PM

Breyer complains they might have to drive 100 miles to kill a baby in his dissent.

Heartache..

These people make me sick.

wolly4321 on November 19, 2013 at 9:11 PM

Great news. Keep fighting to protect the rights of unborn babies. It’s been a while since common sense has ruled the day.

Without the right to life there can be no liberty or pursuit of happiness.

njrob on November 19, 2013 at 9:14 PM

Thuja, Armin, and nobrain hardest hit.

Resist We Much on November 19, 2013 at 8:51 PM

For sure. :)

I wish the ghouls on the Supreme Court would retire. *sigh*

22044 on November 19, 2013 at 9:14 PM

Why does the National Abortion Federation not care about women’s health or safety?

Maddie on November 19, 2013 at 8:51 PM

#democRAT war on wymyn

Solaratov on November 19, 2013 at 9:16 PM

Covered with the blood of the unborn…..Saint Wendy, of the Church of Progressivism, has her eyes on the big prize here.

Austin next year, and DC in 2016.

……now let’s see if the mostly incompetent gop can actually defeat her or the little Castro Marxist from San Antonio.

PappyD61 on November 19, 2013 at 9:16 PM

Breyer complains they might have to drive 100 miles to kill a baby in his dissent.

Heartache..

These people make me sick.

wolly4321 on November 19, 2013 at 9:11 PM

So why don’t the local chapters of
social justice churches or
democratic party
provide limo services on demand to women who want to go kill their babies ? Maybe they can get a 501 c3 exemption too :D

burrata on November 19, 2013 at 9:18 PM

5 to 4 Decision.

Scalia 77 Ginsburg 79
Kennedy 77 Breyer 74
Alito 63 Sotomayor 58
Roberts 58 Kagan 53
Thomas 65

2014 will likely be our last chance. We have to gain the Senate. It takes a simple majority to confirm Justices. Put aside ALL other issues if you care about protecting children.

kcewa on November 19, 2013 at 9:20 PM

Pity her

Happy Nomad on November 19, 2013 at 8:50 PM

I’m sorry, pity is not the word I’m feeling for this…thing…

rottenrobbie on November 19, 2013 at 9:20 PM

So, what is this going to mean for that new “Women’s Health Clinic” that just reopened last Friday after being closed down for the last 2 years?

Or was that $13 Million that Barky just “gave” that clinic from Federal funds just a great big donation to some Dem’s slush fund here in Texas hidden behind the cover of a business which was just going to close again right after its grand reopening?

TeresainFortWorth on November 19, 2013 at 9:24 PM

“Gov. Rick Perry today issued the following statement regarding the U.S. Supreme Court’s decision to allow Texas abortion restrictions to remain in effect:

“This is good news both for the unborn and for the women of Texas, who are now better protected from shoddy abortion providers operating in dangerous conditions. As always, Texas will continue doing everything we can to protect the culture of life in our state.”

http://governor.state.tx.us/news/press-release/19100/

workingclass artist on November 19, 2013 at 9:24 PM

It also meant that women seeking an abortion 15 or more weeks into pregnancy had to travel to Dallas or Houston, the only cities with open facilities that could legally perform those procedures.

It should be darn hard to get an abortion at that point. We start asking about fetal movement – the baby kicking – around 16 weeks. A woman who has felt her baby move and still decides to end its life knows exactly what’s at stake in her decision and we should never, ever make it easy for that life to be taken.

inmypajamas on November 19, 2013 at 9:24 PM

Supreme Court refuses to block new Texas restrictions on abortion

Good. The battle isn’t over but this is a small, strategic victory.

This isn’t a final ruling on the merits. They simply affirmed the lower court’s decision to let the new restrictions take effect now while the parties continue to battle over their constitutionality in court.

The unborn are specifically mentioned in the Preamble of the Constitution.

It’s time for SCOTUS to secure the Blessings of Liberty to them.

rukiddingme on November 19, 2013 at 9:29 PM

Here’s gubernatorial candidate and pro-abortion superstar Wendy Davis reassuring Texas voters that her goal is zero abortions…

Lying b1tch; God help me, I’m sick to f*cking death of this political bullshit. I know politicians and people have always lied, but I swear, it cannot ever have been this bad, this cynical, this brazen, and frankly, with such evil intent as we get day in and f*cking day out – mostly from the left, but some from the right as well.

Midas on November 19, 2013 at 9:35 PM

So, what is this going to mean for that new “Women’s Health Clinic” that just reopened last Friday after being closed down for the last 2 years?

Or was that $13 Million that Barky just “gave” that clinic from Federal funds just a great big donation to some Dem’s slush fund here in Texas hidden behind the cover of a business which was just going to close again right after its grand reopening?

TeresainFortWorth on November 19, 2013 at 9:24 PM

It’s probably largely in Wendy’s campaign chest as we speak.

Midas on November 19, 2013 at 9:37 PM

5 to 4 Decision.

Scalia 77 Ginsburg 79
Kennedy 77 Breyer 74
Alito 63 Sotomayor 58
Roberts 58 Kagan 53
Thomas 65

2014 will likely be our last chance. We have to gain the Senate. It takes a simple majority to confirm Justices. Put aside ALL other issues if you care about protecting children.

kcewa on November 19, 2013 at 9:20 PM

I completely agree, yet would submit that it goes beyond just protecting our children but, indeed, the Republic itself. We have got to win the Senate in 2014, period, and my only litmus test for a candidate running for Senate will be whether that candidate, RINO or not, will stand with the R majority on blocking any SC Justice appointed by Obama to replace an existing (or deceased) one.

Also, when I write about the Court, it is always followed by prayers that the existing conservatives on the court be allowed to live their lives in a natural order, and not ended by the most evil president and DOJ that this country has ever seen, and about whom I put nothing past.

This Court, as constituted, is not perfect, to wit Obamacare/Roberts, but as bad as Obama has been fot the nation from the White House, if he has a majority on the Court over the next couple of years or even in the last year of his presidency, kiss your children and everything you hold dearly goodbye.

TXUS on November 19, 2013 at 9:42 PM

Here’s gubernatorial candidate and pro-abortion superstar Wendy Davis reassuring Texas voters that her goal is zero abortions, even though the percentage of time her side spends on this subject devoted to protecting the right to abortion versus discouraging women from exercising it is roughly 100/0.

Human sexuality is what it is. Often irresponsible. Abortion will always be with us. I have complete contempt for any “pro-choice” advocate who says the goal is zero abortions. It isn’t.

thuja on November 19, 2013 at 9:50 PM

The Dems and the libs continue their war on women.

They want abortionists to be able to kill unborn girls die in the womb and they don’t care if women are permanently injured or die in the process.

INC on November 19, 2013 at 9:55 PM

Priorities, priorities:

Some D.C. Exchange Plans Cover Elective Abortion but Not Hearing Aids

Multiple individual plans available on the D.C. health insurance exchange specifically cover elective abortion but not hearing aids, routine foot-care, and routine eye-care.

Dems and libs are cold-hearted liars. They absolutely must have your money for abortion, but doing things that actually help people? Pfffffffftt!

INC on November 19, 2013 at 9:59 PM

And liberals like to claim they are “on the right side of history” but for some reason killing babies never makes the list.

gwelf on November 19, 2013 at 10:05 PM

Greg Abbot is stacking up victories on his way to face Davis in the governors race. You have to wonder if it has even penetrated her camp that her signature issue is a huge loser with the voters of Texas. How do you not run on the thing that made you famous? I have no idea, and it’s not like she ever had a chance, but I’m hoping like crazy that this race ends up being a referendum on abortion that ripples across the country.

TexasDan on November 19, 2013 at 9:04 PM

Even if Wendy wanted to back off of the abortion issue, her out-of-state supporters won’t let her. Monday night’s Texas Women Forever fundraiser, which Davis tweeted her support for and which had on-stage shout-outs for Wendy, included a part where the always-tasteful Sarah Silverman auctioned off a “vsg napkin”, while standing next to a guy gal person of undetermined gender dressed as a giant vajayjay.

The Greg Abbott ads using the instagram pics from this and Wendy’s “you go girls!” tweet just write themselves as 2014 campaign spots.

jon1979 on November 19, 2013 at 10:08 PM

Justice Breyer voted consistently with his religious precepts — for Judaism holds that until the baby’s head emerges from the womb, it is only partial life. It is not yet human.

Prevent that breach, and you prevent humanity. And only humans are accorded rights under our Constitution.

unclesmrgol on November 19, 2013 at 10:28 PM

I could swear that mousey, little Joey Orta (sp?) was the same guy interviewed at the end of the MRC video highlighted earlier today.

BuckeyeSam on November 20, 2013 at 12:06 AM

pro-abortion superstar
Wow. Is this really the best way to describe such an animal?

JonPrichard on November 19, 2013 at 8:53 PM

Baby Killer has been taken. Whada you got?

Meremortal on November 20, 2013 at 1:22 AM

It does not say in the constitution that you can KILL YOUR BABY.

It does, say, however you have the right to the pursuit of happiness. I’d say, being killed before you are born violates your pursuit right to pursue happiness.

If a state wants to make it legal like CA does, go for it. Kill all the babies you want.

However, when TEXAS decides, NO this is not good, then they should be able to do that.

If you want to kill babies, go to California. But I think long-term, the baby killing democrats should loose their case after the 20 week point.

Democrats want background checks via NICS when I buy a gun from a gun-dealer? OK fine, but you cant kill babies then either.

— COMMON SENSE LIMITS on rights remember? At least thats how they justify infringements on the second amendment.

TX-96 on November 20, 2013 at 6:35 AM