There is currently a court case that began in Texas resulting from former Governor Rick Perry signing the House Bill 2 (HB2) in 2013. The HB2 bans abortions after 20 weeks of pregnancy, requires abortion clinics to meet the same standards as hospital-style surgical centers and mandates that a doctor has admitting privileges at a hospital within 30 miles of the facility where he or she performs abortions. As well as many other restrictions. The State Representative Jason Isaac co-signed this bill and ran unopposed in the 2016 primary election. Yipee!
The entire state of Texas has 10 abortion clinics, prior to the good Governors bill Texas had 40 clinics. For reference purposes, California has 522 clinics that perform abortions. California is the most populated state in the US followed by Texas. The current laws in place make it almost impossible for a woman to get an abortion without waiting weeks if not months for an appointment. By the time they are able to get to an appointment they may be passed the 20-week mark. This is breaking a Constitutional right. The doctors have admitted there is no way they will be able to provide abortions to as many women that seek them.
Since the law was enacted there has been a significant decrease in medical abortions (taking a pill). Many women prefer this to avoid a surgical procedure. Unfortunately, with the new Texas law, you need to take each pill in front of a doctor. That is 4 office visits when there are only 10 locations in the entire state. Some women are more than 300 miles away from the nearest clinic, many women who seek abortion do not have the means to travel. This is why many have abortions because they are unable to financially provide. A study is currently being conducted to get numbers on how many at home abortions are happening in Texas, it can and will happen again.
Medical abortions have dropped 70% which is a huge number. A significant increase in second-trimester abortions have been reported, since the new law was enacted. The lack of access to abortions and longer wait times are to blame for this increase. Complications can occur during an abortion as with any medical procedure or medication. There is a higher risk of complications the longer you wait to have the procedure done. The purpose the Republicans claimed they enacted these laws was to make sure abortions were done safely. Waiting to have a simple procedure done that could be done in a few minutes is not helping anyone. In fact, this bill is more costly for the woman and the providers. It makes it very inconvenient for all involved which seems to be the lawmakers agenda.
In 1973 Roe Vs. Wade made it to the Supreme Court. Roe, a single pregnant woman in Texas wanted an abortion. Wade, the Dallas County District Attorney. Roe could not afford to travel to a different state to have an abortion performed safely. The laws in Texas made it impossible for a woman to have a safe, clinical abortion with a licensed physician. Roe claimed Texas statutes were unconstitutional and she was protected by the First, Fourth, Fifth, Ninth, and Fourteenth Amendment. She appealed decisions of the district court on behalf of herself and all women in the same predicament. A doctor and a couple came forward in the claim stating similar issues. The doctor had court cases pending for performing abortions in Texas.
Texas urges that, apart from the Fourteenth Amendment, life begins at conception and is present throughout pregnancy, and that, therefore, the State has a compelling interest in protecting that life from and after conception. We need not resolve the difficult question of when life begins. When those trained in the respective disciplines of medicine, philosophy, and theology are unable to arrive at any consensus, the judiciary, at this point in the development of man’s knowledge, is not in a position to speculate as to the answer. [p160]- Justice Blackmun (delevering the opinion of the court) Roe Vs. Wade
A district court ruled that the Texas statute was indeed unconstitutional and a violation of the 9th amendment. The problem was it did nothing for abortions. It was basically a slap in the face and the reason why it was appealed to the Supreme Court. The same issues that were happening in the 1970s are again happening in the Supreme Court today, and again it is the state of Texas.
The principal thrust of appellant’s attack on the Texas statutes is that they improperly invade a right, said to be possessed by the pregnant woman, to choose to terminate her pregnancy. Appellant would discover this right in the concept of personal “liberty” embodied in the Fourteenth Amendment’s Due Process Clause; or in personal, marital, familial, and sexual privacy said to be protected by the Bill of Rights or its penumbras, see Griswold v. Connecticut,381 U.S. 479 (1965); Eisenstadt v. Baird,405 U.S. 438 (1972); id. at 460 (WHITE, J., concurring in result); or among those rights reserved to the people by the Ninth Amendment, Griswold v. Connecticut, 381 U.S. at 486 (Goldberg, J., concurring).-Justice Blackmun (delevering the opinion of the court)Roe Vs. Wade
This decision changed history for millions of women. Prior to this court case in many places in the US women were having unsafe home abortions. The court decision on Roe Vs. Wade is a long but a very interesting read. It goes into the history of abortion and shows that it has been around and available prior to Geek and Roman times. The Justice was very clear from the beginning, this case is not about feelings it is about the Constitution and the question asking are Texas laws preventing American Citizens from their right.
All this, together with our observation, supra, that, throughout the major portion of the 19th century, prevailing legal abortion practices were far freer than they are today, persuades us that the word “person,” as used in the Fourteenth Amendment, does not include the unborn…..
It should be sufficient to note briefly the wide divergence of thinking on this most sensitive and difficult question. There has always been strong support for the view that life does not begin until live’ birth. This was the belief of the Stoics. [n56] It appears to be the predominant, though not the unanimous, attitude of the Jewish faith. [n57] It may be taken to represent also the position of a large segment of the Protestant community, insofar as that can be ascertained; organized groups that have taken a formal position on the abortion issue have generally regarded abortion as a matter for the conscience of the individual and her family. [n58] As we have noted, the common law found greater significance in quickening. Physician and their scientific colleagues have regarded that event with less interest and have tended to focus either upon conception, upon live birth, or upon the interim point at which the fetus becomes “viable,” that is, potentially able to live outside the mother’s womb, albeit with artificial aid. [n59] Viability is usually placed at about seven months (28 weeks) but may occur earlier, even at 24 weeks. [n60] The Aristotelian theory of “mediate animation,” that held sway throughout the Middle Ages and the Renaissance in Europe, continued to be official Roman Catholic dogma until the 19th century, despite opposition to this “ensoulment” theory from those in the Church who would recognize the existence of life from [p161] the moment of conception. [n61] The latter is now, of course, the official belief of the Catholic Church.-Justice Blackburn (reciting the decision of the court) Roe Vs. Wade
It was decided. The Court ruled 7–2 that a right to privacy under the Due Process Clause of the 14th Amendment extended to a woman’s decision to have an abortion, but that this right must be balanced against the state’s two legitimate interests in regulating abortions: protecting women’s health and protecting the potentiality of human life.
When Roe Vs Wade hit the Supreme Court abortion was already legal in 18 states. The affirmation of the Supreme Court made it legal in all states. In the 1970s, the minorities suffered the most. Abortion may have been legal in many of these states, but not everyone had a way to get to places where it was legal. The Center for Disease Control and Prevention estimates that in 1972 alone, 130,000 women obtained illegal or self-induced procedures, 39 of whom died. Furthermore, from 1972 to 1974, the mortality rate due to illegal abortion for nonwhite women was 12 times that for white women.
In 1992, a similar case was seen in the Supreme Court regarding a women’s constitutional right to abortion, Planned Parenthood v. Casey.
The Casey decision said states may not place undue burdens on the constitutional right to abortion before fetal viability. Undue burdens, it said, included “unnecessary health regulations that have the purpose or effect of pres
Prior to the 19th-century, abortion was not considered a crime. The people nor the Catholic Church regarded or acknowledged life prior to birth. Today this is a huge issue, yet for thousands of years, it was never a problem. When Abortion Was A Crime
Today we are fighting this ridiculous claim again. Roe Vs. Wade disallowed many states and federal restrictions with its ruling any changes to that can be permanent trouble for women in the United States. It was fought in 1992, seems every 20 years or so someone decides women shouldn’t have free will.
This law is being fought in front of the Supreme Court yet again, Texas is the state that constantly seems to be fighting the Constitution. If the Supreme Court rules in favor of these abortion restrictions this will not only affect Texas but 11 other states that have also adopted these harsh laws and restrictions.
According to the Supreme Court ruling in 1973, every woman has the right to a safe and legal abortion. Our lawmakers have different ideas. There are only 8 Justices currently sitting on the Supreme Court. 4 of the Justices are Republicans and 4 of the Justices are Democrats. Unless they allow President Obama to appoint a Justice and a vote it may be a dead end. Justice Kennedy who is likely to be the deciding vote is trying to delay the vote as he is asking the Texas courts to do more fact finding.
The Republicans have said they won’t even consider voting or having a hearing on any nominee that President Obama chooses. Republicans are trying to change the Constitution yet again.
When someone asks me to describe a Republican politician I say “Watch a dog chase their tail in a circle” that’s what they do chase their tails going in circles until something breaks. They focus on a few insane components of legislation anything that makes life hard on your average person and they dig deep and rub it in. To add salt to the wound most of the last 97 bills that passed the house were regarding blocking other bills, war, energy companies, and homeland security.
Texas has been infringing women’s Constitutional rights for 60 years actually a lot longer, this has been going on prior to Supreme Court cases. It’s time to fight back in a bigger way. Abortion is a right of every American woman. Any laws that block an Americans rights should not be tolerated. Women need to stand up for themselves yet again. It’s like the civil rights movement never happened. Our future generations deserve to have a choice and their Constitutional rights protected. As an American, we should all do what we can. If someone was fighting for more gun control in the Supreme Court, Texas lawmakers would be quoting the Constitution. They only read part of the Constitution, it seems it was too much to read and they stopped at the Second Amendment.
If you would like to help in supporting Pro-Choice please go to the NARAL website, it is a great site you can take action by signing petitions or sign up to volunteer. It has a lot of information on the site, and it explains what being pro-choice is all about.