A setback that settles nothing: Opposing view

The Supreme Court erred in striking down provisions of a law that sought to regulate the practice of abortion in Texas.

For many years, the abortion industry has tried to claim that it is being singled out for “excessively burdensome requirements.” The Texas law would treat abortion clinics as surgical centers, but now the industry complains that it shouldn’t be expected to meet the same standards. They can’t have it both ways. Are they over-regulated or should they not be expected to keep the same standards as other clinics?

Opposing this law raises the question: How substandard are these abortion clinics that they cannot even meet the most basic standards applied to other outpatient surgical centers? Following the conviction of Kermit Gosnell in Philadelphia, it’s obvious that the abortion industry cannot be trusted to police itself and would allow deplorable conditions in clinics to remain unchecked.

A big win for abortion rights: Our view

Challenging a provision that abortion doctors have admitting privileges raises a second question: How bad are these abortionists that they cannot get admitting privileges at a hospital should a woman in their care experience a medical emergency?

After its 1973 Roe v. Wade decision, the court demonstrated hostility to regulating abortion as a medical procedure, acting as, to quote Justice Byron White, “the country’s ex officio medical board with powers to approve or disapprove medical and operative practices and standards throughout the United States.” However, in its 1992 Casey decision, the Court turned a corner, rejecting this idea.

What was not challenged in the Texas law was a provision, based on National Right to Life model language, to protect unborn children who are capable of experiencing great pain when being killed by dismemberment or other late abortion methods. We will continue to push this legislation, along with a ban on dismemberment abortion.

Today’s decision in Whole Woman’s Health v. Hellerstedt was a setback, but it settles nothing. The right-to-life movement will continue to move forward to protect unborn children and their mothers.

Carol Tobias is president of National Right to Life.