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Author Topic: Late Term Abortion Law  (Read 10314 times)

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patrick jane

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Re: Late Term Abortion Law
« Reply #26 on: May 18, 2019, 04:56:07 pm »

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Re: Late Term Abortion Law
« Reply #28 on: October 08, 2019, 03:50:59 am »
Clandestine medical abortions reportedly on the rise in the US

While the number of in-clinic abortions in the United States is reportedly down, the sale of illicitly acquired abortion pills may be up, according to recent data from the pro-choice Guttmacher Institute.

According to data from Guttmacher, a total of 339,640 medication abortions occurred in 2017, making up about 39% of all abortions. But because of the “black market” abortion pills acquired online or otherwise surreptitiously, it is difficult to track exactly how many abortions are occurring this way. Researchers told the New York Times that they estimate that secret medical abortions are making up a growing and “irreversible” portion of abortions in the United States.
“This is happening,” said Jill E. Adams, executive director of If/When/How: Lawyering for Reproductive Justice, told the New York Times. “This is an irreversible part of abortion care here in the United States.”

https://www.catholicnewsagency.com/




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Re: Late Term Abortion Law
« Reply #29 on: October 11, 2019, 08:42:28 pm »
Clandestine medical abortions reportedly on the rise in the US

While the number of in-clinic abortions in the United States is reportedly down, the sale of illicitly acquired abortion pills may be up, according to recent data from the pro-choice Guttmacher Institute.

According to data from Guttmacher, a total of 339,640 medication abortions occurred in 2017, making up about 39% of all abortions. But because of the “black market” abortion pills acquired online or otherwise surreptitiously, it is difficult to track exactly how many abortions are occurring this way. Researchers told the New York Times that they estimate that secret medical abortions are making up a growing and “irreversible” portion of abortions in the United States.
“This is happening,” said Jill E. Adams, executive director of If/When/How: Lawyering for Reproductive Justice, told the New York Times. “This is an irreversible part of abortion care here in the United States.”

https://www.catholicnewsagency.com/





Jesus tells us in Isaiah, that He has a special judgement for those who do harm to the innocent.


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Re: Late Term Abortion Law
« Reply #30 on: November 19, 2019, 10:54:38 am »

https://www.christianitytoday.com/news/2019/november/planned-parenthood-suit-undercover-pro-life-cmp-daleiden-lo.html






Planned Parenthood Wins $2.2M Suit Against Pro-Life Investigators




The jury said the pro-life activists who exposed the organization’s sale of fetal parts could not use journalism as a defense.


Pro-life advocates decried an award of more than $2.2 million to Planned Parenthood in a suit involving undercover investigations that provided evidence the country’s leading abortion provider traded in the sale of baby body parts.

A federal jury in San Francisco issued the penalties last Friday against the Center for Medical Progress (CMP) and, among others, two investigators who secretly recorded videos of Planned Parenthood executives discussing their sale of fetal parts, as well as their willingness to manipulate the abortion procedure to preserve organs for sale and use. David Daleiden and Sandra Merritt also clandestinely recorded conversations with officials of fetal tissue procurement businesses that worked with Planned Parenthood.

The jury agreed with Planned Parenthood that the defendants were guilty of fraud, trespassing, illegal recording, racketeering and breach of contract, according to The San Francisco Examiner. It awarded Planned Parenthood $870,000 in punitive damages, about $470,000 in compensatory damages and—under a federal anti-racketeering law—triple compensatory damages of more than $1.4 million, The Examiner reported. The total was $2.28 million.

“Regardless of what any court decides, the videos of Planned Parenthood speak for themselves,” said Russell Moore, president of the Southern Baptist Ethics andn Religious Liberty Commission (ERLC), in written comments for Baptist Press. “They reveal an organization whose profit structure is built on violence against women and their unborn children.

“Whatever questions some may have about the legality of the recordings, we should not forget what the recordings revealed: The cruelty, dishonesty and lawlessness of Planned Parenthood.”

The National Right to Life Committee called the judgment “chilling for anyone acting in good faith to reveal what they feel is criminal activity or behavior. This judgment is a miscarriage of justice and threatens [First Amendment] rights and investigative journalism.”

Planned Parenthood was “thrilled with today’s verdict,” said Alexis McGill Johnson, acting president of the Planned Parenthood Federation of America (PPFA). “The jury recognized today that those behind the campaign broke the law in order to advance their goals of banning safe, legal abortion” in the United States.

The legal organizations representing the pro-life investigators criticized the decision and said they would appeal.

“It is as though the jury completely disregarded every piece of evidence we produced,” said Alexandra Snyder, executive director of the Life Legal Defense Foundation. “Not only does Planned Parenthood engage in illegal and morally repugnant practices, but its agents never bothered to tell the defendants that the conversations about things like ‘crushing above and crushing below’ to get more desirable and salable body parts were confidential.”

Peter Breen, lawyer for the Thomas More Society, said the lawsuit “is payback for Daleiden exposing Planned Parenthood’s dirty business of buying and selling fetal parts and organs. His investigation into criminal activity by America’s largest abortion provider utilized standard investigative journalism techniques, those applied regularly by news outlets across the country.”

(Editor’s note: In the wake of the video clips, Planned Parenthood ended its practice of accepting payment for fetal tissue and parts, and CMP called the move an admission of guilt: “If the money Planned Parenthood has been receiving for baby body parts were truly legitimate ‘reimbursement,’ why cancel it?”)

Following the 2015 release of the first undercover videos, Daleiden, CMP’s founder, spoke at the inaugural Evangelicals for Life conference in January 2016 in Washington, D.C. The ERLC sponsors the event.

At the time, Daleiden explained his ethical approach to the clandestine operation: “I think that undercover work is fundamentally different from lying, because the purpose of undercover work is to serve the truth and to bring the truth to greater clarity and to communicate the truth more strongly.”

Federal Judge William Orrick, who presided over the trial, ruled journalism could not be a defense in the face of Planned Parenthood’s claims, thereby dealing a blow to the defendants’ arguments. Testimony during the six-week trial appeared to affirm statements made by Planned Parenthood officials and others on CMP’s secret videos.

Those undercover videos included evidence of the dissection of live babies outside the womb to remove organs.

Planned Parenthood centers performed more than 332,000 abortions nationwide during the most recent year for which statistics are available. PPFA and its affiliates received $563.8 million in government grants and reimbursements in its latest financial year.

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Re: Late Term Abortion Law
« Reply #31 on: November 19, 2019, 08:08:19 pm »

https://www.christianitytoday.com/news/2019/november/planned-parenthood-suit-undercover-pro-life-cmp-daleiden-lo.html






Planned Parenthood Wins $2.2M Suit Against Pro-Life Investigators




The jury said the pro-life activists who exposed the organization’s sale of fetal parts could not use journalism as a defense.


Pro-life advocates decried an award of more than $2.2 million to Planned Parenthood in a suit involving undercover investigations that provided evidence the country’s leading abortion provider traded in the sale of baby body parts.

A federal jury in San Francisco issued the penalties last Friday against the Center for Medical Progress (CMP) and, among others, two investigators who secretly recorded videos of Planned Parenthood executives discussing their sale of fetal parts, as well as their willingness to manipulate the abortion procedure to preserve organs for sale and use. David Daleiden and Sandra Merritt also clandestinely recorded conversations with officials of fetal tissue procurement businesses that worked with Planned Parenthood.

The jury agreed with Planned Parenthood that the defendants were guilty of fraud, trespassing, illegal recording, racketeering and breach of contract, according to The San Francisco Examiner. It awarded Planned Parenthood $870,000 in punitive damages, about $470,000 in compensatory damages and—under a federal anti-racketeering law—triple compensatory damages of more than $1.4 million, The Examiner reported. The total was $2.28 million.

“Regardless of what any court decides, the videos of Planned Parenthood speak for themselves,” said Russell Moore, president of the Southern Baptist Ethics andn Religious Liberty Commission (ERLC), in written comments for Baptist Press. “They reveal an organization whose profit structure is built on violence against women and their unborn children.

“Whatever questions some may have about the legality of the recordings, we should not forget what the recordings revealed: The cruelty, dishonesty and lawlessness of Planned Parenthood.”

The National Right to Life Committee called the judgment “chilling for anyone acting in good faith to reveal what they feel is criminal activity or behavior. This judgment is a miscarriage of justice and threatens [First Amendment] rights and investigative journalism.”

Planned Parenthood was “thrilled with today’s verdict,” said Alexis McGill Johnson, acting president of the Planned Parenthood Federation of America (PPFA). “The jury recognized today that those behind the campaign broke the law in order to advance their goals of banning safe, legal abortion” in the United States.

The legal organizations representing the pro-life investigators criticized the decision and said they would appeal.

“It is as though the jury completely disregarded every piece of evidence we produced,” said Alexandra Snyder, executive director of the Life Legal Defense Foundation. “Not only does Planned Parenthood engage in illegal and morally repugnant practices, but its agents never bothered to tell the defendants that the conversations about things like ‘crushing above and crushing below’ to get more desirable and salable body parts were confidential.”

Peter Breen, lawyer for the Thomas More Society, said the lawsuit “is payback for Daleiden exposing Planned Parenthood’s dirty business of buying and selling fetal parts and organs. His investigation into criminal activity by America’s largest abortion provider utilized standard investigative journalism techniques, those applied regularly by news outlets across the country.”

(Editor’s note: In the wake of the video clips, Planned Parenthood ended its practice of accepting payment for fetal tissue and parts, and CMP called the move an admission of guilt: “If the money Planned Parenthood has been receiving for baby body parts were truly legitimate ‘reimbursement,’ why cancel it?”)

Following the 2015 release of the first undercover videos, Daleiden, CMP’s founder, spoke at the inaugural Evangelicals for Life conference in January 2016 in Washington, D.C. The ERLC sponsors the event.

At the time, Daleiden explained his ethical approach to the clandestine operation: “I think that undercover work is fundamentally different from lying, because the purpose of undercover work is to serve the truth and to bring the truth to greater clarity and to communicate the truth more strongly.”

Federal Judge William Orrick, who presided over the trial, ruled journalism could not be a defense in the face of Planned Parenthood’s claims, thereby dealing a blow to the defendants’ arguments. Testimony during the six-week trial appeared to affirm statements made by Planned Parenthood officials and others on CMP’s secret videos.

Those undercover videos included evidence of the dissection of live babies outside the womb to remove organs.

Planned Parenthood centers performed more than 332,000 abortions nationwide during the most recent year for which statistics are available. PPFA and its affiliates received $563.8 million in government grants and reimbursements in its latest financial year.


Their Idea of late term is 2yrs old......
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patrick jane

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Re: Late Term Abortion Law
« Reply #32 on: February 24, 2020, 03:04:51 pm »

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Re: Late Term Abortion Law
« Reply #33 on: March 14, 2020, 06:29:06 pm »

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Re: Late Term Abortion Law
« Reply #34 on: April 11, 2020, 09:35:00 pm »
Reading the opening post - ugh.  Abortion is Luciferian.   One has to be a psychopath to perform abortions. 
June is Gay Pride Month.Tolerance and diversity? ☞ More like tolerate perversity.☠
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Re: Late Term Abortion Law
« Reply #35 on: April 11, 2020, 10:57:22 pm »
Reading the opening post - ugh.  Abortion is Luciferian.   One has to be a psychopath to perform abortions. 

its called MURDER!

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Re: Late Term Abortion Law
« Reply #36 on: June 06, 2020, 01:50:38 pm »

https://www.christianitytoday.com/edstetzer/2020/june/why-i-protest-and-you-should-too.html







Pro ALL Life: Why I Protest and Encourage You to Do So Too












I've marched for life like lots of evangelicals. I encourage you to march for black lives as well. Protests are part of who we are.


I’m convinced that Christians need to speak out and to protest at times. And the reality is, all Christians believe this about certain issues. For example, it does not seem controversial when we march for life. But it does seem controversial when we march for racial justice, and I think it’s worth exploring why.

Earlier this week, I marched in the Bronzeville neighborhood of Chicago to join thousands of others in a peaceful protest led by African American faith leaders.

Yesterday, my family and I participated in a lament walk in Wheaton. I tweeted at the time, "At the Wheaton lament walk with my family. Communities all over the country are coming together to mourn and work for justice. I’ve never seen a group like this in Wheaton. It’s encouraging." And I meant it.

Now, mind you, I am doing more than protesting—things like partnering churches together and giving to help impacted communities, but I’m also headed out again right now to be a part of a local protest.

I think protesting matters.

Let me explain.

Our Heritage

As Protestants, protest is a part of our faith heritage. That’s part of why we are called Protestants.

Martin Luther protested abuses in the Catholic Church with his 95 Theses. When he was given a papal bull from Pope Leo X calling him to recant, Luther burned it in protest. He was called a heretic and worse, yet he stood on his convictions. Indeed, we draw Protestantism from those who followed Luther in “protest” after he broke from the Catholic Church at the Diet of Worms in 1529.

Also, as a specific strain within Protestant Christianity, evangelicals have long history of protest. We draw our theological heritage from English Puritans who dissented from the Church of England.

As Americans, it is part of our civic heritage (one which we often venerate in textbooks and through holidays. The one that sticks out in our national conscience is the Boston Tea Party, one of the earliest protests of the American Revolution which rallied people against the oppressive tyranny of King George.

And as Evangelicals, we are people defined in part by our heritage of revival, reform, and renewal. We are at our best when we are calling ourselves, our churches, and our communities to resist both dead orthodoxy and empty moralism. At our core, we are supposed to be people who work to protest spiritual lethargy.

Christians have also protested moral wrongs throughout the years.

Most recently, evangelicals and other Christians have consistently—and against considerable public pressure—protested abortion, including participation in a major national March for Life every year.

Our Call

Far from a recent evolution, modern evangelicalism was born out of a rejection of isolationism of fundamentalism. Carl F.H. Henry’s The Uneasy Conscience of Fundamentalism drew attention to the ways theological conservative Protestants in America had lost sight of the social dimensions of the gospel. Later, in his book A Plea for Evangelical Demonstration, Henry would focus more practically on the issue of public protest in calling evangelicals to take seriously our faith:

This is a call for authentic evangelical protest. A sensitive Christian conscience must openly confront enduring and intractable social injustices. Biblically concerned Christians need not forego a moment of open identification with those of other faiths and alien views in protesting what all together recognize to be unjust."[1]

As Peter Heltzel rightly observed, this was “Henry on fire for lasting social change as a vital expression of our gospel witness.” Drawing a clear parallel to Martin Luther King’s famous exhortation to moderate clergy that "injustice anywhere is injustice everywhere,” Henry pleaded for Christians to protest “what all together recognize to be unjust.”[2]

With unrelenting surgical precision, Henry repeatedly honed in not only on the systemic nature of evil but also on the necessity of a public response by the people of God. The result was an unavoidable call to evangelicals to see the call to protest as intimately and unavoidably connected to their faith.

Our Current Situation

Over the past two weeks, we have witnessed countless marches and demonstrations to protest not only the killing of George Floyd, but also the broader issue of systemic racism., Following other tragic reports of African American deaths in the recent past, Floyd’s death seems to be a tipping point in waking people to action.

But there is a difference it seems between the protests over the past two weeks and the litany of those I just noted above. The difference in these recent protests is that some conservatives (often evangelicals) seem intent upon focusing on other issues so as to bypass the heart of the matter.

It’s worth addressing their argument.

Even as evidence of violence and prejudice mounts and the pleas from their brothers and sisters of color intensify, their social media feeds instead focus on the riots and looting. Tying the protests and riots together, some are trying to dismiss the former by way of the latter.

Here’s the challenge: You can simultaneously speak out against systemic racism and looting and violence. Evangelicals sometimes struggle with the former but demand the latter. Followers of Jesus must do both.

Faith Leaders March

The faith leaders I marched with for justice in Chicago modeled this duality. Walking through the streets, they called out victims by name while proclaiming that black lives do matter.

I’m aware of concerns surrounding the BLM movement (and have published about those concerns here) but that doesn’t negate the significance of the phrase. We should be ashamed we have reached a place where so many in the African American community believe their lives do not matter to us. Regardless of politics, it marks a tragic failure on our part to live out scripture’s imperative to be known for our love.

Moreover, as we marched through Bronzeville for justice and fairness, leaders of that condemned the destructiveness of rioting and looting not only on the goals of the protest but in the very communities we were trying shine lights upon.

No Christian affirms a violent riot but this is the straw man some are using. Yet consider how this same tactic is used against us when applied to other protests. When extremists bomb an abortion clinic and kill an abortion doctor, we are defensive when others try to use the incident to tar the entire pro-life movement. Even as we join in condemning this violence as antithetical to the movement, it can quickly become a talking point to label the movement as violent, hypocritical, and self-defeating.

As we ask for others to avoid straw man tactics to silence our protests, we must resist the same temptation to silence others.

Behind the Protesting

One of the disappointing facts of debates over the nature of protests is that the underlying message can get lost. Yet the reality is that the act of protesting itself is not the issue. Indeed, for too many, focusing on the protests can often be a smokescreen to avoid dealing with the harsh reality.

Instead, we get endless debates of protesting the right way. If only African Americans (and others seeking justice) would protest the right way, then we would understand and deal with the problem, we hear. Well, I can’t think of a righter way than a peaceful protest walking through Bronzeville in a march led by African American pastors.

It must not be lost that so many of these marches are saturated in the gospel and lead by gospel ministers. Indeed, David Neff reminds us that one of the most prominent civil rights song, "We Shall Overcome," was adapted by Peter Seeger from Louise Shropshire's "If My Jesus Wills (I'll Overcome)." That so many white people see only the looting fringe and not their brothers and sisters in Christ speaks to centuries of oppression must be bridged.

It's my hope and prayer that the church today will be building bridges rather than burning them. Otherwise, something far worse than property will be destroyed.

Standing and Marching for Lives that Matter

For me, I stand with the unborn who’ve been ignored. It’s interesting to see so many throw that back up on social media to me, yet I wonder if they’ve joined us at the national March for Life or even the Chicago march.

Many people have tweeted back at me mentioning abortion in the last couple weeks. I’m glad that are concerned for the innocent unborn. I’ve not tweeted back to ask how many have joined us for such marches for life. Tweets are easy— action is hard. I hope they will.

I assure you, it was pretty cold in Chicago when I spoke at that Chicago march. And yet, I saw Anglican Bishop Stewart Ruch there. And I saw him again this week. I tweeted, “I saw Anglican Bishop @StewartRuch at the faith leaders March on Tuesday AND we regularly see one another at pro-life marches. I love his consistency.”

This weekend, many of your African American brothers and sisters need to know you care. I was invited first by James Meeks—Meeks is an evangelical pastor who is a trustee of Moody Bible Institute and grad student in our Wheaton College graduate program. How could I not stand by my brother in Christ when he asked me to stand with him against injustice and stand by him in his community’s pain.

I was surprised that James Meeks insisted I join him at the front of the march—that’s me at the middle holing the Y and James holding the D. (It’s blurry in the article picture at the top, but here we are together—and I am glad to be by his side.)

I did not want to be up front, but he and Charlie Dates explained to me that it is important that white allies be present and evident. So I listened to them.

Lots of evangelical pastors where there that day, and I was glad to be a part of it. You might consider joining such a peaceful event in your own area this weekend yourself, because protesting is what we Protestants have been doing since day one.

Don’t let the fringe voices on Twitter keep you from standing for justice with your neighbor.

You already probably knew that the unborn need your voice. Well, so do your African American brothers and sisters who have been born into a world where they wonder if their lives really do matter.











Endnotes

[1] Carl F. H. Henry, A Plea for Evangelical Demonstration (Grand Rapids: Baker Book House, 1971), 13.

[2] Peter Goodwin Heltzel, Jesus and Justice: Evangelicals, Race, and American Politics, 86.

Ed Stetzer is executive director of the Wheaton College Billy Graham Center, serves as a dean at Wheaton College, and publishes church leadership resources through Mission Group. The Exchange Team contributed to this article.

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Re: Late Term Abortion Law
« Reply #37 on: June 30, 2020, 04:48:42 pm »

https://www.christianitytoday.com/news/2020/june/supreme-court-abortion-louisiana-june-medical-services.html







Supreme Court Rejects Louisiana Abortion Regulations










John Roberts joins liberal justices, citing precedent.


The Supreme Court has ruled that a Louisiana law regulating abortion places an unacceptable obstacle in the path of women who want an abortion.

Pro-life advocates had hoped that the two new conservative justices would swing the court in a different direction than its 2016 ruling on a similar case. Instead, the 5–4 decision solidifies the court’s definition of “undue burden” on women seeking the procedure and further limits states’ abilities to regulate abortion.

“This decision is disappointing and wrong-headed,” said Russell Moore, president of the the Southern Baptist Convention’s Ethics and Religious Liberty Commission. “The Louisiana law was directed toward the simple goal of protecting women from danger by placing the most minimal restrictions possible on an abortion industry that insists on laissez-faire for itself and its profits.”

The Louisiana law required abortion providers to obtain admitting privileges at a local hospital. Legislators said the requirement would improve the level of care that clinics provide for women. Abortion regulations in Louisiana and other conservative states have resulted in clinic closures and corresponded with falling abortion rates nationwide.

The court struck down similar requirements in Texas in 2016, ruling that the regulation would have no positive effect on the level of treatment women received but would likely cause some clinics to close. The regulation was unconstitutional because it placed an “undue burden” on women’s access to abortion.

On Monday, four liberal justices—Stephen Breyer, Ruth Bader Ginsberg, Sonya Sotomayor, and Elena Kagan—decided in June Medical Services vs. Russo that the Louisiana law was unconstitutional for the same reasons.

“Enforcing the admitting-privileges requirement would drastically reduce the number and geographic distribution of abortion providers, making it impossible for many women to obtain a safe, legal abortion in the State and imposing substantial obstacles on those who could,” wrote Stephen Breyer, for the majority.

Chief Justice John Roberts joined the decision in a concurring opinion. Even though he said the Texas decision was wrong, he thinks the precedent is binding. Roberts appealed to the legal doctrine of stare decisis, a Latin phrase meaning “to stand by things decided.”

“Stare decisis requires us, absent special circumstances, to treat like cases alike,” Roberts wrote. “The Louisiana law imposes a burden on access to abortion just as severe as that imposed by the Texas law, for the same reasons. Therefore Louisiana’s law cannot stand under our precedents.”

The legal argument did not please pro-life advocates.

“Chief Justice Roberts’ vote is a big disappointment,” said James Bopp Jr., general counsel for National Right to Life. “This decision demonstrates how difficult it is to drain the DC swamp and how important it is that President Trump gets re-elected so that he may be able to appoint more pro-life Justices.”

Louisiana—like many conservative states—has passed numerous laws regulating abortion in the last few years. Most abortions are banned after 22 weeks. Every woman seeking abortion is required to get an ultrasound and receive in-person counseling. And girls under 18 are required to get parental consent.

The state has seen a 2 percent drop in abortions since 2016, continuing a nation-wide trend. In the state’s four clinics, there is currently about currently about 1 abortion per 100 reproductive-age women every year.

The Louisiana clinics do not have a good record of caring for women’s health. A lower court—which sided with the abortion providers—described the clinics’ disregard for basic levels of medical care as “horrifying.”

In one case, a doctor did not sterilize the instruments used to perform an abortion. The same doctor used single-use instruments multiple times, court records show. In another case, a women started to hemorrhage during her abortion. The doctor didn’t try to stop the bleeding, according to disciplinary records, but instead told her to “get up and get out.”

June Medical Services, the clinic at the center of the Supreme Court case, was cited for failing to monitor breathing and heartbeats while women were under anesthesia. Its doctors also didn’t check medical histories and performed abortions without documenting anything about prior complications with anesthesia, or issues with menstruation, pregnancy, and childbirth, according to the lower court’s findings.

Pro-choice advocates argued that requiring doctors who perform abortions to maintain admitting privileges at local hospitals will not improve the level of care. Sometimes hospitals evaluate a doctor’s qualifications and record, but admitting privileges can also be denied for bureaucratic reasons that have nothing to do with the quality of care a patient receives. Functionally, they argue, the requirement will only prevent some abortion doctors from working in Louisiana.

Justice Samuel Alito, in his dissent to Monday’s ruling, argued that “there is ample evidence in the record showing that admitting privileges help to protect the health of women by ensuring that physicians who perform abortions meet a higher standard of competence than is shown by the mere possession of a license to practice.”

Alito also argued the ruling shifts the standard for regulations in favor of abortion providers, allowing them to say what counts as an undue burden.

There has been much debate about what regulations are “substantial obstacles” since the court established that standard in 1992 with Planned Parenthood vs. Casey. Many abortion rights advocates see all regulations as an undue burden. They argue the state laws are just back-door attempts to ban abortion.

During oral arguments, the attorney representing June Medical Services said that even if there was no evidence that the Louisiana law made it harder for a woman to get an abortion, the regulation should not be allowed unless it was shown it made a positive impact on women’s health.

Pro-life groups, on the other hand, have argued a state law should be allowed unless it prevents all or nearly all abortions from occurring. In a friend-of-the-court brief, Bopp argued that regulations are not substantial obstacles until they rise to the level of “absolute obstacles” and when a law incidentally increases the cost or decrease the availability of abortion that is not “undue as a matter of law.” He suggested the court clarify its standard, to say that a regulation is permissible unless it deprives women of abortion access “in a real sense” or is clearly “designed to strike at the right itself.”

Justice Clarence Thomas, in his dissent, said the debates about what regulations are acceptable do not go to the heart of the matter.

“Today’s decision is wrong for a far simpler reason,” he wrote. “The Constitution does not constrain the States’ ability to regulate or even prohibit abortion. This Court created the right to abortion based on an amorphous, unwritten right to privacy, which it grounded in the ‘legal fiction’ of substantive due process … the putative right to abortion is a creation that should be undone.”

The case has been seen by many as a proxy battle over abortion, despite the fact that the legal status of abortion wasn’t at issue and abortions would continue to happen, regardless of the court’s ruling.

The Billy Graham Evangelistic Association filed a brief with the court arguing the 14th Amendment’s guarantee of the right to legal due process should protect the unborn. “It is now well known that a unique human being, a person, begins life at conception,” the association’s lawyer wrote to the court. “That has been indisputably established scientifically since the early 1800s.”

On the other side, the representative for 28 pro-choice religious groups including the Methodist Federation for Social Action, Presbyterians Affirming Reproductive Choice, and the United Church of Christ, took the opportunity to argue for the importance of abortion access.

“Being forced to carry an unwanted pregnancy to term not only exposes a woman to greater health risks, but is also an affront to her right to decide whether to terminate a pregnancy, in accordance with her faith and values,” the lawyer wrote. “Religious commitments to the marginalized in our society, including poor women, women of color, rural women, young women, women in abusive relationships, and women unable to travel to obtain abortion care, add to these concerns.”

The court’s ruling does not address the personhood of the unborn, though. Nor did it challenge the question of a women’s right to access abortion.

At least one justice wonders whether any Supreme Court decision could get at the real issue dividing the nation and address the deep ideological conflict over abortion.

“I have read the briefs. I understand there are good arguments on both sides,” Breyer said during oral arguments in March. “Indeed, in the country people have very strong feelings and a lot of people morally think it’s wrong and a lot of people morally think the opposite is wrong. … I think personally the court is struggling with the problem of what kind of rule of law do you have in a country that contains both sorts of people.”


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Re: Late Term Abortion Law
« Reply #38 on: September 24, 2020, 02:05:31 pm »

https://www.christianitytoday.com/ct/2020/september-web-only/supreme-court-evangelical-issues-ruth-bader-ginsburg-trump.html








Why the Supreme Court Makeup Matters Beyond Abortion









Legal experts cite religious freedom and free speech among the major issues for evangelicals in a post–Ruth Bader Ginsburg court.


Last week’s death of Ruth Bader Ginsberg represents the third opportunity for President Donald Trump to nominate a Supreme Court justice.

A third of evangelicals by belief cited Supreme Court nominees and abortion stance as reasons for voting for Trump in 2016. Many evangelicals and pro-life Americans have celebrated the possibility that another conservative justice could shift the Court toward overturning Roe v. Wade and reshaping abortion law in the country. Yet the new makeup of the Court will address crucial issues for the church that extend far beyond abortion.

CT asked legal experts how a new Supreme Court appointment replacing Ginsburg stands to affect evangelicals outside of Roe v. Wade. Here are their responses, calling out issues such as religious freedom, racial equality, child protection, and free speech.

Barry P. McDonald, law professor at Pepperdine University:

As it stands, the Supreme Court is controlled by a majority of five solid conservative justices who either have a strong record of supporting religious freedom rights or give every indication that they will develop such a record. If President Trump succeeds in appointing Justice Ginsburg’s successor, that will likely add one more justice to this coalition. While an additional vote is not necessary to maintain this trend, it could prove important to religious freedom proponents in cases where Chief Justice John Roberts might moderate his vote in an attempt to shield the Court as an institution from charges that it has become too political and divisive (or where any conservative justice moderates his or her vote for whatever reason). This is most likely to occur in cases where religious beliefs might conflict with laws prohibiting discrimination on the basis of sexual and gender orientation. Indeed, both Roberts and Justice Neil Gorsuch recently alluded to such future contests in voting to interpret federal workplace laws as barring such discrimination.

Kim Colby, director of the Christian Legal Society’s Center of Law and Religious Freedom:
Justice Ginsburg’s replacement potentially could provide a more secure footing for our basic human right of religious freedom. In 27 years on the Supreme Court, Justice Ginsburg heard over 30 religious freedom cases. Unfortunately, her support for religious freedom was lackluster.

Justice Ginsburg previously voted in favor of religious schools’ freedom to choose their teachers but then voted against that right in a recent case. She voted once for—and three times against—robust application of the Religious Freedom Restoration Act. Her two votes in favor of prisoners’ religious freedom, as well as a Muslim employee’s right to wear a hijab, were commendable. But four times, she voted to uphold the government’s exclusion of religious speech from the public square.

Justice Ginsburg advanced a theory of the Establishment Clause that excluded religious students from government programs funding education. Several times she voted to remove religious symbols from public property. When comparing her votes in recent cases to votes by Justice Neil Gorsuch and Justice Brett Kavanaugh, the comparison suggests that someone nominated by President Trump likely will be a good steward of religious freedom.

Lynne Marie Kohm, law professor at Regent University:
Justice Ruth Bader Ginsburg’s replacement can make a dynamic difference for America’s children in three key cases—one past, one present, and one (hopefully) future.

Past: Transgender rights—Bostock v. Clayton County, Georgia. The Court held that firing an individual for being transgender violates Title VII. Ginsburg’s replacement could alter future transgender rulings, particularly as biological female athletes seek to protect their rights in girls’ sports.

Present: Foster care—Fulton v. Philadelphia. First Amendment rights of Christians who provide foster care are at stake as the Court soon determines whether the government can condition a religious agency’s ability to participate in the foster care system on practices that contradict its religious beliefs.

Future (hopefully): Child pornography. In 2002, Ashcroft v. Free Speech Coalition struck down two provisions of the Child Pornography Prevention Act of 1996 as overbroad, giving a tremendous win to the adult-entertainment industry. Child pornography has since proliferated. Children need protections that a Ginsburg replacement could help deliver.

Beyond Roe, American evangelicals want to see all children protected, born and unborn.

Thomas Berg, law professor at the University of St. Thomas:
One obvious evangelical priority for the Court’s new justice (beyond abortion) is religious freedom, which the Court already strongly supports. Majorities of 5–7 justices have protected religious schools’ right to hire the religion teachers they choose, employers’ right to object to covering employees’ contraception, and families’ right to choose religious schools for their children and still receive government educational assistance. Justice Ginsburg dissented from all those rights; the new nominee will strengthen them.

But the nominee should also be questioned about another priority: racial equality. Christians must care about this because racism denies that some fellow humans have their full God-given dignity. And justices should care because the Constitution’s Fourteenth Amendment was meant to eliminate practices that had kept black people constricted even after their formal enslavement ended. Republican appointees typically commit to enforcing a provision’s “original meaning.” The next justice should apply the amendment vigorously to racially unjust practices of our day.

Carl H. Esbeck, law professor emeritus at the University of Missouri:
Justice Ruth Bader Ginsburg was an effective legal activist, first for the ACLU and later as a high court justice. To admire her work depends on whether one believes the role of a judge is to align the law with one’s sense of justice or is it to subordinate the self to the nation’s organic documents and the rule of law. Unlike Justice Ginsburg, we can aspire to a successor who will interpret the US. Constitution in accord with the original meaning of the adopted text. I also hope for reconsideration of the free speech case of Hastings Chapter of the Christian Legal Society v. Martinez. Authored by Justice Ginsburg, this was a 5-4 decision denying student religious organizations access to meeting space at a state university campus without first agreeing that there be no qualification that the organization’s student officers and members conform to a statement of faith.

Rena M. Lindevaldsen, law professor at Liberty University:


Conservative justices view the Constitution as a source of, and limit on, their power, recognizing that the separation of powers best protects our God-given liberties and that the Constitution contains an amendment provision to make changes when necessary. Liberal justices circumvent that amendment provision and simply change or create law to suit what they believe the culture desires. But when those justices promote the “right” of people to do whatever pleases them amidst a culture that promotes “godlessness and wickedness” (Rom. 1:18), government punishes those who proclaim the unchanging truth of Scripture.

That punishment takes many forms, including firing employees who will not promote a particular agenda, arresting sidewalk counselors, singling out churches for censorship, labeling the truth of Scripture as hate speech, or stripping people of the right to self-defense against a despotic government. Appointing the right justice helps us, as Justice Scalia said, guard “against the black-robed supremacy.”

 

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