They’re coming for your rights

Abortion-Rights-02But then, isn’t that always the way of things?

Some members of the GOP are pushing a 20-week abortion plan — HR 36 — that is about as unconstitutional as it gets. Here’s an explanation about why this proposed ban runs counter to the law.  From RH Reality Check:

That’s the central holding of Roe. You have the right to an abortion if the fetus isn’t viable. After viability, however, states can ban abortion, as long as those bans contain a health exception.

Even though the Court in Roe decided that fetal viability would be the benchmark for the balance between a person’s right to choose and the state’s interest in “potential life,” the Court was silent on when fetal viability occurs. It left that decision up to doctors. (It is widely cited to occur around 22-24 weeks.)

And so it has been for 40 years. This constitutional principle has been repeated over and over, and the Supreme Court and lower federal courts have never strayed from it.

Here. You can read H.R. 36 for yourself. And thanks, Leftover, for the links.

 

Published by datingjesus

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1 Comment

  1. One of the most egregious facets…in a host of egregious facets…found in this bill is the criminal penalty…federal prison for up to 5 years…for being found in violation of being…essentially…a doctor.

    The Hill reports Obama has again pledged to veto the bill based on “a harsh burden to survivors of sexual assault, rape and incest” that remains in the new and improved version passed by the House yesterday. (Nothing on any Administration position on the SCIENCE! controversy, which reanimated Congressional efforts for a 20-week ban, or the draconian criminal penalties.) But I’m not buying it. “Strong opposition” is not a veto threat. By the sounds of it, if the “harsh burden” provisions were suitably altered or abandoned in a Senate version, and if the House reconciled, the bill could still become law. It’s already law, in one version or another, in 11 States.

    Proponents of the ban want a SCOTUS ruling. Obama’s going to need help with pushing through the TTP. Obama’s going to need help…again… with a budget his Party can sell to the American public.

    But…you know…it’s not like women’s issues have ever been sacrificed for political expediency in the past…or anything………

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