A federal court just acknowledged a truth that the anti-abortion movement desperately wants to hide.
When the Supreme Court overturned Roe v. Wade, it claimed to be removing the judiciary from the abortion debate. In reality, it simply gave the courts a macabre new task: deciding how far states can push a patient toward death before allowing her to undergo an emergency abortion.
On Tuesday, the U.S. Court of Appeals for the 5th Circuit offered its own answer, declaring that Texas may prohibit hospitals from providing “stabilizing treatment” to pregnant patients by performing an abortion—withholding the procedure until their condition deteriorates to the point of grievous injury or near-certain death.
The ruling proves what we already know: Roe’s demise has transformed the judiciary into a kind of death panel that holds the power to elevate the potential life of a fetus over the actual life of a patient.
a kind of death panel that holds the power to elevate the potential life of a fetus over the actual life of a patient.
Except it is every clear that they don't care about the life of the fetus either since the publicized cases pretty much all involve a fetus that would die within hours of birth.
Something needs to be done about the 5th circuit. They routinely make decisions that are directly counter to established law and the Constitution itself.
I remember going through Roe v. Wade in law school and thinking how shaky the legal foundation was. This is a great case study of why we need to formally adopt laws in congress and not just rely on the whims of the court.
I remember how US conserves would look at euthanasia laws in the Netherlands and falsely claim that there are death panels there who decide when you will die.
Turns out they weren't just only lying, they were fantasizing
I'm so glad I got my tubes removed when I did, because there's a long waitlist now. My sister just gave birth and had severe complications ... I cannot imagine if we had lost her over a law like this. It sounds harsh, but you can always make another baby if the uterus is saved (or adopt one of the hundreds of thousands of orphans in the USA).
withholding the procedure until their condition deteriorates to the point of grievous injury or near-certain death.
Where an individual reasonably believes an attacker poses a credible, criminal, imminent, threat of death or grievous bodily harm, any person is justified in using any level of force - up to and including lethal force - necessary to stop the attack.
If the claims made in this article are accurate (and they very well might not be), then In setting the standard of care at the point where a person reasonably fears "grievous injury or near-certain death", the courts may have inadvertently justified the use of force in self-defense and/or defense of others against any executive using the power of their office to attack an individual.
This is going to put a lot of doctors and medical people in a dangerous spot.
Good luck hiding behind laws when you have a distraught husband who has just watched his wife, and the child he hoped to soon meet, die slowly and horribly.
But it's also illegal for our hypothetical heartbroken and angry husband to beat a doctor to death, or just shoot them because texas, right? That makes it all better I'm sure.
Roe’s demise has transformed the judiciary into a kind of death panel that holds the power to elevate the potential life of a fetus over the actual life of a patient.
I don't see this as shocking? Courts have had the power of life or death since, you know, the death penalty.
with a conservative anti-abortion Catholic Biden at the helm who supports state's rights and an upcoming election with two people whose job performance as president was on par with each other even mirroring at times (not fulfilling campaign promises, finishing their presidency with a country worse off than when they got in, etcetera) we are really screwed
next news story is going to be how we removed the presidential term limits and will have the same two on the ballot depending on the state you live until the two candidates expire