FETAL DISMEMBERMENT: Texas Court Upholds Pro-Life Law … Sets Up Potential SCOTUS Clash

Written by Wes Walker on August 20, 2021

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A law was passed in Texas back in 2017 that has never yet been enforced… because the subject matter is hotly contested. With the court’s ruling to uphold this Pro-life law, will it be appealed to SCOTUS?

Democrats, and other anti-life advocates (a term that is only fair, since their side can be permitted to frame Pro-Life advocates as ‘anti-choice’), would have the public believe that ‘heartless Republicans’ are looking for ways to thwart women from having their basic health needs met.

They are counting on the public not reading the fine print. This law does not outlaw abortion itself, it outlaws a specific KIND of abortion. It outlaws an unborn child old enough to have a heartbeat and brain waves to be torn limb from limb with surgical tools while (some argue) he or she is still able to experience pain.

The law now on the books simply requires that you don’t rip an unborn baby apart while it’s still alive, requiring that abortion practitioners first end the child’s life through (slightly) less brutal means, whether a drug or a suction procedure to put an end to the suffering before the fetal cadaver is ripped apart.

It’s a very specific law, directed offering at least some small measure of mercy to a doomed and possibly pain-capable child who will never see the light of day. Naturally, anti-life activists opposed such mercy as being inconvenient for their business model.

Abortion rights advocates argued that the law, known as SB8 in court records, effectively outlaws what is often the safest method of abortion for women in the second trimester of pregnancy — a procedure medically known as dilation and evacuation.

…A three-judge panel of the 5th U.S. Circuit Court of Appeals blocked enforcement of the law last year. But Texas sought, and was granted a re-hearing by the full court.

A majority among the 14 appellate judges who heard arguments in January (three of the court’s 17 active judges were recused) sided with Texas. —CBS DFW

The counter-argument is that this kind of abortion — dilation and evacuation — is the safest and most common kind of abortion. No aborted fetuses were available for comment about their opinion of the safety of this method.

Alliance Defending Freedom Legal Counsel Elissa Graves released the following statement on the matter:

“Texas has the right to respect the life of unborn children, and it did so when it chose to strictly limit the gruesome procedure of dismemberment abortions. The 5th Circuit was on solid ground to reverse the lower court’s decision striking down the law, finding that ‘the district court committed numerous, reversible legal and factual errors.’ What the Texas law, SB 8, forbids is causing an unborn child’s death by ‘corporal dismemberment,’ in which the child dies ‘by bleeding to death as his or her body is torn apart.’ SB 8 prohibits the use of this grisly and unnecessary method before the death of the unborn child. The law is both humane and constitutional. As the 5th Circuit rightly found, the abortionists who filed this lawsuit ‘have utterly failed to carry their heavy burden of showing that SB8 imposes an undue burden on a large fraction of women in the relevant circumstances.”–CBS DFW

Since it is unlikely that Planned Parenthood would take this without a fight, we can expect the other side to appeal. The question is, will SCOTUS take the case, or will this law stand as is?

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