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Old 06-28-2016, 02:34 PM
 
Location: the very edge of the continent
88,971 posts, read 44,788,307 times
Reputation: 13681

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Quote:
Originally Posted by DC at the Ridge View Post
And that law hasn't gone anywhere.
Sure it has. Abortion centers in Texas can again now perform surgical abortions in facilities unlicensed for ambulatory surgery.

That makes women 2nd class citizens in regards to their gender-specific health care needs, and violates the Constitution's equal protection clause.
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Old 06-28-2016, 02:36 PM
 
42,732 posts, read 29,864,851 times
Reputation: 14345
Quote:
Originally Posted by OICU812 View Post
Where does the the Constitution concern itself with the equal rights of medial procedures?

It's unconstitutional to write laws ensuring better health care for one medical procedure, and not addressing all medical procedures simultaneously?

The Constitution says it's illegal to address medical procedures in a peace meal fashion? Because you have to write laws for all medical procedures, at the same time?
It doesn't. It concerns itself with the equal rights of the citizens of the United States. If a law's purpose is to restrict access to medical procedures that are enjoyed only by women, then the law is restricting the rights of women versus the general population.
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Old 06-28-2016, 02:42 PM
 
Location: Austin TX
11,027 posts, read 6,502,952 times
Reputation: 13259
Quote:
Originally Posted by InformedConsent View Post
Sure it has. Abortion centers in Texas can again now perform surgical abortions in facilities unlicensed for ambulatory surgery.

That makes women 2nd class citizens in regards to their gender-specific health care needs, and violates the Constitution's equal protection clause.
By golly it's amazing that you have time to spend here in addition to serving as an esteemed scolar of law. Why aren't *you* on the SC bench?

lulz.
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Old 06-28-2016, 02:43 PM
 
23,654 posts, read 17,503,740 times
Reputation: 7472
Quote:
Originally Posted by JAMS14 View Post
Texas is a joke. They are attempting to take rights away from the women in their state. They deserve all the derision they get heaped on them.

But women going in for an abortion don't, saying they were knocked up. Very telling on how society sees women.
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Old 06-28-2016, 02:49 PM
 
23,654 posts, read 17,503,740 times
Reputation: 7472
If I knew the doctor who was going to do a colonoscopy on me had no hospital admitting privileges I would never go to him. Sometimes they put a hole in the intestines. No way would that doctor lay hands on me with his surgical equipment.

Hopefully, women who go for abortions will have the same thoughts before letting anyone risk their health like that.
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Old 06-28-2016, 02:53 PM
 
11,186 posts, read 6,501,935 times
Reputation: 4622
Quote:
Originally Posted by DC at the Ridge View Post
The Constitution dictates that the application of laws be equal and just. If the state laws governing the operation of medical facilities aren't equal, for instance they target medical facilities that primarily serve women while not imposing equal requirements on facilities that serve men or the general population as a whole, then the law is not equal or just.
If your argument made any sense at all, I'm sure the plaintiffs would have argued a violation of the equal protection clause. They didn't and you don't.
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Old 06-28-2016, 03:22 PM
 
Location: Houston
5,993 posts, read 3,732,017 times
Reputation: 4160
It's so funny to sit here and read the comments from the anti abortion crowd claiming that they suddenly have this profound interest in women's safety while undergoing a routine outpatient procedure.

Janelle,
Being the avid anti abortionist you are, what would your reaction have been if the court had upheld this law? Would you be celebrating the fact that (according to you and IC at least) women would now have higher safety standards in place for getting a routine outpatient procedure or would you be celebrating the fact that abortions would be significantly more difficult to obtain? Be honest and pick only one. I'm curious.
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Old 06-28-2016, 03:29 PM
 
42,732 posts, read 29,864,851 times
Reputation: 14345
Quote:
Originally Posted by jazzarama View Post
If your argument made any sense at all, I'm sure the plaintiffs would have argued a violation of the equal protection clause. They didn't and you don't.
Because undue burden has nothing to do with equal protection? Right.....
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Old 06-28-2016, 03:30 PM
 
Location: New Jersey
12,755 posts, read 9,642,888 times
Reputation: 13169
Quote:
Originally Posted by InformedConsent View Post
Because surgical abortions were being performed in doctor's offices which were unlicensed to perform ambulatory surgery.
Why weren't abortion clinics included in any and all laws that applied to ambulatory surgery centers?

Was it because abortion clinics were just recently categorized (by law) as being ASCs? If abortion clinics were not considered ACSs' since 1973, why would they be considered as them now? That was just another way Texas tried to shut them down.

Along with the regulation that the buildings only be one storey.
Along with the regulation that the buildings have enough parking spaces for X number of vehicles.
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Old 06-28-2016, 03:36 PM
 
Location: Home is Where You Park It
23,856 posts, read 13,735,298 times
Reputation: 15482
Quote:
Originally Posted by OICU812 View Post
Where does the the Constitution concern itself with the equal rights of medial procedures?

It's unconstitutional to write laws ensuring better health care for one medical procedure, and not addressing all medical procedures simultaneously?

The Constitution says it's illegal to address medical procedures in a peace meal fashion? Because you have to write laws for all medical procedures, at the same time?
In Roe v Wade, SCOTUS ruled that women have a constitutional right to abortion.

In this case, SCOTUS ruled that Texas had imposed such an onerous regulatory scheme that it unduly interfered with that constitutional right.

Similar arguments are made regarding gun ownership, it shouldn't be too difficult to understand the principle.
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