Babies Win in Texas For Now
This is a transcript from my radio show. You can subscribe here for premium content for only $7/month or $70/year. Also, if you missed my interview with Joshua Youssef from Help The Persecuted, you need to listen to it.
Let me explain the Texas law. It is the Texas Heartbeat Act. The case is Whole Women's Health versus Jackson. The abortion providers in Texas sued a Texas judge and county court clerk and others in an attempt to cast as wide of a net as possible to challenge the Texas Fetal Heartbeat Law that bans abortion when a fetal heartbeat is detected. The defendants filed a motion to dismiss the case. It was denied. They appealed to the Fifth Circuit Court of Appeals. The Fifth Circuit denied the abortion providers' request to hold a quick hearing on the law before it could take effect. The result is that they had to file an emergency application with Sam Alito. Sam Alito chose to do nothing. The result is that the Texas law goes into effect. There will be court hearings. I'm sure a progressive judge will issue an injunction of some kind. But right now in Texas, abortions must cease when a child's heart develops in utero.
Now, a bunch of states have these bills. They've been blocked by courts. Georgia, where I am, passed a fetal heartbeat bill. A federal judge blocked it. I'm reading now from the ERLC, the Ethics Religious Liberty Commission Explainer.
"The Texas law takes a novel legal approach to limit abortions by taking enforcement of the measure exclusively through private civil actions. Essentially, the law allows any private citizen to bring a civil lawsuit against any individual who performs or induces an abortion or knowingly engages in conduct that aids or abets an abortion, including the payment for and reimbursement of the costs for an abortion. Individuals who prevail in their lawsuit will be awarded statutory damages in the amount of not less than $10,000."
The bill does not punish women who obtain abortions. It goes after those who provide assistance in the abortion. Now, the Supreme Court agreed to hear a challenge to Mississippi's ban on abortions at 15 weeks. The case is Dobbs versus Jackson Women's Health Organization. Mississippi has asked the court to completely overturn Roe versus Wade and Planned Parenthood versus Casey, decisions that they protected abortion. The court's decision to not intervene in this instance, where a state law circumvents Roe v Wade, could be seen as an indication of where the court is going to head. There are challenges to SBA that are actually working through the court system.
Here is my bottom line here. I think the Texas law will eventually be stopped by judges. I think that the law will be declared unconstitutional by a Supreme Court majority that will include Breyer, Sotomayor, Kagan, Roberts, and Kavanaugh.
I do not think the six members of the Supreme Court, all of whom by the way are pro-life. John Roberts is pro-life. John Robert's wife works for a pro-life organization, but John Roberts believes he has an interest in protecting the reputation of the Court and will not overturn Roe vs. Wade. He will allow nibbles at the edges of it until it collapses of its own weight. Brett Kavanaugh is an institutionalist. He'll want to protect the court. Maybe I'll be delightfully surprised in this, but I have a hard time seeing it.
But it's a good day if you're pro-life. The court won't block the law from going into effect. Now, what will happen though is because it's private litigation, there will not be cases that come out of it thus far. And that is one of the issues here, is there are no people out there trying to find, sue, and deter abortionists in Texas. Those cases don't exist. So, the law itself may be on the books, but there's actually no one affected by the law yet, until such cases come forward. At that point, I do think you'll immediately see federal judges spring into action. Pro-lifers are having a good day. If anything, we're having a good day laughing about the other side. But the reality is that I don't think the Supreme Court upholds this law. I don't think the Supreme Court upholds the Mississippi law. I think what the Supreme court will probably do is allow some additional carve-outs at abortion as they further erode the abortion right.
But what happens if Roe versus Wade goes away? Have you ever wondered what happens if the Supreme Court tomorrow said, “You know what? Planned Parenthood versus Casey and Roe V Wade are unconstitutional. They were badly decided. We reject them.” Do you have any idea what would happen? If you listen to the left, it would suddenly be the rise of the Handmaid's Tale. It's kind of ironic. Joe Biden has just allowed the Taliban to impose the Handmaid's Tale on Afghanistan, and the left is set on fire in hysterics over Texas and the Handmaid's Tale, which is not true.
Do you know what would happen if Roe V Wade were overturned? Each state would decide. Abortion in the United States of America would not suddenly be banned in the 50 states. Each state would decide. And if your state were pro-life, then your state could ban abortion. If your state were pro-abortion, your state could have abortions. Some states like Connecticut have already amended their state constitutions to say abortion is a constitutional right of the state.
So, if Roe V Wade and Casey were gone tomorrow, you would not have this dystopian society where we actually have to deal with the responsibility of bearing children, oh, God forbid. No, no. You could still wantonly murder your kids if Roe and Casey went away tomorrow. And let's just be honest here. We dance around abortion. Abortion is a euphemism for murdering your children. And you'd be able to murder your kids tomorrow, as long as they're still in utero, if they went away, in some states. And other states would have to pass laws to prohibit it.
Here's the irony of all of this. And I hate to be cynical, but I've been around the block enough on this issue to know what would happen, is there are a lot of states, like Georgia where I am, that passed a fetal heartbeat ban, that if a fetal heartbeat is detected, then you can't perform abortions. And let's just be really, really honest here. If Roe versus Wade were not the law of the land, that law would have never passed in Georgia. The only reason some of the Republicans in the state legislature supported passing a fetal heartbeat piece of legislation is because they knew it would be declared unconstitutional, so they could get the performance for conservatives without actually having to live up to it.
It's not just Georgia. Around the country, a lot of pro-life Republicans are perfectly happy to allow abortions. They just know they couldn't get elected, and so they got to head pat people and say, hey, let's do this. And wink, wink, nod, nod, we're going to let the court declare it unconstitutional. So, we can do the dog and pony show for you because we're not going to get lit up by the left. We're perfectly safe from the left. We're just not safe from you wackadoos on the right who are actually really pro-life. So, we'll give you what you want knowing it's not going to do any good. It's all performance.
I had a friend of mine, I've told you all this story before, back in the day, when Barbara Boxer was in the US Senate, she said she would like to go visit Barbara Boxer because they agreed on nothing and they got along really well. Barbara Boxer never tried to pat her on the head. She said they treated each other respectfully though they disagreed on issues. They occasionally found common ground on adoption and other issues, but that Barbara Boxer was vehemently pro-abortion in all cases, pretty much until you got the child out of the hospital.
So, they knew that there was no reason to have that discussion. So this friend of mine who ran a pro-life organization for years in Washington said, she'd go to Republicans and they would pat her on the head and say, "Yeah, baby girl, we're going to give you what you want. I do declare. I am so pro-life. I love them babies, and I kiss them all the time, and we will ban abortion. We will ban funding for Planned Parenthood."
And they never did. They lied to her face. Gave her a pat on the head. "We going to ban abortion, but you got to get me re-elected. You send me money. You endorse me. You tell those people how pro-life I am and I'll prove it to you when I'm re-elected, next time."
She got played all the time by the Republicans. That's the reality. The worst thing that would ever happen to the Republican party is if Roe V Wade went away. It would be the greatest thing to happen for kids, but there would be a lot of states with a lot of pro-life legislators who you would realize never really were to begin with.
Our Supreme Court, though, in this case, I don't think they're going to get rid of Roe V Wade. I suspect they're actually going to block the Texas Heartbeat legislation eventually, just not immediately. Last week, the editorial pundits of the press told the Supreme Court, "Stop using the Shadow docket." So, Sam Alito stopped using the Shadow docket, and now they're mad at him for not using the Shadow docket.
The Shadow docket is when cases go before the court. The court's in recess. There isn't time to argue. Individual justices can make decisions or refer to the full court, and they can make decisions even though they're out of session. So for example, the eviction moratorium went to the Supreme Court very rapidly on the Shadow docket. It wasn't argued before the court. They dealt with it behind the scenes. They ruled it unconstitutional, and the press are like, "Stop doing this. Stop doing this." So they stopped, and now the press is mad at them for doing exactly what the press told them to do.
But today, today friends, today children in the womb in Texas will not be murdered.