Monday, June 11, 2018

Two Recent Developments on the Pro-Life vs Abortion Battlefront


Two recent, bi-partisan, pro-life actions have occurred on the federal and state levels.

SCOTUS Won’t Declare ‘right’ to Abortion for Illegal Immigrants
Perhaps you missed the recent decision of the U.S. Supreme Court (SCOTUS).  SCOTUS tossed out a lower court ruling allowing a 17-year-old illegal immigrant in government custody to obtain an abortion despite the Trump Administration’s protests.  Even though the baby at the center of the case has already been aborted, the SCOTUS has prevented it from setting a legal precedent establishing a “right” to abortion for underage illegal immigrants.

“The Trump Administration deserved this victory in court, as they continue to create policies designed to support a pro-life culture in America, including defunding abortion-related policies,” said Kristan Hawkins, President of Students for Life of America.

The Trump Administration’s Health and Human Services (HHS) has been fighting efforts by the pro-abortion American Civil Liberties Union (ACLU) to force the government to facilitate abortions for illegal immigrant minors in its custody.  Pro-life advocates have called this an attempt at a “Roe v. Wade 2.0” … establishing a “right” to abortion on American soil for non-citizens.

“The ACLU, Planned Parenthood (PP) and others want to create Roe v. Wade 2.0, a ‘right’ to abortion for all who are on U.S. soil, which is not in the interests of our great nation,” said Hawkins.

By throwing out the past court ruling, even though the teen in question has already aborted her child, the justices “eliminated a precedent at the federal appeals court level that could have applied in similar circumstances in which detained minors sought abortions,” reported Reuters.  “In the unsigned opinion with no dissents, the justices threw out the appeals court decision on the grounds that the dispute became moot once the unnamed teenager had the abortion.”

The Trump Administration had asked the SCOTUS to “discipline” the ACLU lawyers behind the case for misleading them about the timeline of the teen’s abortion.  The SCOTUS declined to do that.

The “Court [did] not rule on the government’s request for sanctions against the ACLU attorneys,” wrote Amy Howe at SCOTUSblog as the decision came out.  She continued: “The Court makes clear that it takes these kinds of allegations by the government “seriously.”  “On the one hand,” the per curiam [Latin: by the court] opinion says, “all attorneys must remain aware of the principle that zealous advocacy does not displace their obligations as officers of the court.  Especially in fast-paced, emergency proceedings like those at issue here, it is critical that lawyers and courts alike be able to rely on one another’s representations.”  “On the other hand,” the court continues, “lawyers also have ethical obligations to their clients and not all communication breakdowns constitute misconduct.”

The ACLU said in a press release the “decision does not affect the ongoing-class action lawsuit challenging the government’s policy barring young immigrant women in government custody from getting abortions.”

Democrat LA Governor Signs Law Banning 15-Week Abortions
Louisiana (LA) Gov. John Bel Edwards, a Democrat, recently signed legislation banning abortions on babies 15-weeks or older, pending the outcome of a legal challenge.

The law, SB 181, would sentence any abortionist who commits an abortion beyond that date to a prison sentence of up to 10-years and a fine between $10,000-$100,000, though it expressly exempts the woman seeking the abortion from punishment.  The law does not contain an exception for babies conceived in rape, and only allows exceptions for abortions deemed necessary to save a woman’s life from physical danger.

Thanks to an amendment added by Republican Sen. Danny Martiny, SB 181 will not actually take effect unless and until federal courts uphold a similar 15-week ban Mississippi enacted in March.

Gov. Edwards has not yet released a statement on the law, but confirmed his decision to multiple media outlets through a spokesperson.

“We thank and commend our pro-life governor for signing this bill and once again taking a stand for life,” said Sen. John Milkovich, the bill’s sponsor and another pro-life Democrat. “This is an important step forward in Louisiana’s fight to protect the unborn.”

Seventeen states, including Louisiana, currently ban most abortions at 20-weeks, by which point medical evidence suggests babies can feel pain.  Only Iowa, which recently enacted a ban on abortion once a fetal heartbeat is detected, has stronger legal protection for the preborn.  That law is set to go into effect on July 1, but PP and the ACLU are challenging it.

“For us to rank at the top nationally among states who protect the lives of the unborn, I think that’s a harbinger of blessing for our state,” Milkovich added.

Abortion activists such as the left-wing group Lift Louisiana have condemned the law.  Pro-life lawmakers are urging state Attorney General Jeff Landry to file a legal brief on Mississippi’s behalf, to help ensure that Louisiana’s new law can begin protecting babies.

Rev. Dr. Kenneth L. Beale, Jr.
Chaplain (Colonel-Ret), U.S. Army
Pastor, Ft. Snelling Memorial Chapel

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