Wintery Knight

…integrating Christian faith and knowledge in the public square

Great news: Supreme Court declines to hear appeal of Texas ban on late-term abortions

Life News reports.

Excerpt:

Supreme Court Justice Antonin Scalia issued an opinion today indicating the Supreme Court will not get involved in a case out of Texas that has abortion facilities there appealing a law that has closed numerous abortion clinics that can’t protect women’s health.

In a big victory for pro-life advocates in Texas earlier this month, the Fifth Circuit Court of Appeals overturned Judge Lee Yeakel of the Western District Court in Austin and restored key portions of a pro-life law in Texas that will ultimately stop abortions and could close abortion clinics. Abortion clinics appealed that decision to the Supreme Court and Justice Scalia issued a ruling today saying the high court will not get involved.

“The underlying legal question — whether the new Texas statute is constitutional — is a difficult question. It is a question, I believe, that at least four members of this court will wish to consider irrespective of the 5th Circuit’s ultimate decision,” Justice Antonin Scalia wrote with Justices Clarence Thomas and Samuel Alito concurring. “I would maintain the status quo while the lower courts consider this difficult, sensitive, and controversial legal matter.”

The justices voted 5-4 to leave Texas’ pro-life provisions in place and the four Democrat-appointed pro-abortion justices all voted to overturn the pro-life measure. Justice Stephen Breyer write a dissenting opinion saying he expected the case to return to the Supreme Court.

Chief Justice John Roberts and Justice Anthony Kennedy did not join an opinion or write their own, but they sided with Scalia, Thomas and Alito.

So the pro-life side wins, for now. All five Republican-appointed judges sided with Texas. But that decision could change if we elect another Democrat to be President and the balance of the Supreme Court changes to be more pro-abortion. For example, Hillary Clinton is almost as pro-abortion as Obama is, and she would definitely appoint pro-abortion judges.

However there was some bad news in Texas to spoil the good news:

A grant from the Obama administration is allowing the Planned Parenthood abortion business to reopen a clinic in Texas it closed after the passage of new pro-life laws there.

Planned Parenthood has closed a number of clinics after Texas Governor Rick Perry signed into law a bill that bans abortions after 20 weeks and holds abortion facilities accountable for higher health and safety standards. Other clinics closed after Perry signed a bill to stop taxpayer funding for the abortion giant.

But now, thanks to federal funding, a Planned Parenthood clinic will reopen in Mission, Texas that has been closed for two years.

The Obama administration is the most radically pro-abortion we’ve ever had. They have no qualms at all about about using the tax dollars of pro-lifers to fund organizations that provide abortions.

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Texas judge rules that it is OK for Planned Parenthood to put women’s lives at risk

Some bad news from Life News.

Excerpt:

A Texas judge today issued an opinion striking down two parts of a Texas pro-life law that protects women from dangerous abortions.

The judge blocked part of the law that required its doctors to have the right to admit patients to local hospitals. Texas became one of several states that require abortion doctors to have admitting privileges at local hospitals so women can be treated when they are victimized by botched abortions.

The admitting privileges statute “does not bear a rational relationship to the legitimate right of the State in preserving and promoting fetal life or a woman’s health and, in any event, places a substantial obstacle in the path of a woman seeking an abortion of a nonviable fetus and is thus an undue burden to her,” Yeakel wrote. “The court concludes that admitting privileges have no rational relationship to improved patient care.”

[...]The judge also ruled that the part of the law that requires abortion businesses to follow FDA protocol, by only dispensing the dangerous RU 486 abortion drug in person, can apply except when the life or health of the mother is in danger — even though abortions routinely put women’s lives and health at risk.

Texas legislated in part because Planned Parenthood’s off-label usage of the drug led to numerous deaths and injuries to women.

The (Republican) Attorney General of Texas will appeal the decision.

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If you want to annoy the left, then raise your children to be like Texas senator Ted Cruz

Texas Republican senator Ted Cruz

Texas Republican senator Ted Cruz

Here’s a profile in National Review of my one of my favorite senators.

Excerpt:

The party’s highest-profile Texans, George W. Bush and Rick Perry, tended to match inarticulateness with cowboy swagger and lend themselves to mockery as intellectual lightweights. Bush went to Yale and Harvard Business School, yet no one naturally thinks of him as an Ivy Leaguer. The two Lone Star State governors played into the Left’s stereotypes so nicely that if they didn’t exist, the New York Times editorial board would have had to invent them.

Cruz is different — a Princeton and Harvard man who not only matriculated at those fine institutions but excelled at them. Champion debater at Princeton. Magna cum laude graduate at Harvard. Supreme Court clerkship, on the way to Texas solicitor general and dozens of cases before the U.S. Supreme Court.

Cruz is from the intellectual elite, but not of it, a tea-party conservative whose politics are considered gauche at best at the storied universities where he studied. He is, to borrow the words of the 2008 H.W. Brands biography of Franklin D. Roosevelt, a traitor to his class.

Democrats and liberal pundits would surely dislike Cruz no matter where he went to school, but his pedigree adds an element of shocked disbelief to the disdain. “Princeton and Harvard should be disgraced,” former Pennsylvania governor Ed Rendell exclaimed on MSNBC, as if graduating a constitutionalist conservative who rises to national prominence is a violation of the schools’ mission statements.

[...]In a Washington Post column a year ago, Dana Milbank noted Cruz’s schooling and concluded that his tea-party politics must be a put-on, that he is, underneath it all, an “intellectually curious, liberal-arts conservative.” Note the insulting assumption that an interest in books and ideas immunizes someone from a certain kind of conservative politics.

One of the Left’s deepest prejudices is that its opponents are stupid, and Cruz tramples on it. At hearings, Cruz has the prosecutorial instincts of a . . . Harvard-trained lawyer. Watching Attorney General Eric Holder try to fend off Cruz’s questioning on the administration’s drone policy a few months ago was like seeing a mouse cornered by a very large cat.

Cruz hasn’t played by the Senate rules that freshmen should initially be seen and not heard. In fact, he joined the upper chamber with all the subtlety of a SWAT team knocking down a drug suspect’s front door.

For people who care about such things — almost all of them are senators — this is an unforgivable offense. At another hearing, as Cruz says that the highest commitment of senators should be to the Constitution, another senator can be heard muttering that he doesn’t like being lectured. Chairman Pat Leahy (probably the mutterer) eventually cuts him off and informs him he hasn’t been in the Senate very long.

Cruz lacks all defensiveness about his positions, another source of annoyance to his opponents, who are used to donning the mantle of both intellectual and moral superiority.

And here’s a quick review of where Ted Cruz came from:

Rafael Cruz, the father of Texas Sen. Ted Cruz, invigorated the crowd during tonight’s FreedomWorks Free the People event.

Describing his own personal journey escaping Cuba and working hard to build a life for himself in the U.S., the elder Cruz noted comparisons that he believes exist between Fidel Castro’s governance and President Barack Obama’s executive actions.

Upon rising to power, he said that Castro, like Obama, spoke about hope and change. While the message sounded good at the time, it didn’t take long for socialism to take root in his home country. And he paid the price.

For his part in the revolution — one that many originally assumed would yield a more vibrant country — Cruz was punished while in Cuba.

“I was in prison,” he said. “I was tortured, but by the grace of God I was able to leave Cuba on a student VISA and came to the greatest country on the face of the earth.”

Cruz described his efforts working as a dishwasher in America and paying his own way through the University of Texas. From there, he built a life for himself — one that was filled with experiences that caused him to greatly appreciate the country that had given him so much.

His plight in Cuba colored his American experience

“You can’t understand a loss of rights unless you’ve experienced it,” Cruz told TheBlaze following the speech.

His unique perspective leaves Cruz with the ability, he argues, to see the troubling signs surrounding socialism. Young people in America today, he told TheBlaze, take for granted the rights and privileges that the U.S. has afforded them.

Fascinating.

Now people always complain when I say that I am trying to find a wife with the background, education, experience and temperment to raise effective, influential children. I have a whole list of influential people I want to clone, in fact. I want a William Lane Craig, a Wayne Grudem, a Michael Licona, a Guillermo Gonzales, an Ann Gauger, a Jennifer Roback Morse, a Scott Klusendorf, a Mark Regnerus, and… a Ted Cruz. And I’ve saved the money to be able to get at least a few of those, too. The truth is that I had some of the experiences that Cruz’s father had, and if he can make a Ted Cruz, then so should I be able to. They have to come from somewhere!

Now of course it’s hard to guarantee outcomes when it comes to raising children, but there are some things you can prepare for. You can study things you hate that are hard, and save your money for Ph.D tuition. You can go to grad school yourself and publish research. You can look for a wife who shows the ability to nurture people so that they get better and rise higher. And maybe, you might just raise the next Ted Cruz. I think the old adage “if you aim at nothing, then you will surely hit it” is a good saying for marriage. If you are going to put hundreds of thousands of dollars and decades of your life into a marriage, then you should aim at something. You might hit it. You’re not just there to make another person feel good – you’re there to make the marriage serve God. Raising influential, effective children is one way of doing that. But it doesn’t happen by accident. And it isn’t necessarily going to be “fun”.

By the way, my Canadian readers might like to know that Cruz was born in Calgary, Alberta – the most conservative city in Canada. And it shows. You guys up north still have your Stephen Harper and your Ezra Levant, but we took your Ted Cruz and your Mark Steyn. We need them more than you do!

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Wendy Davis can’t explain how Gosnell murders and late-term abortions differ

The Weekly Standard asked Texas state senator Wendy Davis about her filibuster of the ban on abortions after 20 weeks.

Excerpt:

Texas state senator Wendy Davis spoke at the National Press Club in Washington, D.C. Monday afternoon about her 13-hour filibuster of a bill limiting late-term abortion, her life story, and her future in politics.

Davis has become a champion for pro-choice activists, but during her recent whirlwind national media tour, she never commented on late-term abortion doctor Kermit Gosnell, who was convicted of murder in May for killing infants moments after they were born.

Following her Press Club speech on Monday, THE WEEKLY STANDARD asked Davis to explain the difference between the late-term abortions that the Texas state senator wants to keep legal and the illegal Gosnell killings.

Davis didn’t answer the question. “I don’t know what happened in the Gosnell case,” she told me.

THE WEEKLY STANDARD: The supporters of these bans, they argue that there really isn’t much of a difference between what happened in that Philadelphia case with abortion doctor Kermit Gosnell [killing born-alive infants] 23 weeks into pregnancy and legal late-term abortions at 23 weeks. What is the difference between those two, between legal abortion at 23 weeks and what Gosnell did? Do you see a distinction between those two [acts]?

SEN. WENDY DAVIS: I don’t know what happened in the Gosnell case. But I do know that it happened in an ambulatory surgical center. And in Texas changing our clinics to that standard obviously isn’t going to make a difference. The state of the law obviously has to assure that doctors are providing safe procedures for women and that proper oversight by the health and human services department is being given. It sounds as though there was a huge gap in that oversight, and no one can defend that. But that’s not the landscape of what’s happening in Texas.

In June, House Democratic leader Nancy Pelosi was similarly unable to explain the difference between the Gosnell murders and late-term abortions. Planned Parenthood president Cecile Richards ducked the question in July.

Polls have consistently shown that solid majorities of Americans, including women, support banning most abortions that occur later than 20 weeks after conception.

Asked what she thinks of polls showing women support limiting abortion after 20 weeks of pregnancy, Davis told me that people “don’t really understand” the issue.

I actually think that it’s pro-abortion people like Nancy Pelosi and Wendy Davis, and their media sycophants, who don’t understand abortion.

Here is the ignorance again, this time on Jezebel, a radical feminist web site, as reported by the American Spectator.

Excerpt: (links removed)

Other examples include a Jezebel article that declares “the concept of fetal pain is bullshit.” It’s a fascinating piece, full of superfluous nicknames and profanities, centered on the astounding assertion that “there’s no evidence that nonviable fetal pain is a thing.” Even more fascinating, however, is that the author, Katie J.M. Baker, doesn’t cite one ounce of scientific evidence to support her claim. Instead, she awkwardly transitions into an incoherent rant against Republicans.

But despite the left’s panic, there is a strong case to be made that unborn children feel pain by 20 weeks.

In a 1999 article published in the British Journal of Obstetrics and Gynaecology, Dr. Vivette Glover and Dr. Nicholas M. Fisk explain a key fact:

The most important evidence [of fetal pain] is anatomical. For the fetus to feel pain, it is necessary for the requisite nociceptive pathways to be developed. This involves neural connections between peripheral receptors and the spinal cord, upward transmission via the spinal cord to the thalamus, and from there to the outer cerebral layers.

Among the scientific jargon lies a key word – “nociception,” which has to do with nociceptive neurons. These “generate trains of action potentials in response to painful stimuli, and the frequency of firing signals the intensity of the pain.” In other words, they are what make pain painful. Glover and Fisk say that “most incoming pathways, including nociceptive ones, are routed through the thalamus and, as stated above, penetrate the subplate zone from about 17 weeks” into a pregnancy.

Now it’s true we might never know for sure exactly when an unborn child feels pain and to what extent. But Glover, Fisk, and others conclude that it is very possible pain is felt by at least 20 weeks. “Given the anatomical evidence, it is possible that the fetus can feel pain from 20 weeks and is caused distress by interventions from as early as 15 or 16 weeks. This sets a limit to the earliest stage that analgesia might be considered,” according to Glover and Fisk. They don’t suggest that abortions should cease, but instead recommend that painkillers be administered to children about to be aborted.

Pro-lifers are very familiar with what a baby can do at all stages of development. We have to be, because we have to be able to debate this issue using the real evidence. We are also the ones who push for informed consent and mandatory ultrasound, whereas the other side opposes both of those. Why is that? It’s because the pro-life side has the evidence and pushes it, whereas the pro-abortion side tries to hide the evidence and appeal to feelings. Abortion supporters don’t know, and they don’t want anyone to know. Their embrace of abortion depends on their not knowing the truth.

Pro-lifer Amy Hall tweeted about an editorial from CNN that makes this point about willful ignorance. The author writes that pro-lifers want to ban abortion after 20 weeks in order to protect unborn children who have a heart beat. Huh? Unborn babies have a heart beat at week 6, according to the well-respected Mayo Clinic. That means that the CNN journalist was off by 14 weeks in her statement.  That’s the level of knowledge that you have on the other side of the abortion debate. It’s a self-serving ignorance designed to give them maximum autonomy and maximum irresponsibility.

For myself, I think that I’ll continue to look up to  pro-life women like Jaime Herrera Beutler and Michele Bachmann. They get it.

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Pro-abortion thugs in Texas planned to attack legislators with urine and feces

The UK Daily Mail reports.

Excerpt:

The Texas Senate has given its initial approval for sweeping abortion restrictions late on Friday, sending them to Republican Governor Rick Perry to sign into law after weeks of protests and rallies that drew thousands of people to the Capitol and made the state the focus of the national abortion debate.

Republicans used their large majority in the Texas Legislature to pass the Bill nearly three weeks after a filibuster by Democratic Senator Wendy Davis and an outburst by abortion-rights activists in the Senate gallery disrupted a deadline vote on June 25.

As protesters came to the Capitol building in Austin on Friday, bottles of urine and feces, and even tampons were confiscated by state troopers as they tried to prevent anything from disrupting the debate.

[...]Those attending the debate were searched, and any item that could potentially be thrown from the gallery, including tampons, were confiscated, according to the Washington Post.

A senator later stopped security officials confiscating tampons, calling the move ‘bone headed’.

However, Texas Department of Public Safety officers were reported to have found one jar suspected to contain urine, 18 jars suspected of holding feces and three jars suspected to contain paint.

Four women who tried to chain themselves to a railing in the gallery were also arrested and a ten-minute break had to be called when another woman managed to chain herself to the railing.

The Senate’s leader, Lieutenant Governor David Dewhurst told officers to remove a group of protesters who started chanting ‘Give choice a chance’ as the debate resumed.

Outside the chamber, the crowd grew so loud that troopers were being issued earplugs, as protesters shouted ‘Shame! Shame! Shame!’ as senators gave their closing statements.

A recent poll found that the bill has the support of the American public.

Excerpt:

Most Americans would favor sweeping new national restrictions on abortion after the 20th week of pregnancy, according to a new HuffPost/YouGov poll. But the poll also shows many Americans remain conflicted in their views on abortion.

By a margin of 59 percent to 30 percent, respondents to the new poll said they would favor a federal law banning abortion after 20 weeks of pregnancy.

And that’s exactly what the Texas law does.

Isn’t it amazing that pro-abortion activists would be against such a common-sense bill restricting abortions on viable unborn children? (And chant “Hail, Satan” in order to disrupt legislators!)

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