Ethics & Religion
March 3, 2016
Abortion Case in Supreme Court
Column #1,801
By Mike McManus

The most important abortion case in two decades was argued this week before the Supreme Court. Eight justices heard a case on Wednesday challenging a Texas law to require that doctors performing abortions have admitting privileges at a hospital within 30 miles and that the abortion clinics meet the standards of ambulatory surgical centers.

The case is Whole Women's Health v. John Hellerstedt, Commissioner of Texas Department of State Health Services.

Arina Grossu, Director of the Family Research Council's Center for Human Dignity, argues, "The need to regulate abortion facilities is necessary to protect women against cut-and-run abortionists at shoddy abortion facilities. Mandating basic sanitary and mobility standards within abortion centers and then requiring governmental oversight of them is plain commonsense."

Nationally, up to 26,500 women experienced complications from an abortion and approximately 3,180 required hospitalization in 2011 for first trimester abortions alone.

In fact, Planned Parenthood conceded in this case that 210 Texas women had to be hospitalized after damages to their health from an abortion. Operation Rescue estimates that the figure is higher - closer to 1,000 hospitalized after complications from an abortion. There was one such case in Dallas just this week.

Therefore, why isn't it reasonable that physicians performing abortions have admitting privileges at a hospital within 30 miles of the abortion clinic? Ideally, the doctor would travel with the injured patient to the hospital to explain what had gone amiss.

Sadly, that is unheard of. The abortionist simply goes on to his next abortion. So abortionists ask why they should have admitting privileges at a hospital?

However, the National Abortion Federation recommended in its publication, "Having an Abortion? Your Guide To Good Care" (2000), that "in the case of emergency, the doctor should be able to admit patients to a nearby hospital (no more than 20 minutes away)."

An amicus brief filed in this case by a coalition of religious organizations cited the publication, noting "This requirement proposed by the industry's own trade association is more rigorous than Texas' requirement."

A second requirement of the Texas law before the Court is that an abortion clinic meet health and safety standards that are currently applied to ambulatory surgical centers. These regulations are designed to safeguard against unsanitary conditions, inferior equipment and the employment of unsuitable and untrained personnel in abortion facilities.

Opponents argued that the regulations have resulted in more than half of the state's 41 abortion clinics deciding to close rather than meet the standards. To abortion opponents that is a victory which will result in fewer women getting abortions.

There will still be an abortion clinic in all major cities, and within 150 miles of 90 percent of the Texas population.

Over the last six years, Ms. Grossu notes that "more than 150 abortion providers in at least 30 states have faced criminal charges, investigations, administrative complaints and/or civil law suits related to substandard practices or operation of these abortion facilities."

She cites the infamous example of now imprisoned abortionist Kermit Gosnell who profited by the lack of oversight of his gruesome "House of Horrors" in Philadelphia. His barbaric practices led to women being injured or killed in his facility. His center was not inspected for 17 years, even after multiple complaints to the Philadelphia Department of Public Health.

His facility was shielded from inspections in the name of the insistent demand of those advocating that there be no "barrier up to women" considering abortion even if this means exposing women to unsafe and unsanitary conditions.

His facility's hallways were so narrow that it was impossible to use a stretcher to take Kamamaya Mongar, who was severely injured during an abortion - to the hospital. An emergency door was only a few steps from the abortion procedure room, yet it was "chained and padlocked and neither Gosnell nor his staff had the key."

Firefighters finally opened the door with a bolt cutter. Sadly, it was too late. Mongar died at the Hospital of the University of Pennsylvania.

Of course, such extreme cases resulting in death are rare. However, many women are injured by abortions. Three told their stories at the Family Research Council on Tuesday. Nona Ellington said she had an abortion after being the victim of a rape when she was age 16. The result? "I have not been able to have children at all. I have had five miscarriages.

"That affected me physically, emotionally and spiritually. I can't have children."

The Court should uphold the Texas law to protect the health of women.

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Copyright Michael J. McManus, President of Marriage Savers and a syndicated columnist. Earlier columns may be found at www.ethicsandreligion.com. A Search key will pull up all columns on any topic.