Wendy Davis just can’t catch a break. Several months after she was dispatched by the voters of Texas in her free-abortion-on-demand-until-the-baby-is-born based run for Governor, a federal appeals court has upheld the very pro-life law that gave “Abortion Barbie” her 15 minutes of fame.
That law includes abortion center health and safety standards similar to those in Virginia, the constitutionality of which are constantly questioned by the abortion industry and its allies but have time and again been upheld. A requirement that doctors who perform abortions have admitting privileges at a local hospital was also upheld in the decision.
Ironically, the abortion industry did not challenge the part of the law that made Ms. Davis (in)famous – the prohibition on some abortions after the twentieth week (or 5th month) of pregnancy, sometimes referred to as the “Pain Capable Unborn Child Protection Act.” Virginia has yet to adopt a similar statute.
The Texas win is potentially good news for Virginia. Since pro-abortion Governor Terry McAuliffe is placing pro-abortion types on the Board of Health in an attempt to repeal Virginia’s health and safety standards for abortion centers, the precedent Texas and appellate courts are setting by fighting for and upholding similar standards shows how far outside the mainstream the Governor and his cronies really are. If the case is heard by the Supreme Court and they uphold the ruling, pro-abortion lawmakers and advocates will lose one of their primary arguments in fighting health and safety standards.
Pro-abortion advocates are likely to appeal the decision to the U.S. Supreme Court.