A federal judge in Kentucky just struck down a state law requiring an ultrasound to be performed and an opportunity for the woman to see the image and to hear her baby’s heartbeat before an abortion.
According to the judge, "Requiring physicians to force upon their patients the information mandated by HB2 [the law] has more potential to harm the psychological well-being of the patient than to further the legitimate interests of the Commonwealth.” (Never mind that no woman is required to actually view the image or listen to the heartbeat.)
Wow. That’s some kind of legal reasoning. Which is to say, it has nothing to do with legal analysis at all, but is instead prudential and therefore a political judgment reserved exclusively for the legislative body. But shucks, who concerns themselves with federalism anymore?
So let me get this straight. According to this federal judge, it is more harmful for a woman to see and to hear that there is baby in her womb than for the abortionist to skip all that, rip the child apart inside her womb, and then send her on her merry way (since apparently, the latter is the state’s only “legitimate interest”)? Unbelievable though it may be, that appears to be what this judge is saying.
Then again, I suppose he may be right in one sense. It absolutely must be more psychologically scarring for a woman to see her formed child and to hear its separate heartbeat and then to give assent for the “doctor” to terminate her baby, than it would be if she and her abortionist just simply avoided any acknowledgment of her baby to begin with. On the other hand, it seems not to have occurred to this judge that the woman may be inclined, after seeing a 4-D image of her child and listening to its heartbeat, to choose life for her child and motherhood for herself. Did Judge Hale factor into his seemingly omniscient judgment the incomparable joy of motherhood for the many women who would carry their child to term as a result of the information provided to them by this law? It appears not.
But the judge didn’t stop there. In his decision, he wrote that HB2 "overtly trumpet[s] the anti-abortion preference of the legislature and is ideological in nature." Alright, what law school did this guy go to? Or better yet, who appointed him to the federal bench? (Hint: Judge Hale assumed his seat in 2014.)
So according to Judge Hale, laws apparently can no longer demonstrate a preference for life over abortion OR be ideological by nature? By the latter standard alone, this would necessarily eliminate the possibility of passing any more bills ever, since all laws are premised on certain ideological precepts. While the idea of preventing legislative bodies from passing any more laws is tempting, it is clearly untenable. (Though perhaps not for Judge Hale, who seems perfectly comfortable to assert himself as the maker of law by judicial decree.)
And then there’s the ACLU who, to no one’s surprise, filed this suit on behalf of a Kentucky abortion center, arguing in its complaint that "HB2 requires physicians to subject their patients to these images, descriptions, and sounds, when the patient is in a particularly vulnerable and exposed position."
Well of course the patient is in a particularly vulnerable and exposed position. And that’s precisely why Kentuckians felt it was important for a woman to know as much as possible about what it is she’s about to do before she makes such a life-altering decision for herself and a life-ending one for her child. But what the ACLU is saying – and Judge Hale apparently agrees – is that for women “in a particularly vulnerable and exposed position” inside an abortion center, they cannot be given any reason to change their mind and choose life. No, they MUST choose abortion, because that’s what women NEED in their time of particular vulnerability. Trust us. We know best.
Now is that not about the most twisted and patronistic thing you’ve ever heard? I might say “you just can’t make this stuff up,” but then, clearly they did.
So much for being “pro-choice.” It’s become increasingly clear that the forces on the left couldn’t care less about being either pro-women or pro-choice, even as they claim to be the champion for both. Incidents like this expose them as the champion of only one mantle: “pro-abortion.”
But it’s okay, you see, because that’s not “ideological.” It’s amazing how blind some have become to their own inherent biases.