Odd Developments in Big Abortion Case
As the political class in America struggles with the implications of the Harriet Miers nomination to the Supreme Court, we are paying attention to the odd developments going on around a crucial abortion case pending before the Supreme Court. The case is called Ayotte v. Planned Parenthood, and comes to the court from New Hampshire.
The crucial issue in the case is whether the state’s parental notification statute needs a “health exception”. Let’s put the issue in simple terms: Planned Parenthood is arguing that in cases where a girl’s “health” is somehow threatened by a pregnancy – be that actual physical damage, cramps or emotional strain – the requirement that at least one parent be notified that their daughter is getting an abortion is “unconstitutional”. In such cases, Planned Parenthood is arguing that an abortionist should be able to kill the baby without even sending parents a postcard.
Now we can certainly hold Planned Parenthood accountable for this outrageous position. But their opinion wouldn’t matter much if they had not found plenty of federal judges willing to support this scandalous re-writing of the U.S. Constitution.
This case is one of the two big ones coming to the new Supreme Court this term. Hopefully, Harriet Miers will be on the court in time to help protect parents and girls from such schemes.
But in the meantime, the case has taken some odd turns.
The Attorney General of New Hampshire, Kelly Ayotte, is defending the state’s law. But the state’s governor, John Lynch, has just filed a “friend of the court” brief with the Supreme Court – arguing that his state’s law is unconstitutional. That has to be one for the books. The pro-abort Governor believes that the law poses a threat to the health of “young women” – even though the law treats girls, not women; and even though there is an exception for pregnancies which are life-threatening.
Lynch’s position is even more outrageous when we understand that “emergency” abortions are virtually unheard of in the real world. A survey of numerous states – including Idaho for the years 2000-2004 – has found there have been no “medical emergency” abortions performed on girls over a period of many years. As one friend observed: “Ambulances carry women away from abortion clinics – not to them” .
This whole “health exception” fabrication of federal judges has proven to be the great bane of the struggle against abortion; the exception that digested the entire rule. This case has enormous implications for the daughters and families of this nation. Let us pray that the Bush appointees to the Court are ready for the moment.