Yesterday, a three judge panel of the 5th U.S. Circuit Court of Appeals heard arguments on the 15-week “fetal pain” ban. Lemme take you on an insanely infuriating journey, won’t you?
Gov. Phil Bryant signed the 15-week ban bill into law in 2018, and Jackson Women’s Health Organization sued right away. US District Judge blocked the law from taking effect, writing that it OBVIOUSLY violates women’s constitutional rights because it bans abortion weeks before viability. Which is UN CON STI TOO SHOIN ALLLLLLLL. Full stop. Welcome to Roe v Wade town. Population all of us.
So, there is no godly reason why the 5th circuit should do ANYTHING but immediately say, yup, pre-viability ban? No go! Right?
But we are dealing with The 5th Circuit here, which covers Mississippi, Louisiana, and Texas and it’s generally considered one of the most conservative appeals courts in the U.S.
What’s scary about the 5th circuit taking up with case, is that already this year, they ignored established precedent!
Judging from where we are now with Gee v June Medical Services in Louisianna and their willingness to completely ignore precedent and constitutional law just when it comes to abortion, I don’t have high hopes for the 15 week ban. In Gee, they upheld an IDENTICAL LAW to the Texas TRAP laws that were STRUCK DOWN by the Supreme Court 3 years ago. These included the law saying that physicians had to have admitting privileges to hospitals. There is zero difference in the law, only the makeup of the court, Justice Anthony Kennedy, a decisive vote in Whole Women’s Health, has been replaced by a Beach Week Freak #1
One who has signaled in many cases like Garza (where a detained migrant wanted an abortion) that no burden is too much for a woman seeking her constitutional right to abortion. My brain is bleeding.
Back to Mississippi: In the case yesterday, Mississippi argued that Judge Reeves overstepped his authority by only considering the case through the prism of the Constitution. UMMMM what? They also wanna say that the state has a compelling interest in protecting fetuses from pain. WHICH BY THE WAY THEY CANNOT. We know at 15 weeks, neural pathways have not been developed.
So in the case, the state was wondering why they weren’t allowed to talk about fetal pain. You know who also wondered this aloud was Judge James C Ho, appointed by Donald Trump in 2017, had a loooooot of stupid questions. You know what else we we didn’t talk about, the rules of field hockey, or how to make a roof.
The other two judges, Judge James L. Dennis and Judge Patrick Higginbotham, dissented in Gee, and they were silent the whole time, probably in awe that that they had to share the bench with such a world-class idiot.
Louisiana passed a 15-week abortion ban in 2018, but it takes effect only if the appeals court upholds the Mississippi law.
Also please remember, this is the Mississippi that when the 15 week ban got blocked said, ok, well what’s logical, we’ll pass a 6 week ban! That’s not how the law or math works, but the legislators might not know that because MS ranks 2nd to last in education.
ALSO ONE FINAL NOTE: Fetal pain makes no sense, just because there is zero science. If there argument is that this entity MIGHT feel pain, is this an argument that the state has a compelling interest to protect us from pain? And if so, you know what experience we DO know causes pain? Birth, often said to be the most painful thing a person will every go through in THEIR LIFE. With this logic, the state would have a compelling interest in promoting aboriton with every extra dollar they have.