Many abortion providers would incur large costs due to state laws like that of Texas, which requires better staff and facilities. There is no constitutional right for the abortion industry to cut corners by insisting on operating on women in a less safe environment than what is customarily required for most other procedures. Dr. Kermit Gosnell was an abortionist in Philadelphia who lacked nearby hospital privileges, and who performed his abortions in a dingy clinic below surgery center standards. The grand jury that investigated him for murder, for which he was subsequently convicted, recommended that the law be changed to impose the stricter requirements on abortion clinics to avoid future Kermit Gosnells.
Texas and Missouri laws are not the only laws at stake in our U.S. courts. Louisiana passed a similar law requiring hospital admitting privileges within 30 miles, and the Fifth Circuit U.S. Court of Appeals unanimously upheld it this spring in June Medical Services v. Gee. Abortion clinics have filed applications to the U.S. Supreme Court to try to overturn that ruling. Even after the sudden loss of Justice Scalia, it’s hard to imagine why the U.S. Supreme Court would prevent states from taking reasonable steps, as Texas has done, to ensure that there is never again another Kermit Gosnell.
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