AP's Sherman Effectively Labels Anthony Kennedy a 'Conservative' As Supremes Allow Texas Law to Stand

November 19th, 2013 10:18 PM

Never one to let facts get in the way of the proabort narrative, Mark Sherman at the Associated Press characterized today's 5-4 decision by the U.S. Supreme Court to allow Texas's abortion law to stand while on appeal as one rendered by "the court's conservative majority."

Really? Anthony Kennedy is one of the justices in the critical "Planned Parenthood v. Casey (1992), which reaffirmed in principle (though without many details) the Roe v. Wade decision recognizing the right to abortion under the Due Process Clause of the Fourteenth Amendment." That's hardly "conservative," though Sherman at least applied the "liberal" label to the four dissenters. Excerpts follow the jump (bolds are mine):



A sharply divided Supreme Court on Tuesday allowed Texas to continue enforcing abortion restrictions that opponents say have led more than a third of the state's clinics to stop providing abortions.

The justices voted 5-4 to leave in effect a provision requiring doctors who perform abortions in clinics to have admitting privileges at a nearby hospital.

The court's conservative majority refused the plea of Planned Parenthood and several Texas abortion clinics to overturn a preliminary federal appeals court ruling that allowed the provision to take effect.

The four liberal justices dissented.

The case remains on appeal to the 5th U.S. Circuit Court of Appeals in New Orleans. That court is expected to hear arguments in January, and the law will remain in effect at least until then.

Justice Stephen Breyer, writing for the liberal justices, said he expects the issue to return to the Supreme Court once the appeals court issues its final ruling.

The Texas Legislature approved the requirement for admitting privileges in July.

(final two paragraphs)

... In Texas, 12 abortion providers say they have attempted to obtain hospital privileges for their doctors, but so far none of the hospitals have responded to the requests. That means those clinics can no longer offer abortions, leaving at most 20 facilities open in a state of 26 million people. All of those facilities are in metropolitan areas, with none in the Rio Grande Valley along the border with Mexico. Currently, only six out of 32 abortions clinics in Texas qualify as ambulatory surgical centers, and some have doctors who do not meet the admitting privileges requirement.

Texas women undergo an average of 80,000 abortions a year.

"Undergo" means to "experience or be subjected to (something, typically something unpleasant, painful, or arduous)." What the baby "undergoes" in an abortion is far more "unpleasant, painful, and arduous" than what the woman carrying it "experiences."

The Guttmacher Institute's most recent information indicates that Texas had 84,610 abortions in 2008, and that there were 67 providers.

It hardly seems radical to require a doctor to have hospital admitting privileges when he or she does surgical abortions — and it's completely ridiculous to call Anthony Kennedy a "conservative" when he affirmed the "essential holding" of Roe v. Wade.

Cross-posted at BizzyBlog.com.