We agree with the District Court that the surgical-center requirement, like the admitting-privileges requirement, provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an “undue burden” on their constitutional right to do so.
The majority opinion was correct. But for all the wrong reasons. The Texas law wasn’t unconstitutional because of the ludicrous requirement that baby butchers be properly credentialed by hospitals. The Texas law was unconstitutional because there is no Constitutional right to murder pre-born human persons at any stage of development since Roe v Wade is not the “law of the land” and never has been and allowing any type of abortion-related “procedure” violates the inalienable right to life for all innocent human persons from conception to natural death per the explicit and imperative requirements of the 5th and 14th Amendments to the United States Constitution which guarantees that no state shall violate “due process” and “equal protection of the laws” for any person without exception. No state possesses the authority to alienate inalienable rights. What is so sad is that so many self-described “constitutional conservatives” swallow and perpetuate the toxic liberal lie of Judicial Supremacy (i.e., that court opinions are the “law of the land” the very instant they are issued and must be obeyed, no matter how immoral, wicked or unconstitutional, by the other two superior branches.) And if you doubt the Founders originally designed the judiciary to be the “weakest of the 3 branches” read “Federalist 78” by Alexander Hamilton. The bottom line is that, ultimately, the Governor of Texas, Republican Greg Abbott, is the chief law enforcement officer of the state of Texas and is primarily responsible for ensuring that the Federal and Texas state Constitutions’ “equal protection” and “due process” guarantees be faithfully enforced and applied to every innocent human person in the state of Texas (no matter how tiny)…without exception! Babies are dying daily in Texas because Governor Abbott daily permits it (as do all 49 other state governors). We should expect immoral, illegal and anti-Constitutional opinions from the (majority) leftist Supreme Court. But is it too much to expect that self-professing “pro-life constitutional conservative Christians” such as Abbott actually abide by their oath and DO THEIR JOB especially when it comes to protecting and defending the most sacred right all human beings possess? The right to their own lives?
“To consider the judges as the ultimate arbiters of all constitutional questions [is] a very dangerous doctrine indeed, and one which would place us under the despotism of an oligarchy. …The Constitution has erected no such single tribunal, knowing that to whatever hands confided, with the corruptions of time and party, its members would become despots.” (Thomas Jefferson)
“…the judiciary, from the nature of its functions, will always be the least dangerous to the political rights of the Constitution. … [T]he judiciary … has no influence over either the sword or purse; no direction either of the strength or of the wealth of the society; and can take no active resolution whatever. It may truly be said to have neither FORCE nor WILL…” (Alexander Hamilton)
“..if the policy of the government, upon vital questions, affecting the whole people, is to be irrevocably fixed by decisions of the Supreme Court, the instant they are made, in ordinary litigation between parties, in personal actions, the people will have ceased, to be their own rulers, having, to that extent, practically resigned their government, into the hands of that eminent tribunal.” (Abraham Lincoln)