Hunkered Down in Bremerton

Howard's Blog September 4, 2021
My take on what is going on this week.

Texas Abortion Law

The Texas state legislaturee has passed and the governor has signed legislation that makes abortions illegal in most cases. Abortions cannot be performed when a medical professional can hear a heartbeat. This is contrary to the United States Supreme Court's Roe vs Wade decision in January 1973 which also involved a Texas law. The Supreme Court has also said that it would allow this law to go into effect. Of course, the constitutionality of the new law will be dragged through the federal court system until the Supreme Court will once again have to rule. When that happens it may rule in favor of Texas.. who knows.

Meanwhile the new Texas law is in effect. So what happens next--

First off, a few women (I can't stand the political correctness of a gender neutral pronoun in this case) who would otherwise have abortions will carry their fetuses to full term and give birth. The Bible thumpers will be pleased

Secondly, few if any abortions will be performed. One at least will have to be performed with everyone involved being prosecuted to the full extent of Texas law. Those who are convicted or who lose civil trials will appeal, and appeal and appeal. The United States Court of Appeals for the Fifth Circuit in New Orleans which is covers four district federal courts in Texas may well stay the law and rule it unconstitutional. Appeals by one side or the other will eventually be heard by the Supreme Court.

Fourthly, women who want abortions will go to Oklahoma and other states where they are performed legally. Not much Texas can do about this.

Lastly, some women (while in the late first and early second trimester of pregnancy) may well decide to have elective caesarian deliveries and then immediately relinquish parental rights to the State of Texas. Medicaid and the Children's Health Insurance Program in Texas will be on the hook for hundreds of thousands of dollars of medical costs that will ultimately result from each such procedure.

It would take very few of these procedures each year to bankrupt the CHIP program and the State of Texas. Does anyone believe that the Bible thumpers will step up and offer to pay for this through higher state taxes? Be careful what you wish for Texas.

Howard B. Julien

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Updated September 4, 2021