5 ms·
This is a bit of a tangent, but I want to discuss how deviously literal the Supreme Court decided to be in order to avoid letting anyone establish any precedent
by CobrastanJorji 3y ago
This is a bit of a tangent, but I want to discuss how deviously literal the Supreme Court decided to be in order to avoid letting anyone establish any precedent about what was or wasn't a legal abortion.
The original filing said "It is also Dr. Karsan’s good faith belief and medical recommendation that that the Emergent Medical Condition Exception to Texas’s abortion bans and laws permits an abortion in Ms. Cox’s circumstances, as Ms. Cox has a life-threatening physical condition aggravated by, caused by, or arising from her current pregnancy that places her at risk of death or poses a serious risk of substantial impairment of her reproductive functions if a D&E abortion is not performed. Dr. Karsan is unsure how close to death her patients need to be before abortion is permitted under Texas law. As has been the case with prior patients over the last two years, Dr. Karsan is unsure if Ms. Cox’s current medical condition counts as close enough to death under Texas law for the Emergent Medical Condition Exception to apply." (clauses 139,140)
The Texas Supreme Court said "The pleadings state that Ms. Cox's doctor believes Ms. Cox qualifies for an abortion based on the medical-necessity exception. But when she sued seeking a court's pre-authorization, Dr. Karsan did not assert that Ms. Cox has a 'life-threatening physical condition' or that, in Dr. Karsan's reasonable medical judgement, an abortion is necessary because Ms. Cox has the type of condition the exception requires."
In short, the court decided that Dr. Karsan described the statute, and that Dr. Karsan stated that the statute applied, but Dr. Karsan did not actually say "the patient had a life-threatening physical condition," but only that the patient WOULD have a life-threatening condition if an abortion were not performed. Or at least that's probably the argument; it's not explained very well. Therefore, the Court cannot not rule on whether the abortion is legal or not. After all, only a doctor could make that determination, not a court (you can read the smirk).
Truly an amazing decision, and if there's an award in Hell for achievements in pedantry, that court would have a real shot. Sadly, the Court would probably be disqualified for such an award as they technically lied (Dr. Karsan did in fact say "Ms. Cox has a life-threatening physical condition"), and one presumes Hell's Pedantry Awards interpret such rules quite strictly.
- galaxyLogic 3y agoWhat I never understood is how Republicans can be for one type of abortion say before 6 weeks but not for 15 weeks? What is their rationale? If Bible says that abortion is murder, and life begins at conception, then how can they allow abortion at 6 weeks and vote for that?
- nl 3y agoIt's because this lets them perform lipservice to respecting women's rights and not being a theocracy.
- saghm 3y agoThe bible doesn't say anything at all about abortion. It wouldn't matter if it did though, because they have no problem ignoring plenty of things that actually are in it when it would conflict with political success.
- AndrewKemendo 3y agoUntrue. Numbers 5 gives a process for distilling a “bitter water” and circumstance under which to induce an abortion with said water. In case you’re curious it’s simply if a husband has “a jealousy” and fear that his wife has “laid with another man.”
- galaxyLogic 3y agoAmazing. So Bible says abortion is ok, if the husband is jealous. (Numbers 5). Why don't these anti-choice people read their Bible.
- talentedcoin 3y ago“Before I formed you in the womb I knew you, before you were born I set you apart; I appointed you as a prophet to the nations.” — Jeremiah 1:5
- saghm 3y agoIf anything, that sounds like it's saying life begins _before_ conception, not at conception. By that logic, it's also murder to wear a condom or pull out
- galaxyLogic 3y ago> life begins _before_ conception In other words reincarnation. In a way we were set up before birth as said by Jeremiah above, because our DNA existed before we became the fertilized egg. Our DNA was in two parts which were then combined by the act of conception.
- paholg 3y agoJesus, that's the exact kind of reasoning that happens in Catch 22. When did reality become more farsical than parody? I'd laugh, if it wasn't a situation with so much real harm to real people.