Why so many Pro-Life legal cases to stop abortion hits road blocks often ending in zero compliance? Why have abortion bills for the past 48 years run into court intervention? The reason is simple, Roe V. Wade is legally viewed as the "LAW of the land." Most importantly, Judges see Roe as the end all to any pro life law. Federal Judges will judge every pro-life law through Roe V. Wade and doing so hampers every single pro life Law.
For instance:
A three-judge panel of the U.S. Court of Appeals for the Eighth Circuit upheld a lower court’s ruling that blocks multiple Arkansas pro-life laws, including bans on late-term abortions and those based on sex of the unborn baby and a prenatal diagnosis of Down syndrome.
“As the district court recognized, the law governing the constitutionality of two of the three statutes at issue — Act 493 and Act 619 — though obviously subject to change in the future, is well established in this Circuit today,” the three-judge panel said in Tuesday’s ruling in the case of Little Rock Family Planning Services v. Leslie Rutledge.
The Court Rules this way because Roe V. Wade needs to be removed and Abolishing Abortion [Vis-à-Vis Personhood] needs to take it's place. Personhood sets a new standard where courts will be forced to view every law as if "Life begins at conception!"
We want to have the legal position that abortion has been abolished, and then the Pro Choice Crowd can do what we have been doing for 48 years. They can start trying to pass laws to make abortion legal again. The problem for them will be the problem we are working on now, any law that would make Abortion legal fails because of Personhood. Any Law that the prochoice crowd wants to pass will have to Pass Personhood Standard.
The Heartbeat Bill on the other hand keeps Abortion legal under 8 weeks, or even up to 10 weeks if you have a broken Ultrasound Sonography Unit. Since women miss a period at the beginning of a pregnancy, many will be more aware of a possible pregnancy. I KNOW that the abortion industry will have major advancements in even earlier pregnancy testing for women.
So there will be a heightened recognition of a possible pregnancy. The abortion industry will adjust, and the number of abortions will still remain high.
Just like every other Incremental Bill there is a MAJOR problem trying to enforce laws prohibiting abortion. Just a few years ago, after the Planned Parenthood video came out where they were selling fetal tissue, Governor Haley had DHEC perform an audit on abortion clinics. The DHEC audit covered 14 years and found some very interesting information.
The first point made by the Legislative Audit Council was this statement: "DHEC has not consistently inspected abortion clinics annually, as required by state law. In addition, we found shortcomings that could, if not addressed, result in serious problems for patients."
- There were missing audits. Out of 43 audits DHEC could only find 32. This means that we have no idea what happened in abortion clinics for 11 Audit periods.
- There were several audits where the time the auditor signed in was only 3 or 4 minutes before the auditor signed out. In other words the Auditor went to the clinic, said "Hi how is everything going? Do you have all your paperwork in order?" and then left!
- In several audits there were no birth dates for women who had abortions.
- On the audits they did find, only .004% were even examined.
- On multiple occasions the 24 hour waiting period was not signed off on. There was no evidence that the one hour waiting period after doing an ultra-sound was observed, THIS IS A STATE LAW!!
- Inspectors are allowed to rely on a review of as few as three patient files during an annual inspection in order to determine compliance with state law.
- DHEC inspectors do not confirm with DHEC Public Health Statistics and Information Services that all abortions are reported.
These are just a limited list of problems the audit revealed. All of these audit Issues point to one conclusion. DHEC cannot be trusted to do their jobs. From the audit for example, we found that one inspection included a review of only 6 patient files from a population of 1,887. Reviewing a statistically-representative sample of patient files will provide greater assurance that clinics are complying with state law. This is evidence that "Incremental Bills" can be passed and then really DO NOT MATTER.
This alone should cause all of us to pause and think, Does the Heartbeat really do what we want it to do? The answer is no, especially when you compare it to the Personhood Bill
DHEC Audit
