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President Biden Pledges to Codify Roe with Bill that Goes Far Beyond Roe

By HatetheSwamp
October 19, 2022 5:16 am
Category: President

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Donna. isle. This is exactly what pb said about the Women's Health Protection Act!!!!!

The Women’s Health Protection Act (WHPA) is routinely described in the media as a “codification of Roe,” repeating the false claim by the White House and many Democratic sponsors. It is in fact what many pro-choice advocates have always wanted Roe to be but have been unsuccessful in establishing through the court system.

The Democrats could have simply sought the codification of Roe but instead loaded the WHPA with a wishlist of pro-choice provisions. The WHPA would dramatically expand Roe and its successor case, Planned Parenthood of Southeastern Pennsylvania v. Casey. It seeks to accomplish legislatively what could not be accomplished judicially for decades.

The bill...would wipe away the precedent following Roe where states did impose legislate conditions and limitations on abortions within the constitutional framework laid out by the Court. Since 1973, states have used that precedent to enact hundreds of laws on abortions.

It bars any limitation or requirement that “expressly, effectively, implicitly, or as implemented singles out” and “impedes access to” abortion. Any state law would need to show — by clear and convincing evidence — that it “significantly advances the safety of abortion services or the health of patients,” and that such safety “cannot be advanced by a less restrictive alternative measure.”

Under the WHPA, no law could countermand a health-care provider who believes “continuation of the pregnancy would pose a risk to the pregnant patient’s life or health.” The term “health” is not defined and such terms are required to be “liberally construed” under the law. The law could be read as preempting certain late term abortion laws and other limits.

The WHPA could make it more difficult to establish waiting periods under current state laws. Laws requiring the involvement of licensed physicians could be struck down, too, since the key “health care provider” definition includes a “certified nurse-midwife, nurse practitioner, and physician assistant.”

*****

President Biden also returned to the claim that the Constitution’s Ninth Amendment contains a “right to privacy.” He explained “There’s a thing called the Ninth Amendment that says there’s a right to privacy. That’s how it was interpreted back then.”

The Court has expressly rejected this rationale and any law based on this claim would likely face the same result before the current Court.

Even the Washington Post declared that claim to be false. It awarded two “Pinocchios” though it is not clear what it takes to get four “Pinocchios” in this circumstance.


Lindsey Graham has proposed a bill that is a reasonably close approximation of Roe. pb SUPPORTS IT!!!!! How bout you?

"That feckless dementia-ridden piece of crap" insists on making radical abortion legislation the cornerstone of his campaign to keep the Senate.

pb says, "Go for it Joe!

Can you say, "Senate Majority Leader Mitch McConnell?"

Bahahahahahahahahahaha, ahhhhhhhhhhh.


Cited and related links:

  1. jonathanturley.org

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