Drudge Retort: The Other Side of the News
Wednesday, July 30, 2014

A federal appeals panel on Tuesday blocked a Mississippi law that would have shut the sole abortion clinic in the state by requiring its doctors to obtain admitting privileges at local hospitals, something they had been unable to do. By a 2-to-1 vote, the panel of the United States Court of Appeals for the Fifth Circuit ruled that by imposing a law that would effectively end abortion in the state, Mississippi would illegally shift its constitutional obligations to neighboring states. The ruling is the latest at a time when states, particularly in the South, are increasingly setting new restrictions that supporters say address safety issues and that critics say are intended to shut clinics.

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"A state cannot lean on its sovereign neighbors to provide protection of its citizens' federal constitutional rights," Judge E. Grady Jolly wrote.

OH HELL YES!

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Mississippi would illegally shift its constitutional obligations to neighboring states.

Thanks there, neighbor!

Has anyone ever heard of the Donohue-Levitt hypothesis?

#1 | Posted by rstybeach11 at 2014-07-30 01:29 PM | Reply | Flag:

#1 | POSTED BY RSTYBEACH11

Well, could always turn ol Miss into a big prison. They would have about 10-15 years from now to build a nice one.

#2 | Posted by Lohocla at 2014-07-30 01:42 PM | Reply | Flag:

What? We can't just take away a woman's basic legal right?

Crazy activist judges!

#3 | Posted by Derek_Wildstar at 2014-07-30 04:10 PM | Reply | Flag:

"On Monday, two affected clinics in Texas are mounting a new legal challenge and clinic operators will also ask a Federal District Court to block enforcement of a more drastic requirement scheduled to take effect on Sept. 1 -- that abortion clinics meet the building standards of ambulatory surgery centers."

This harkens back to about 150 years ago, when anti-abortion laws first started appearing in the United States. The justification was that the procedure was too dangerous and thus needed to be banned. This was considered and rejected in Roe.

#4 | Posted by snoofy at 2014-07-30 05:09 PM | Reply | Flag:

Is it impossible for abortion doctors to get admitting privileges in local hospitals?

All I'm reading is that this is a requirement but nothing else is said. Is that realistic or not?

#5 | Posted by eberly at 2014-07-30 05:20 PM | Reply | Flag:

Is that realistic or not?

Completely unrealistic. That's why the GOP has put this requirement in. It's guaranteed that no doctor will gain admitting privileges and it is a completely unnecessary requirement anyway.

#6 | Posted by YAV at 2014-07-30 05:23 PM | Reply | Flag: | Newsworthy 1

"no doctor" refers to these particular doctors*

#7 | Posted by YAV at 2014-07-30 05:27 PM | Reply | Flag:

#6

you mean the hospitals are telling them "no"?

I suppose most MDs have admitting privileges at local hospitals so I can see the requirement except for the part where the hospital doesn't have to give it knowing it will shut down the clinic.

I have no idea how admitting privileges works.

#8 | Posted by eberly at 2014-07-30 05:33 PM | Reply | Flag:

I have no idea how admitting privileges works.
#8 | Posted by eberly

If you're interested in learning, you may do so. www.dailykos.com

Anti-reproductive-rights advocates and legislators would have us believe that, if a medical emergency occurs during an abortion, the doctor in charge needs to have admitting privileges at a nearby hospital in order to ensure the safety of the woman. On the surface, that argument sounds plausible. But, in reality, it's a fraudulent concept -- and proponents know that.

Why? Because, when there's an emergency, admitting privileges become irrelevant. Under a 1986 federal law known as EMTALA, hospitals are required to provide care to anyone who needs emergency care [with or without insurance, by the way.] This requirement includes pregnant women who need a life-saving abortion, are in labor, or are suffering the effects of a botched abortion."

#9 | Posted by snoofy at 2014-07-30 05:37 PM | Reply | Flag:

This is a good thing, good link Snoofy.

There should be more clinics as well.

It is an interesting "right" though, it requires others to be included and at a base level of skill, for you to exercise it......

#10 | Posted by AndreaMackris at 2014-07-30 05:52 PM | Reply | Flag:

It is an interesting "right" though, it requires others to be included and at a base level of skill, for you to exercise it......
#10 | Posted by AndreaMackris

As if your property rights are meaningful without police and courts... As if your right to a fair trial doesn't requires citizens to stop whatever they're doing and serve on a jury your benefit...

Are those "interesting" "rights" too?

#11 | Posted by snoofy at 2014-07-30 06:27 PM | Reply | Flag:

What I find interesting about this ruling is that a different panel of the Fifth Circuit upheld an almost identical statute in Texas earlier this year. This panel distinguished the prior ruling but...

#12 | Posted by et_al at 2014-07-30 08:19 PM | Reply | Flag:

The article mentions there are thirty places to get an abortion in Texas, ten after admitting privileges is required; but only one in Mississippi, zero if this law were upheld. Thus, Texas's law doesn't unduly shift their obligation to other states the way MS does, because there are simply more places in TX where someone with admitting privileges can hook up a vacuum cleaner to your -----.

#13 | Posted by snoofy at 2014-07-30 10:41 PM | Reply | Flag:

The question is distance (150 miles or more in TX), thus not much burden, according to the previous panel. Do geographic boundaries make that much difference (15 miles from one city to another state)?

#14 | Posted by et_al at 2014-07-31 01:10 AM | Reply | Flag: | Funny: 1

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