Crossposted from DemocraticDiva.com
Anti-choicers are such prodigious and unabashed liars that when they don’t even bother pretending and just show their true natures it can startle even the jaded likes of me! Two developments this past week did just that. First was the conservative Fifth Circuit Court’s decision to uphold Texas’ draconian HB2, an anti-choice omnibus law passed in 2013 (amidst thunderous protest at the State Capitol and after then-Senator Wendy Davis’ now-famous filibuster) that imposed onerous and unnecessary “safety” requirements on abortion clinics in what was obviously an attempt to shut them down. The implementation of the law was delayed due to lawsuits, with a federal judge last summer calling the anti-choicers right out on their bullshit.
The most remarkable portion of Yeakel’s opinion, however, may be the fact that he does not simply analyze the effect of Texas’s law. He also accuses the state of outright dishonesty. Responding to the state’s argument that some Texans can seek abortions in New Mexico if they are unable to obtain one in Texas thanks to HB2, Yeakel notes that this argument completely undermines any suggestion that these laws are supposed to protect women’s health:
If the State’s true purpose in enacting the ambulatory-surgical-center requirement is to protect the health and safety of Texas women who seek abortions, it is disingenuous and incompatible with that goal to argue that Texas women can seek abortion care in a state with lesser regulations. If, however, the State’s underlying purpose in enacting the requirement was to reduce or eliminate abortion in parts or all of Texas, the State’s position is perfectly congruent with such a goal.
Yeakel, in other words, calls a sham a sham. He recognizes, in the words of the Supreme Court, that the purpose HB2 is to “place a substantial obstacle in the path of a woman seeking an abortion before the fetus attains viability.” And he comes just one step from outright accusing the state of lying when it claims that the law was actually enacted to protect women’s health.
