Crossposted from DemocraticDiva.com
Per Howie Fischer who is, as always, doing excellent coverage on reproductive rights:
State Health Director Cara Christ wants a federal judge to throw out a challenge to a controversial new abortion law because no doctor has yet been disciplined for breaking it.
In legal filings in federal court, attorney Douglas Drury who represents Christ tells Judge Steven Logan that he should dismiss the lawsuit filed on behalf of abortion providers and doctors because the case is not “ripe” for consideration.
“Plaintiffs and their patients have not suffered any injury in fact,” Drury wrote.
That same argument is being made by the Attorney General’s Office representing the Arizona Medical Board, the agency that could revoke a doctor’s medical privileges for ignoring the statute.
Hanging in the balance is a law that requires doctors to inform women who want to terminate a pregnancy that “it may be possible to reverse the effects of a medication abortion if the woman changes her mind but that time is of the essence.”
It’s not uncommon for attorneys on the defense side to file motions to dismiss suits on grounds they pull straight out of their asses but I think there’s more than that going on here. What they’re doing also fits nicely into the anti-choicer “who, us?” denial strategy. Anti-choicers will deny, deny, and deny they want to put women in jail for abortion, until such time as women are actually being prosecuted. At that time they will forget all that and find reasons why this terrible woman deserves prosecution for abortion, and even capital murder. They’re having it both ways, prosecuting women while still denying they intend to do that.
The anti-abortion movement has always sworn they will go after doctors performing abortions, though, so it may seem odd that they would ever deny that. But this particular law forcing doctors to tell women they can reverse abortions is so epically stupid that the state’s health director and AG office must feel compelled to insist publicly that no doctor would ever be targeted by it. There isn’t even the faintest glimmer of the “safety of women” nonsense they can reliably trot out to defend waiting periods, mandatory ultrasounds, and forced readings of scripts about (debunked) breast cancer and depression links to abortion. Nope, they are going with the same “nothing to see here, move along” strategy on this as they do with the prospect of women being jailed for abortion.
Once again with this “abortion reversal” law, anti-choicers are having it both ways: Promote and pass a law that poses real, and negative, consequences to real people. Pretend that said consequences are nonexistent. Then count on the public to assume the latter is true because it’s just so crazy to think that doctors would have their licenses yanked for refusing to lie to women about “abortion reversal”. Who, us?
But make no mistake, the state is vigorously defending this law and, should they prevail, doctors will be forced to lie to women. At such time that a doctor is found to be not in compliance, no doubt by an anti-choice undercover “sting”, the response from both anti-abortion advocates and the state will be, “well, omigosh, it is the law!”