Just one day after an historic victory for women’s reproductive rights, the Supreme Court dealt another serious blow to the Republican war on women’s bodies by rejecting two more cases; one from Mississippi and one from Wisconsin.
On Tuesday, the Court officially declined to hear cases challenging lower court rulings against two Republican TRAP (Targeted Regulation of Abortion Providers) laws that would have required clinics in Mississippi and Wisconsin to have “admitting privileges” to a hospital within 30 miles. The premise of these laws was that an abortion doctor might need to rush a patient to the hospital and it would make abortions “safer.”
But it was complete nonsense and everyone knew it. It’s almost impossible for doctors that perform abortions to get admitting privileges because the nearby hospitals refuse to be associated with an abortion clinic. Why? Because it would make them a target for rabid abortion protesters and they didn’t want to expose themselves to the domestic terrorism that entails.
As Justice Ruth Bader Ginsburg made it crystal clear in her opinion on Monday, the almost unimpeded freedom Republicans have enjoyed in passing abortion restrictions is over:
“So long as this Court adheres to Roe v. Wade and Planned Parenthood of Southeastern Pa. v. Casey,” she wrote, “Targeted Regulation of Abortion Providers laws like H.B. 2 that ‘do little or nothing for health, but rather strew impediments to abortion,’ cannot survive judicial inspection.”
And since almost all of the laws passed since 2010 when Republican captured so many state legislatures “do little or nothing for health, but rather strew impediments to abortion,” you can expect a swarm of lawsuits in the very near future. It may take a while, but the end of TRAP laws has finally started.
Once President Hillary Clinton appoints a new Justice, this process will accelerate even as Republicans desperately try to keep women under their collective thumb. Unfortunately, this restoration of women’s rights will almost certainly be accompanied by an increase on domestic terrorism. The radicalized right does not take losing well. But that just means we’ll have to fight even harder for the freedom for women to control their own bodies.