Does Texas 'informed consent' law signal a successful new strategy against abortion?
January 17, 2012
Legal scholar Hadley Arkes believes that the groundwork for a powerful challenge to legal abortion has been laid, in a judicial decision affirming the "informed consent" law in Texas.
Judge Edith Jones wrote a carefully reasoned decision in Texas Medical Providers v. Lakey, Arkes writes. Her decision, emphasizing that the new Texas law does not place any barriers in front of a woman seeking an abortion, is very likely to withstand a Supreme Court challenge, Arkes believes.
Beyond the judicial sphere, the Texas precedent should encourage legislators to consider bills that protect the unborn withou directly challenging the Roe v. Wade precedent, Arkes suggests.
That move is bound to set off crippling tensions within the party of abortion in Congress. They are the tensions that could make that party come apart, and bring us to the beginning of the End.