Tuesday, April 5, 2016

Indiana's New Abortion Law | National Catholic Reporter

Indiana's New Abortion Law | National Catholic Reporter by MSW. MGB: The Indiana law is impermissible because a state government cannot make a fetus an object of law. That is solely federal.  Such state laws are designed to bring this matter to the attention of the SCOTUS - with the intent of overturning Roe entirely.  They think that Justice Kennedy, with Alito and Roberts joining Thomas, might be friendly to the fact that aborting Downs children is a form of discrimination. It might well be, but it does not give Indiana the power to make those calls. Remember that Kennedy voted against state partial birth abortion bans, even though he thought them infanticide, because of jurisdictional grounds. This law is toast, although it might lead to federal proposals. Whether these pass or not depend on how risk averse the pro-life movement is.  A federal law might be so encompassing as to end the issue - and make further fundraising on the issue impossible.  I doubt that the movement will burn its money tree.



As for punishing women - murder is murder and equal means what it says - which is why there will never be a first trimester abortion ban.  Making an abortable embryo the object of law makes a miscarried one the same thing - and we don't need the police power treating every miscarriage as a homicide.  The pro-life community needs to not only get over lying - it needs to get over sentimentality - at least until it provides respite care to parents of Downs children - as MSW suggests (which the Church should also do before it pokes its Crozier into the situation).

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