We the People

Eternal vigilance is the price of liberty. Politics and civil commentary with community columnist John Eyster.

“Judge delays enforcement of Wisconsin abortion law”

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John Eyster
Tuesday, July 9, 2013

“Judge delays enforcement of Wisconsin abortion law"

GRATEFUL to U.S. District Judge William M. Conley for issuing the temporary injunction prohibiting the enforcement of the WALKER – GOP law infringing on the rights of WI citizens. Waiting for the judge's follow-up injunction decision this morning. What do YOU think?

Now, this morning, I am praying with audacity of hope that he will also suspend the whole law this morning. He announced he’d have a decision on that injunction this morning. I am waiting impatiently. What is YOUR view of Judge Conley’s decisions?

I was interested to read the Milwaukee Journal’s online survey – NOT SCIENTIFIC – with the question, “Do you agree with the judge's decision to delay state law requiring doctors who perform abortions to have hospital admitting privileges?” With 1,686 votes as of right now, there is a vote of 66% AGREE and 34% DISagree. IF you wish to vote, you will find the survey online with Jason Stein’s informative article, “Judge delays enforcement of Wisconsin abortion law.”

I urge you to read Jason’s article to learn the details of the case brought by Planned Parenthood and American Civil Liberties Union of Wisconsin which has resulted in the short-term (10-day) injunction pending full hearing on Thursday, July 18. The provision in the law which was suspended last night requires doctors who perform abortions to have hospital-admitting privileges.

Pending the judge’s decision promised this morning, Conley's ruling does not affect a separate provision of the new law requiring women to undergo an ultrasound before having an abortion. Stein notes, “At next week's hearing Conley could potentially choose to reinstate the full law or keep it blocked.”

Stein cites the assertion by Judge Conley in his decision, "There will almost certainly be irreparable harm to those women who will be foreclosed from having an abortion in the next week either because of the undue burden of travel or the late stage of pregnancy, as well as facing increasing health risks caused by delay. Since the state has failed to date to demonstrate any benefit to maternal health of imposing this restriction, there is no meaningful counterweight recognized by the United States Supreme Court to justify the act's immediate enforcement."

I believe that Judge Conley’s injunction is a very important action to PROTECT the RIGHTS of WE THE PEOPLE of WI! I agree with him that our US Constitution as interpreted by our US Supreme Court protects the RIGHT – within limits – to choose an abortion. The WI law exceeds the parameters allowed by Supreme Court decisions. What do YOU think?

The article provides quotes from various medical experts who provide rationale and justification for the Judge Conley’s injunction. I hope he keeps the injunction in place next week and anticipate that the whole case will move to APPEAL. Perhaps eventually there will be another WI case before the US Supreme Court. That’s the way WE THE PEOPLE of the US under our Constitution make such decisions. Stein notes, “Challenges to similar laws in other states have had some success, at least initially. Nationally, the matter will likely ultimately be decided by higher courts, according to legal experts on both sides of the issue.” Yes, US Supreme Court decisions in the future.

Just today – the infringement on the RIGHTS of WI citizens would have been VERY significant and HARMFUL, as I see it. Stein reports, “Larry Dupuis, an American Civil Liberties Union of Wisconsin attorney representing Affiliated Medical Services, said Monday that 30 appointments scheduled for Tuesday at the group's Milwaukee clinic would have had to be canceled if the law remained in place.”


Here we go…

Mr. E.

Postscript - NO follow-up decision re. ultra-sound requirement yet from federal judge. There is, however, a helpful AP report with Jay Sorgl broadcast by WTMJ online, "Judge blocks new Wis. abortion law."

You may also want to read the strong liberal statement by Hrafnkell Haraldsson on Politicus USA, "Federal Judge Issues Restraining Order Against Wisconsin Abortion Law. Mr. E.

Last updated: 8:25 am Monday, July 29, 2013

John W. Eyster lives in the Edgerton area. He is an adjunct professor assigned with the online/distance education faculty of Viterbo University, LaCrosse. He continues his personal mission supporting democracy/civics education in Wisconsin K-12 schools through Project Citizen, We the People, Discovering Democracy (Milton HS). John is a community blogger and is not a part of The Gazette staff or management.

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