How the Supreme Court Gave Us Gosnell

Because the Justices foolishly believed that abortion had few risks, and that abortion providers should have complete discretion to decide how to perform abortions in the first trimester, the Justices said that state and local officials could not regulate them in the first trimester. The Justices prohibited state health and safety regulations for abortion clinics in the first trimester of pregnancy when 90 percent of abortions are performed.

In the years following Roe, the Court reinforced its prior ruling and rejected appeals from public health officials who wanted to enforce health and safety regulations for clinics in Illinois, Indiana, and Florida.

The Supreme Court then empowered the federal courts and abortion industry lawyers to thwart every effort by state legislators and public health officials to monitor health and safety conditions at facilities performing abortions. Back-alley abortionists could challenge any regulation as an “unconstitutional burden” to a “woman’s right to choose” abortion.

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