Texas HB 2 should be upheld in its entirety by the United States Supreme Court

Texas HB 2 should be upheld in its entirety by the United States Supreme Court, even if it leads to the closure of abortion clinics in the state of Texas, because the Texas Legislature did not intend to prohibit abortion clinics who are compliant with the requirements of HB 2 from performing abortions prior to 20 weeks post-fertilization, abortions necessary to prevent the death or “a serious risk of substantial and irreversible physical impairment of a major bodily function, other than a psychological condition” of the mother, or an abortion of an unborn child who has been diagnosed with a severe fetal abnormality. In addition, several of the regulations contained within HB 2 are constitutionally permissible because these provisions of HB 2 regulate abortion in a manner that is “reasonably related to maternal health” and because they do not prohibit abortion providers who are compliant with HB 2 from performing abortions.

The United States Supreme Court should decide that laws that prohibit or regulate abortion are constitutionally permissible, even though the United States previously declared state laws that prohibited abortion as being unconstitutional in the Roe v. Wade and Doe v. Bolton cases, because these laws further the legitimate governmental interests “in protecting the health of the woman and the life of the fetus that may become a child,” which had been acknowledged in the Planned Parenthood v. Casey case. In addition, the state has legitimate governmental interests not acknowledged in the Roe v. Wade case that justify the prohibition of abortion, including but not limited to a legitimate governmental interest in protecting unborn children against pain that might be felt during an abortion, a legitimate governmental interest in protecting unborn children against irreversible harm that might result from an attempted abortion that fails to result in the death of the unborn child, and a legitimate governmental interest in deterring infanticide.

One of the major reasons why abortion providers in Texas are seeking to have HB 2 declared unconstitutional by the United States Supreme Court is that some of the pregnant women who reside in the state of Texas and who are seeking to end pregnancies through an abortion would be deprived of the opportunity to have an abortion if HB 2 is upheld by the United States Supreme Court. However, a law that regulates or prohibits abortion does not become unconstitutional simply because of opposition by the abortion industry since these laws can be constitutionally permissible if these laws are not prohibited by the United States Constitution and if proper procedure was followed by the legislature and the governor in passing these laws. In addition, the United States Supreme Court should uphold HB 2 if it determines that the provisions of HB 2 are permitted under the United States Constitution, even if there is opposition to HB 2 by Texas abortion providers.

The majority of pregnant women who are seeking to end their pregnancies through an abortion choose to do so because they do not want to take care of their unborn children after birth. Having an abortion and raising the child on her own after birth are not the only options available for a woman who is in an unplanned, unwanted, or crisis pregnancy because she also has the option to give up her unborn child for adoption if she does not want to take care of her unborn child after birth. In addition, the denial of an abortion to a pregnant woman who is in a unplanned, unwanted, or crisis pregnancy is not unreasonable if the mother is able to safely carry the pregnancy to the stage at which her unborn child is likely to be viable outside of the womb with proper medical care, if the mother is able to safely deliver her unborn child alive with proper medical care, if the mother has access to proper prenatal medical care, and if the mother is able to transfer legal custody, physical custody, and financial responsibility to another individual who can take care of her child after birth if she does not want to take care of her unborn child after birth. Furthermore, there is always the risk that a pregnant woman will not be able to abort a pregnancy that is already at the stage at which her unborn child is viable outside of the womb, even if abortion is perfectly legal for any reason during all nine months of pregnancy, because there is always the risk that she will go into labor prematurely.

Improving access to pro-life crisis pregnancy assistance for women who are in unplanned, unwanted, or crisis pregnancies in the state of Texas would reduce the demand for abortions in the state of Texas. Additionally, improved access to pro-life crisis pregnancy assistance in the state of Texas will provide real help to pregnant women who would no longer have easy access to abortion if Texas HB 2 is upheld in its entirety by the United States Supreme Court. Furthermore, the plan to improve access to pro-life crisis pregnancy assistance in the state of Texas should include improved access to pro-life prenatal medical care, unemployment assistance to pregnant women who are unable to work because of a complication of pregnancy, improved access to material assistance to a parent of a child who is born as a result of a unplanned, unwanted, or crisis pregnancy, and making it easier for a woman who does not want to take care of her child after birth to give up her child for adoption. Finally, improving access to pro-life crisis pregnancy assistance would send the positive message that abortion is not the only option for those women who are in unplanned, unwanted, or crisis pregnancies.

Texas HB 2 should be upheld in its entirety by the United States Supreme Court, even if some women would be denied abortions as a result of upholding HB 2, because the need and the demand for abortions in the state of Texas can be reduced by improving access to pro-life crisis pregnancy assistance and by making it easier for a pregnant women who does not want to take care of her unborn child after birth to give up her child for adoption. Furthermore, the failure to uphold Texas HB 2 will unnecessarily endanger the lives and health of women who undergo abortions in the state of Texas. Finally, abortion providers who operate abortion clinics in the state of Texas are seeking to have HB 2 declared unconstitutional in order to increase their profits and to avoid the expense of having to upgrade their existing abortion clinics or to relocate to new abortion clinics that meet the new standards.

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