While a three-judge panel of the same appeals court blocked enforcement of the law last year, the judges in Wednesday’s majority opinion said that viewing the law, known as SB8 in court records, “through a binary framework—that either D&Es can be done only by live dismemberment or else women cannot receive abortions in the second trimester—is to accept a false dichotomy.”
“Instead, the record shows that doctors can safely perform D&Es and comply with SB8 using methods that are already in widespread use,” the judges added.
Abortion advocates have argued that dilation and evacuation is one of the safest abortion methods in the second trimester of pregnancy, and that fetuses are not able to feel pain during the pregnancy period specified in the Texas law.
Have I read that right? Someone actually went to court to argue that killing the fetus first isn’t right, it should be chopped up while alive?
OK, OK, yes, it’s not a full human being, it doesn’t have constitutionally protected rights and all that. But seriously? A court argument “We must be allowed to chop ’em up alive”?