Recent developments in ongoing litigation demonstrate two major points in the national debate over abortion policy and women’s health. First, the Biden administration’s contempt for the U.S. Supreme Court’s ruling in Dobbs v. Jackson Women’s Health Organization is nearly boundless. Second, the Clinton-era canard that pro-abortion advocates want to keep abortion “safe, legal, and rare” can be dispensed with forever.
Example No. 1 is the U.S. Court of Appeals for the Fifth Circuit’s recent ruling that the Biden administration cannot use the federal Emergency Medical Treatment and Labor Act to force emergency-room doctors to perform abortions.
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