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View Diary: "When you come back in 24 hours, the legal side is over." (116 comments)

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  •  I went Googling around, and think maybe the (11+ / 0-)

    medical associations, either state or national (? not sure) are in charge of bringing charges for practicing medicine without a license.  

    http://www.nlm.nih.gov/...

    "They love the founding fathers so much they will destroy everything they created and remake it in Rush Limbaughs image." MinistryofTruth, 9/29/11

    by AnnieR on Fri Mar 16, 2012 at 02:46:58 PM PDT

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    •  In the case of the Texas law (17+ / 0-)

      which creates a criminal offense, the usual boards might not have much to say about it.

      Failure by the physician to comply with any portion of this statute is a criminal misdemeanor, punishable by loss of license to practice medicine, and a fine of $10,000 per occurrence. Guilt would be decided not by the Texas Medical Board, but by a criminal court.

      The law was enjoined by Federal Judge Sam Sparks on First Amendment grounds (among others), but in January he was overruled by a three-judge panel of the Fifth Circuit Court of Appeals -- which took the most unusual preemptive step of reserving to itself any further appeals to the law on any grounds.

      This thing has gone much further than many people here seem to realize. At this point, asking the AMA to intervene would have about as much effect as a letter to Santa Clause.

      The best that can be hoped for from them is that they get off their complacent butts and try to keep this noxious legislation from spreading to other states -- which it's already doing.

      "Texas is going to shrink government until it fits into a woman's uterus." -- Texas State Sen. Leticia Van de Putte

      by moiv on Fri Mar 16, 2012 at 04:45:37 PM PDT

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      •  So it would take a Democratic majority in the (5+ / 0-)

        TX legislature to turn this odeous law around, since the Republicans made sure to cover all their bases, and got backup from the court of appeals, or in the alternative to hope someday for progressive judges on the appeal court?  This is awful.

        "They love the founding fathers so much they will destroy everything they created and remake it in Rush Limbaughs image." MinistryofTruth, 9/29/11

        by AnnieR on Fri Mar 16, 2012 at 06:01:04 PM PDT

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        •  Yes, it's dreadful (6+ / 0-)

          Very similar measures have been enacted in several other states, though all but the Texas law have been enjoined by federal judges in rulings upheld by appeals courts in their respective districts.  

          The Center for Reproductive Rights is providing legal representation in these various cases, and appeals are pending.

          Eventually, one of these cases is going to end up before the Supreme Court. That ruling will decide this particular issue for all of us.

          "Texas is going to shrink government until it fits into a woman's uterus." -- Texas State Sen. Leticia Van de Putte

          by moiv on Fri Mar 16, 2012 at 08:01:52 PM PDT

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          •  Not really, did you not see the part where the (2+ / 0-)
            Recommended by:
            AnnieR, SuWho

            Fifth Circuit "took the preemptive step of reserving to itself any further appeals to the law on any grounds"?  Just how are you going to get the Texas law before the Supreme Court in such a case?  Having other state's laws, no matter how similar, overturned by SCOTUS will not affect Texas' law until the actual Texas law goes before the Supreme Court (which it can't if the Fifth Circuit issues an injunction prohibiting such an appeal).

            There is no saving throw against stupid.

            by Throw The Bums Out on Fri Mar 16, 2012 at 08:14:48 PM PDT

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            •  Yes, I know about that part (5+ / 0-)
              Recommended by:
              mamamedusa, tytalus, Sharoney, AnnieR, SuWho

              As a patient advocate in a Texas clinic providing abortion care, I work within the strictures of this law every day.

              But since the other states' laws are almost exactly the same as ours, having any one of them struck by the Supreme Court would essentially overturn them all.

              OTOH, the a majority of the Supremes might like this law just as much as the Fifth Circuit does.

              "Texas is going to shrink government until it fits into a woman's uterus." -- Texas State Sen. Leticia Van de Putte

              by moiv on Fri Mar 16, 2012 at 08:42:53 PM PDT

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    •  No, the medical associations are essentially trade (8+ / 0-)

      groups. State government agencies (the Ttexas Medical Board, in this case,) regulate medical practice according to Texas state law. The Texas legislature determines what the law says in Texas. So it's their call, unfortunately. The Texas Medical Association, the American College of Obstetrics & Gynecology, & the AMA can only ask the legislature to change the law.

      -5.12, -5.23

      We are men of action; lies do not become us.

      by ER Doc on Fri Mar 16, 2012 at 06:15:25 PM PDT

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      •  Thank you. Sadly I thought I was on to (4+ / 0-)
        Recommended by:
        tytalus, ER Doc, blueoasis, moiv

        a possible solution here.  

        "They love the founding fathers so much they will destroy everything they created and remake it in Rush Limbaughs image." MinistryofTruth, 9/29/11

        by AnnieR on Fri Mar 16, 2012 at 06:22:15 PM PDT

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        •  That's ok (3+ / 0-)
          Recommended by:
          ER Doc, moiv, AnnieR

          I still support petitioning the AMA to speak out, because I think it might have some effect on the people of Texas if they're told what's going on here. It's not as if they want to walk into their doctor's office and speak with a state legislator about their health problems.

          I think, anyway. Could be wrong!

          "Tide goes in, tide goes out. Never a miscommunication. You can’t explain that." -- Bill O'Reilly

          by tytalus on Fri Mar 16, 2012 at 06:33:48 PM PDT

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          •  Unfortunately, the majority of the people of Texas (6+ / 0-)

            are opposed to abortion rights and are happy to see their legislature do whatever they can get away with to infringe on abortion rights. Unles the people have a major change in attitude, all we can hope for is to wait for a better Supreme Court that might rule that such laws are unconstitutional. That won't happen unless we keep electing Democrats to the presidency. (A supermajority in the Senate or reform of the filibuster rules might need to happen, too.)

            -5.12, -5.23

            We are men of action; lies do not become us.

            by ER Doc on Fri Mar 16, 2012 at 06:55:39 PM PDT

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          •  It would put the legislature in a very (3+ / 0-)
            Recommended by:
            tytalus, ER Doc, AnnieR

            uncomfortable position if the medical professionals spoke up... loudly and repeatedly.

            The modern conservative is engaged in one of man's oldest exercises in moral philosophy;the search for a superior moral justification for selfishness

            by CTMET on Fri Mar 16, 2012 at 07:08:55 PM PDT

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          •  Oh, I dunno (5+ / 0-)
            Recommended by:
            tytalus, Sharoney, matx, AnnieR, SuWho

            Plenty of people are talking to Republican Rep. Sid Miller, the "arthur" of this law. Why, his Facebook page has been buzzing for days now. :)

            Here's some of the latest.

            Arthur = a guy's name. Author = someone who writes books, magazine and/or newspaper articles, etc. I wouls ask if a third-grader wrote that bill, but wait, my bad, a third-grader has better spelling than you do, apparently. I'm glad I don't live in Texas, but I give my support to the ladies that do live there. Go get him, ladies!
            Hey Sid I agree 110% with what you're doing. I only ask that you pursue legislation that places government between a man and his doctor. How about a 72 hour period before a vasectomy? After a rectal probe of course. Keep up the fight my brother!
            I'm not going to play with you, Sid, and pretend to stoke the already sky high fires of your ego then whip out some knowledge on you - everyone else is brilliant at it. I'm just going to call you the Grand High Wizard of the Clan of Government Rape Endorsement and tell you I hope your dick falls off. I don't have it in me to coddle Republicans anymore.
            I'm no expert on vaginas Sid, but I know an a-hole when I see one. You will be lucky to get a job selling used cars after election day.
            All this "sexy talk" is all up in this agricultural post's business because Sid or some poor intern deleted all the messages posted a few days ago. Notice there aren't any Wall happenings from the past two months? Social media doesn't work like a legislature panel: You can't simply filter women out on Facebook, so if you propose a bill that infringes upon their rights and insults their intelligence as decision-making human beings, there is no way to block their protests without de-activating your entire Wall. Post on, people! Post on!
            And there's so much more. Please drop on by Sid's page and join the festivities!

            "Texas is going to shrink government until it fits into a woman's uterus." -- Texas State Sen. Leticia Van de Putte

            by moiv on Fri Mar 16, 2012 at 09:00:27 PM PDT

            [ Parent ]

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