Moving on to the first law, it's hard to dispute this part without getting into the whole abortion debate, which I refuse to do. But I will say this; this sounds an awful lot like what the southern states did to get around the 15th amendment (giving blacks the right to vote) back in the early 1900s. In fact, it's the exact same strategy. Both groups were saying 'The act itself cannot now be taken away, so we'll make it as hard as possible to commit the act, while still allowing it to be legal.' It has changed from poll taxes to ultrasound hearings, but the spirit is the same. Furthermore, do the wonderful congressman of Oklahoma realize the scarring effect this could have on a family? Abortion is not an easy decision to make, and to require the parents to listen to the babies heartbeat right before performing the procedure is grotesque and macabre (I can't wait for the comments saying that this is why the procedure shouldn't be performed in the first place).
Luckily, there is no real way this law will pass muster in a court when it is sued for its illegality. The law requires a woman to have an operation performed on her body (the ultrasound) that she does not want. The government has no power to do that. It also requires the doctor to perform the procedure, which it also doesn't have the power to do. Furthermore, I'm unsure, but I bet there are federal laws requiring doctors to disclose all information to their patients. This law would go against that, and federal law always supersedes state laws. The number of ways this law is unconstitutional make it highly improbable that it will stay on the books for long.
So can any of you find any way to defend this law? I will not engage in any debates about abortion, but you're free to comment whatever you want.
So can any of you find any way to defend this law? I will not engage in any debates about abortion, but you're free to comment whatever you want.