The following piece was written exclusively for Public Discourse.
When Texas passed SB 8 in 2017, requiring the humane disposition of fetal remains, there ought to have been broad support across the political spectrum. Instead, politics as usual has colored the rhetoric of pro-abortion partisans. And, at the end of January 2018, a US District Court delivered a victory for pro-abortion forces in issuing a preliminary injunction of the law. Among other things, the opinion held that abortion providers had a “substantial likelihood of success” in demonstrating their constitutional claim that Texas’s law violates the Due Process Clause.
But Texas’s humane disposition provisions are not only constitutional (even under the legal regime of Casey), but also a morally laudable response to gruesome revelations about how the abortion industry disposes of fetal remains.
Resisting Civilized Barbarism
In 2015, the Center for Medical Progress (CMP) released undercover videos that shocked many Americans. The videos showed Planned Parenthood higher-ups discussing the purchase and sale of fetal body parts.
While it is true that the videos were edited down to a shorter duration, they were not the misleading hit jobs some media outlets portrayed them to be. The full transcripts were made available, and they confirm the depravity of abortion industry practices. CMP’s videos led to an investigation, a multimillion dollar settlement, and the shutdown of two bioscience companies in California that were unlawfully engaged in for-profit trafficking of fetal parts. Planned Parenthood is currently under federal investigation.