No, it’s not. It’s the fault of Congress alone; they have failed to act for almost 50 years, even though many (including the left’s favorite justice, Ruth Bader Ginsberg) have noted that Roe v Wade was vulnerable due to its poor foundation.
And yet Congress still can’t get their act together to protect a woman’s reasonable right to choose, although now I think it’s intentional. The Democrats in Congress need to stretch this crisis until the mid-terms in hopes of salvaging the votes that they have lost by their failures (Afghanistan, the economy, inflation, free speech, COVID, etc.).
So how can they do that? By putting forth an abortion bill that will garner no Republican votes (and lose some Democrats as well). If they can’t pass an abortion bill before the election, the Democrats will continue to blame falling access to abortion services on the Supreme Court and their overturning of Roe v. Wade – and by association, on conservatives/Republicans. But in the end they will only be hurting women in the name of politics and power.
The “Women’s Health Protection Act of 2022” (why it’s not called the politically-correct “Birther’s Health Protection Act of 2022” is beyond me) does this by failing to limit the time frame in which an abortion can be obtained, instead applying a subjective viability standard determined solely by the physician. From the bill:
VIABILITY.—The term “viability” means the point in a pregnancy at which, in the good-faith medical judgment of the treating health care provider, based on the particular facts of the case before the health care provider, there is a reasonable likelihood of sustained fetal survival outside the uterus with or without artificial support.
This viability standard is ripe for abuse. What’s to stop an unscrupulous doctor from determining – for a fee – that your third trimester fetus is not viable, thus allowing it to be aborted? If the bill had proposed at least some reasonable viability term – even the 24 week standard in effect under Roe and Casey – it would at least have had a chance. But an undefined standard that effectively allows abortion right up to birth? I don’t think that’s going to garner any Republican (or conservative Democrat) votes.
But of course, it’s not meant to…