The first case, Zubik vs. Burwell, which included Priests for Life vs. HHS and five other cases consolidated with it, was one in which I am a petitioner, and which turned on the question of whether the government has gone too far in expanding abortion. At issue is an HHS mandate that would force me and my organization to be complicit in that expansion. The Court did not resolve the issue but hopes the petitioners and the government can come to a resolution in the lower courts.
The second case, Whole Woman’s Health vs. Hellerstedt, reviewed a Texas law (HB2) and the question of whether the government has gone too far in restricting abortion. Our organization filed a friend of the court brief on behalf of the State of Texas and of women harmed by abortion. The high court struck down the Texas law by a 5-3 decision that said the law posed an undue burden on women seeking an abortion.
The resolution of both cases, actually, should have been rather simple, and neither affects the legality of abortion. In the first case, the pro-life side has argued that the legality of abortion doesn’t mean the government can force someone to participate in it. That would seem to be reasonable. In the second case, the pro-life side has argued that the legality of abortion doesn’t mean the government can’t regulate it to increase the safety of the woman undergoing the procedure. That too, seems reasonable.
Read the entire Op-ed in Townhall: http://townhall.com/columnists/frankpavone/2016/06/29/draft-n2185119