Kansas: Judge Blocks Abortion Rules
A federal judge issued a preliminary injunction on Friday preventing new regulations from taking effect that would have forced the closing of two of the state’s three abortion clinics. The clinics have been unable to meet requirements of the regulations, which were issued this month and were supposed to take effect on Friday. A third clinic, operated by Planned Parenthood, was granted a license this week. In an hourlong hearing in District Court in Kansas City, lawyers for the state argued the regulations represented an appropriate way to protect the safety of patients, while lawyers for the clinics called them unnecessarily onerous. The judge, Carlos Murgia, noted that one provider had turned down two women seeking abortions because of fetal abnormalities as evidence that there would be irreparable harm if the regulations were allowed to go into effect pending the outcome of the case. [emphasis mine]
This is reminiscent of the legal doctrine of "wrongful life"- the doctrine that a physician can be sued for failing to diagnose a prenatal condition that would have led to abortion. The provision of an opportunity to kill the handicapped is an obligation, and failure to provide the opportunity to kill is legally actionable.
It is based on the doctrine that there is life unworthy of life. Officials and doctors were tried for enforcing this doctrine at Nuremberg, and hanged.