You heard that right. The Supreme Court recently ruled in a 5-3 vote that Texas’ laws to ensure the safety of women desiring to kill their unborn babies were unconstitutional. The Whole Woman’s Health v. Hellerstedt case may have been a case about so-called abortion rights, but the court inadvertently gave gun rights advocates something to cheer about.
The majority Hellerstedt decision, in responding to the dissenting justice’s arguments, contended that the law requiring certain sanitary and admittance procedures be followed for abortion clinics to perform their grotesque acts of infanticide could not be based on the Kermit Gosnell scandal (click the link for information about that since we won’t go into detail here), the doctor convicted for murdering three infants who were born alive in a botched abortion. The court said that, in essence, you can’t point to the bad behavior of some to punish the rest.
Gosnell’s behavior was terribly wrong. But there is no reason to believe that an extra layer of regulation would have affected that behavior. Determined wrongdoers, already ignoring existing statutes and safety measures, are unlikely to be convinced to adopt safe practices by a new overlay of regulations. Regardless, Gosnell’s deplorable crimes could escape detection only because his facility went uninspected for more than 15 years…Pre-existing Texas law already contained numerous detailed regulations covering abortion facilities, including a requirement that facilities be inspected at least annually…The record contains nothing to suggest that H. B. 2 would be more effective than pre-existing Texas law at deterring wrongdoers like Gosnell from criminal behavior.
Any future gun control cases could easily reference this case to argue that deterring people who use guns in criminal activities isn’t assured through more gun control. Any so called “assault weapons ban” would be especially vulnerable since they are used in such a minuscule number of shootings. The “gun show loophole” is likewise suspect since criminals intent on buying and selling guns won’t submit to BGC anyway. You don’t stop criminal behavior by punishing law abiding citizens.
The fact is that passing more laws aren’t going to deter someone hellbent on committing heinous crimes. However, those same laws will make it more difficult for law abiding citizens to defend themselves against such people. Without realizing it, SCOTUS just handed us a minor victory.