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The Supreme Court’s Back Alley Runs Through Philadelphia

How the abortion industry became the least regulated in America.

8:59 PM, Jan 24, 2011 • By CLARK FORSYTHE
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The problem is that the Court is a passive institution. It dictated this public health vacuum and now can’t do anything about it.  It can’t regulate. It can’t fill the vacuum it created.  It can only wait on lengthy and expensive cases to get appealed to the Court, and it has imposed conditions that inhibit any case from getting to the Court.

If the history of the past 38 years is replayed in Philadelphia, as it has been in Chicago and other major cities, the current furor will die down, some legislative body might pass new regulations, the ACLU or the Center for Reproductive Rights will file suit, the federal courts will strike down the regulations, the state will use tax dollars to pay attorneys fees to the clinics, the papers will turn a blind eye, and the case will never get to the Justices.

Clarke D. Forsythe is senior counsel of Americans United for Life.

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