Silently running beneath Matthew Kacsmaryk’s legal conclusion is the so-called ‘pro-woman/pro-life’ belief that terminating a pregnancy is a repudiation of God’s gendered order of the universe.
“post-abortion syndrome,” Kacsmaryk gives it legal legs by concluding that because of the “deeply traumatizing” nature of abortion, the pro-life physician-plaintiffs are entitled to “third-party” standing—vesting them with the authority to sue on behalf of their patients who ostensibly cannot speak from themselves.
A body of evidence-based research refutes Kacsmaryk’s characterization of abortion as a ‘deeply traumatizing’ experience, such that women are divested of their ability to speak for themselves. Assuming, however, that Kacsmaryk is correct in his conclusion that the physician-plaintiffs somehow have standing to present their own claims of injury stemming from the FDA’s approval of mifepristone, this does not automatically give them third-party standing to present the claims of their patients. As the
As to the “genuine obstacle” requirement: A body of evidence-based research refutes Kacsmaryk’s characterization of abortion as a “deeply traumatizing” experience, such that women are divested of their ability to speak for themselves. It also firmly establishes that relief is the “predominating” response to abortion, and that the “of women” believe that it “was the right decision for them.
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