The Power to Regulate Is the Power to Destroy

For decades free market
advocates argued that the runaway regulatory state threatened people’s
freedom by excessively regulating almost every aspect of life. And for
years liberals and those on the Left generally dismissed such concerns
as mere pro-business propaganda. Now, though, conservative pro-life legislators
are turning the tables and it is the liberals turn to preach against noxious
regulations.

So far this year more than
a dozen bills have been introduced in state legislatures seeking to apply
the sort of excessively detailed, hard-to-comply-with regulations that
apply to most businesses to abortion clinics . According to the Center
for Reproductive Law and Policy, laws creating new regulations and reporting
requirements for abortion clinics were introduced in Arizona, Arkansas,
California, Florida, Indiana, Kansas, Louisiana, Minnesota, Nebraska,
Oklahoma, Texas and Virginia. What sort of regulations would these bills
create?

In February, Louisiana Gov.
Mike Foster called for unannounced inspections of abortion clinics following
a television report on unsanitary conditions at a Baton Rouge abortion
clinic. Some of the bills attempt to specify rules for lawn care the abortion
clinics must follow while others dictate the widths of doors or set minimum
staffing requirements that would be very expensive for most clinics to
meet. Additionally almost all of the bills add numerous additional reporting
procedures.

The Family Research Council,
a pro-life group, acted as if it was under the influence of Ralph Nader
earlier in the year when it called for Congress to hold public hearings
on the safety of abortions. The Family Research Council also wants abortion
clinics to keep better post-operation track of women who have abortions.
This despite the fact that only 0.3 women die per 100,000 abortion procedures
and the risk of major complications for abortion procedures is less than
one percent according to the Kaiser Family Foundation. How long will it
be until the conservative FRC demands a national registry of women receiving
abortion services?

As CPRLP staff attorney Bonnie
Scott Jones summed up the real purpose of the regulations: “This is clearly
a way to very seriously hinder women’s access to abortion by imposing
laws that on the surface seem innocuous.” Those last two words “seems
innocuous” highlights the problem that liberals will face defending clinics
from onerous regulation. For decades consumer advocates have essentially
told the American people that all regulation is “innocuous” and those
who oppose such regulations are motivated by greed and a coarse attitude
toward the safety, health or happiness of others. Now conservative pro-life
groups have come up with a method to use that weapon against abortion
clinics.

And the pro-life groups using
this tact should be ashamed. The FRC joins a long list of groups such
as Common Cause that, when it was unable to convince people based on the
merits of the argument, turned to the heavy hand of government regulation
to enforce its will and restrict choice for others.

Hounding to death a legitimate
business through execessive regulation is never admirable whether done
for a liberal or conservative cause.

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