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Supreme Court Let Stand Rulings Favoring Planned Parenthood

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  • Supreme Court Let Stand Rulings Favoring Planned Parenthood

    https://www.bloomberg.com/news/artic...ned-parenthood

    Supreme Court Let Stand Rulings Favoring Planned Parenthood

    Justice Brett Kavanaugh cast the pivotal vote as the U.S. Supreme Court rejected appeals from two states seeking to cut off Medicaid payments to their local Planned Parenthood chapters.

    Kavanaugh voted to leave intact lower court rulings that let Planned Parenthood sue Kansas and Louisiana to try to preserve the Medicaid funds. Justices Clarence Thomas, Samuel Alito and Neil Gorsuch said Monday they would have heard the appeals, which contended the federal Medicaid law doesnít allow lawsuits by providers who are kicked out of the program.
    Pete (wonders if people who were convinced Kavanaugh would be the end of abortion in America will notice this)


  • #2
    Thomas was pretty grumpy about this, but, as Planned Parenthood pointed out, this is all about preliminary injunctions and not merits.

    that says, the states' argument that individuals, or providers, shouldn't have the ability to sue because it "would upset the delicate balance between the states and Medicare" is a shitty, legalistic argument at best. If there is an issue that profoundly affects me in a negative fashion, why should i not have recourse through the courts?

    the argument that it would clog up the courts is their own damn fault for making such a slow and convoluted system in the first place.

    rules should never take precedence over people.
    "Whenever you find yourself on the side of the majority, it is time to pause and reflect." ĖMark Twain

    Comment


    • #3
      It's like drawing up a contract that says the other party can't sue under the contract.

      skooly (snorts)
      "I guess I just hate the fact there is public property at all." - Mr. Raceboy.

      Comment


      • #4
        Some notes:

        The justices who voted to reject the appeals made no comment. In addition to Kavanaugh, that group included the courtís fifth Republican appointee, Chief Justice John Roberts, as well as the four liberal justices.
        We don't actually know this. We merely know that only 3 justices dissented. There's no written opinion as to why certiorari wasn't granted, nor is there any evidence who voted "against" it. That's not how it works.

        Kavanaugh voted to leave intact lower court rulings...
        Also strictly not true. Assuming that Kavanaugh is a die-hard anti-abortionist, he may have refused to grant certiorari because he though the cases were losers and would set bad precedent. We don't know for sure.

        two states
        Probably the best reason not to grant certiorari at this stage. Two states is not a circuit split, particularly when both are in agreement. This issue is not yet ripe for debate before Supreme Court.

        Pete (thinks Thomas's dissent is misplaced and premature)

        Comment


        • #5
          I think it only takes 4 justices to grant cert. so if 3 dissented, that implies that all the others were lined up to deny cert (unless Iím wrong).
          For every ailment under the sun - There is a remedy, or there is none;
          If there be one, try to find it; If there be none, never mind it. -- Mother Goose

          "Weíve always assumed that you canít bring back the dead. But itís a matter of when you pickle the cells." -- Peter Rhee

          Comment


          • #6
            Originally posted by dusty View Post
            I think it only takes 4 justices to grant cert. so if 3 dissented, that implies that all the others were lined up to deny cert (unless Iím wrong).
            No, you're right. I'm just highlighting the difference between "voting against" and "not voting for." It wasn't either/or, so the 2 "Republican judges" didn't necessarily have to vote in favor of Planned Parenthood, they merely had to demur.

            Pete (thinks that's a notable distinction)

            Comment


            • #7
              Originally posted by Plezercruz View Post

              No, you're right. I'm just highlighting the difference between "voting against" and "not voting for." It wasn't either/or, so the 2 "Republican judges" didn't necessarily have to vote in favor of Planned Parenthood, they merely had to demur.

              Pete (thinks that's a notable distinction)
              yes definitely. I don't think this can necessarily count as Evidence that Kavanaugh isn't looking to overturn or undermine Roe. The activists in the court (on any side, on any issue) don't want to take a case only to have the other side have the majority and so the decision goes against them. They will wait for a more attractive opportunity, for a better case to come along where they can more likely sway a majority to their position.

              dusty (reads more into instances of granting cert than of denying it, but reads the most into actual merits decisions)
              For every ailment under the sun - There is a remedy, or there is none;
              If there be one, try to find it; If there be none, never mind it. -- Mother Goose

              "Weíve always assumed that you canít bring back the dead. But itís a matter of when you pickle the cells." -- Peter Rhee

              Comment


              • #8
                Originally posted by dusty View Post

                yes definitely. I don't think this can necessarily count as Evidence that Kavanaugh isn't looking to overturn or undermine Roe. The activists in the court (on any side, on any issue) don't want to take a case only to have the other side have the majority and so the decision goes against them. They will wait for a more attractive opportunity, for a better case to come along where they can more likely sway a majority to their position.

                dusty (reads more into instances of granting cert than of denying it, but reads the most into actual merits decisions)
                Agreed. I actually said that above.

                Pete (has nothing more to add)

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