The Supreme Court Just Very Clearly Called Bullsh*t on

New Post Public Reply Private Reply Replies (0) Message Board

Jun 27, 2016 at 5:47 PM

Quote:

The Supreme Court Just Very Clearly Called Bullsh*t on Texas

Breaking down the biggest reproductive rights case in decades.

BY CHARLES P. PIERCE
JUN 27, 2016

OK, so I've figured it out. If you want to get Justice Anthony (Weathervane) Kennedy on board on a contentious social issue, you have to get him in June, when Washington reverts to its original meteorological role as a marble-encased skillet.

Last June, Kennedy joined the majority (and wrote the majority opinion) in the case that legalized marriage equality nationally.

On Monday, he joined a 5-3 majority in what possibly is the biggest victory for the right to choose since Roe v. Wade itself. In the case of Whole Woman's Health v. Hellerstedt, the Court absolutely eviscerated the mock concern for women's health as manifested by the phony anti-choice regulations imposed by the state of Texas.

There are a few other states that have engaged in this chicanery, too. It's hard to see how similar regulations survive there, either.
Writing for the majority, Justice Stephen Breyer spent a great deal of complicated legalese to demonstrate that he and his fellow members of the majority did not arrive in chambers that morning on a turnip truck.

Quote:

"The surgical-center requirement also provides few, if any, health benefits for women, poses a substantial obstacle to women seeking abortions, and constitutes an 'undue burden' on their constitutional right to do so."

Justice Ruth Bader Ginsburg minced even fewer words.

Many medical procedures, including childbirth, are far more dangerous to patients, yet are not subject to ambulatory surgical-center or hospital admitting-privileges requirements. See ante, at 31; Planned Parenthood of Wis., 806 F. 3d, at 921–922.

See also Brief for Social Science Researchers 9–11 (comparing statistics on risks for abortion with tonsillectomy, colonoscopy, and in-office dental surgery);

Brief for American Civil Liberties Union et al. as Amici Curiae 7 (all District Courts to consider admitting- privileges requirements found abortion "is at least as safe as other medical procedures routinely performed in outpatient settings".

Given those realities, it is beyond rational belief that H. B. 2 could genuinely protect the health of women, and certain that the law "would simply make it more difficult for them to obtain abortions."

Planned Parenthood of Wis., 806 F. 3d, at 910. When a State severely limits access to safe and legal procedures, women in desperate circumstances may resort to unlicensed rogue practitioners, faute de mieux, at great risk to their health and safety.

(You gotta love faute de mieux there, by the way.)

What has become clear over the last two weeks is that, since the death of Antonin Scalia, for whatever reasons, Kennedy seems to have discovered just how far to the right Republican politics and Republican policies have drifted.

He joined in the majority opinion on the Fisher 2 affirmative action case. That case never should have reached his desk in the first place.

And now, with this one, he and the other four people who made up the majority looked at the pious nonsense about women's health behind these laws and called bullshit very clearly.

At the very least, the concept of "undue burden" as stated in Planned Parenthood v. Casey is much more clearly defined, and not in a way that's going to make the anti-choice charlatans happy.

If you're looking for What This All Means in regards to importance of the Court in the presidential election, you can check out Justice Clarence Thomas' dissent.

"The Court has simultaneously transformed judicially created rights like the right to abortion into preferred constitutional rights, while disfavoring many of the rights actually enumerated in the Constitution…But our Constitution renounces the notion that some constitutional rights are more equal than others. ... A law either infringes a constitutional right, or not; there is no room for the judiciary to invent tolerable degrees of encroachment.

Unless the Court abides by one set of rules to adjudicate constitutional rights, it will continue reducing constitutional law to policy-driven value judgments until the last shreds of its legitimacy disappear."

Yeah, he's not happy.

Curiously, although the decision came down almost at the moment the rally in Cincinnati kicked off, neither Senator Professor Warren nor Hillary Rodham Clinton mentioned it at all from the podium.

I'm sure this had nothing to do with Cincinnati and its surrounding area long being a hotbed of anti-abortion activism. I am such a terrible cynic.

Newer

Older

Scroll down for more posts ▼

Top 10 Most Recent News Articles

FBI Vet Marcus Thomas Joins Re-fined Nonprofit Board

Remember the days when the FBI felt like a mythical fortress of surveillance and high-tech wizardry? Today, we're seeing one of its key veterans, Marcus Thomas, take a different path—a path that's as gritty and necessary as any Wall Street hustle. He's jumping onto the board of Re-fined, a Denver nonprofit aiming to give survivors of sexual exploitation and human...

Saudi Arabia Unveils CEER's Flagship Electric Vehicles

CEER's Ambitious Leap in Automotive Innovation There's a new kid on the automotive block, and it's making some serious noise. Straight out of Jeddah, CEER has just taken the wraps off their flagship electric sedan and SUV, dubbed the EXOBOT. No small beans here—this is a full-throttle, Saudi-driven pitch into the global automotive circus. And why not? There's oil in...

Beemo, Choreo Forge AI Partnership for Wealth Management

AI's New Role in Wealth Management Just when you think you've seen it all, along comes a partnership that shakes things up. Beemo Automation is teaming up with Choreo, a heavyweight in the tax-focused registered investment adviser world, to infuse some AI prowess where it matters. Choreographing their moves, they're looking to build something that's not just functional...

Handshake Introduces AI Skills Studio at NYSE Event

Shaking Up the Job Market with AI Skills What's shaking things up this time around? Handshake's dramatic unveiling of its AI Skills Studio, that's what. While the world spins on its financial axis, Handshake's showing up with a toolkit that's not just geeky gobbledygook. They're dead set on prepping job seekers with the nitty-gritty of AI know-how hosted in a rather...

iFranchise Holds Top Spot in Consulting for 8 Years

iFranchise's Unyielding Dominance in Franchise Consulting Five seconds in the franchise game, and you'd know that staying on top is a grind. But when you're iFranchise Group, it seems like the eighth time is the charm—if there ever was a need for luck. These folks have secured the number one spot in Entrepreneur magazine's Top Franchise Suppliers ranking yet again....

ScriptSafe Revolutionizes Pharmacy Payment & Ad Certification

Pharmacy Certification Made Easy When ScriptSafe rolled out its certification service for pharmacies, it felt like the industry's straitjacket was finally coming off. We’re talking about a process that traditionally took months, cost a small fortune, and made pharmacies fill out forms like they were honing a doctoral thesis. But now, you've got ScriptSafe offering a...

Matchi Debuts Protein-Packed Matcha Lattes in Cans

A New Twist on Protein Beverages Today, Matchi Global LLC is rolling out something new and bold: canned protein matcha lattes. It's not just another protein shake disguised in green robes. Oh no, this is a straight-up attempt to mesh pure ceremonial-grade matcha with a full 20 grams of complete filtered milk protein. And they’re delivering it all without any of those...

2026 Beauty Icon Awards: Honoring Black Beauty Excellence

When it comes to honoring legacy and future within the Black beauty industry, the 2026 Beauty Icon Awards seem ready to steal the spotlight. Set to take place on October 10th at Atlanta's Riverside EpiCenter, this gathering is more than just a fancy shindig – it's a tribute to Black beauty's massive influence on culture and commerce. Celebrating Pioneers and Innovators...

Holland America Overhauls Half Moon Cay Offerings

A Fresh Chapter for Half Moon Cay Mark it down, folks—Holland America Line is shaking things up over at RelaxAway, Half Moon Cay. The cruise line, known for its deep roots in premium cruising, is pouring resources into its private island playground to celebrate its 30th anniversary in 2027. And the timing couldn't be more calculated, what with peak cruise season around...

ABnet Touts Anthropic's AI in Corporate Evolution

Changing the AI Game in Enterprise At the heart of Tel Aviv-Yafo, ABnet Communication Ltd. is spitting fire, and this ain't your average tech chatter. They're drilling right down to the marrow, stressing just how much Anthropic—kingpin of advanced AI for enterprises—is shaking up the corporate shell game. Today’s conversation leans heavily into autonomous AI, and...