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The Supreme Court takes on Abortion- Again

Just a heads up about the arguments that are going to be before the Supreme Court this week on abortion. Check out this enlightening piece by Linda Greenhouse in the NYTimes to see what all the fuss is about. Short summary: The state of Texas is requiring abortion clinics to comply with certain clinic building codes and physician admitting requirements that it doesn’t require of facilities that perform colonoscopies or liposuctions. They’re doing this in the name of “womens’ health”.

The outcome of this case is less certain at this time now that Scalia is dead. There could be a 4-4 tie and the fact that the court watchers are saying that this is a possible outcome confirms to me that Anthony Kennedy is not really that much of a swing voter. In the Casey decision, it was Sandra O’Connor who talked him out of joining the more conservative justices. With Scalia gone, his vote is even less diluted. If the court is tied, the lower court order is upheld which means the facilities will have to comply with the new Texas Law. If that happens, who knows what states will follow. We could be looking at a scenario that we had in the early 70’s when only a few states had abortion clinics and you had to fly to them.

On a related note, Jill Duggar Dillard and her husband are on a mission of their own making to convert the Catholic heathens in one of the central American countries (I can’t remember if it’s Guatemala or Honduras or what). This puts her and her particularly uncompromising version of “christianity” on a collision course with the Zika virus. That’s because the Duggars do not practice any kind of birth control, at all. It goes without saying that abortion is out of the question.

So, when she gets pregnant again, and for all we know, it’s already happened, she’s going to be smack dab in the middle of a crisis from the very beginning of her pregnancy. What complicates this even more is that the Pope recently told women that maybe it’s kinda sorta Ok to not get pregnant. It was a subtle *wink, wink* to go ahead and use birth control because life is harsh enough in poor areas of central and South America without having to raise a microcephalic, blind baby.

Let’s see how long it takes before the Catholic pagans in Jill’s mission run her and her hubby out of town on a rail.

Real meets reality.

 

4 Responses

  1. Man… i’ve been wrong about Hillary. We’ve been eating grass. What was I thinking??

    • Hey BB. Good to see you. And about that grass, there’s whole industries out there to pull a Wizard of Oz on people about grass. The important thing is to figure it out.

  2. The “originalist” judicial movement will surely mean an end to abortion rights, along with many other human rights, if the Republicans keep control of the Court. The “originalists’ are judicial radicals; they argue that nothing not specifically in the Constitution can be granted as a right to all citizens. So many of the Warren Court decisions, including Roe vs. Wade, were based on the idea of “penumbras” which extended out of various Bill of Rights amendments, such as the Fourth or Ninth amendments. The originalists do not believe in a constitutional right to privacy, which was what the Warren Court members believed was a natural extension of the original amendments, and then could encompass the right to abortion.

    This new branch of so-called judical theory is unlike what we saw even out of the Nixon appointees (Blackmun actually became a liberal on the court; Burger was conservative but not nearly as far as the new Republican brand of appointees). If carried to its logical extension, “originalism” will land us somewhere back in the 1840’s; and any state will be able to ban abortion, ban the sale of contraceptives; ban gay rights; ban what they deem as pornography. And people will be able to buy submachine guns at any Costco. Kennedy is somewhat loath to completely overturn Roe, so he allows it to be chipped away. If the Republicans win the election, they will replace Scalia, Kennedy and Ginsburg with “originalists,” and we will be in an awful state. I know that you know all of this, but I do not think that enough so-called “Progressives” realize the stakes. And rest assured that Rubio will be every bit as radical Right as Trump in that regard.

  3. Will Obama appoint a Justice or will he fold?

    If he does will he appease the republicans by appointing a Conservative?

    I’m not holding out any hope he will do what’s right. A Liberal female to further balance the court.

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