Posted on 06/27/2016 7:10:19 AM PDT by NRx
The Supreme Court struck down Texas abortion restrictions that had caused more than half of the state’s abortion clinics to close.
(Excerpt) Read more at washingtonpost.com ...
It’s time to defy the United States government
With Hillary it's GUARANTEED another 3-4 Ginsburgs.
BTW, what is it with republican presidents picking absolute duds?
Someone listed them earlier.
Souter, Warren, Blackmun, etc.
All turned hard-core leftist.
Not even "nominally" conservative, let alone a follower of the constitution.
How come a liberal appointed judge never "flips" and becomes a strict Constitutionalist?
Great point.
Anti baby killing heroes tried to use the same tactics that statists use with gun control, tobacco control. Incrementalism, small inconveniences, Make their lives miserable until they stop.
They weren’t banning guns or smoking.
Just reasonable restrictions. That’s all we want.
Apparently they are wise to their own game.
Texas should keep enforcing the law regardless.
What can the Supreme Court really do if a state disregards its attempts at totalitarian control?
The silver lining here is that when a woman kills a baby, it damages her body, making it less likely she’ll be able to have a baby at all. And I think the quality that makes some women fall for the abortion propaganda is an inborn personality trait—meaning it is genetic. So the pro-aborts are busy using natural selection to remove the genes that cause one to be pro-abortion from the gene pool.
Extraordinary...so somehow, at least enough justices found something in the Constitution that prohibits states from setting basic standards.
This does, however, expose the lie that it is “medical” treatment, however...since apparently there are no “doctors” who butcher children that have admitting privileges at hospitals.
This is the rationale they came up with. It's extraordinary this guy even has a law degree, let alone a seat on the Supreme Court. Mindless nonsense.
I don’t know what party he is from, but the mis-instruction to the jury seems pretty clear.
Nice quotation.
...
Thomas made an excellent statement in his 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,” Thomas wrote. “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.”
You and me both, but we both know there is no more unclaimed lands to flee to. America was the last bastion against the evil in the world, but now America has become the very evil it once fought against.
The Supreme Court, and the State of Texas, and the lawyers for the State of Texas, and the Texas Legislature, ALL completely avoided the real issue, which is the God-given, unalienable right to life of EVERY individual child, and the U.S. Constitution’s explicit, imperative requirement that EVERY person, in EVERY state, be protected in that supreme right.
“No person shall be deprived of life without due process of law.”
— The Fifth Amendment to the United States Constitution
“No State shall deprive any person of life without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
— The Fourteenth Amendment to the United States Constitution
Well posted Eternal Vigilance
WOW. From Samuel Alito’s dissent.
ACCUSES THE MAJORITY OF “CARPET BOMBING” THE STATE LAW.
“...Under the Supremacy Clause,
federal courts may strike down state laws
that violate the Constitution or conflict with federal statutes, Art. VI, cl. 2,
but in exercising this power, federal courts must take great care.
The power to invalidate a state law implicates sensitive federal-state relations.
Federal courts have no authority to carpet-bomb state laws,
knocking out provisions that are perfectly consistent with federal law,
just because it would be too much bother
to separate them from unconstitutional provisions.”
...
“By forgoing severability, the Court strikes down numer ous provisions that could not plausibly impose an undue burden.
For example, surgical center patients must “be treated with respect, consideration, and dignity.” Tex. Admin. Code, tit. 25, §135.5(a). That’s now enjoined.
Patients may not be given misleading “advertising regard ing the competence and/or capabilities of the organiza tion.” §135.5(g). Enjoined.
Centers must maintain fire alarm and emergency communications systems, §§135.41(d), 135.42(e),
and eliminate “[h]azards that might lead to slipping, falling, electrical shock, burns, poisoning, or other trauma,” §135.10(b). Enjoined and enjoined.
When a center is being remodeled while still in use, “[t]emporary sound barriers shall be provided where intense, prolonged construction noises will disturb pa tients or staff in the occupied portions of the building.” §135.51(b)(3)(B)(vi). Enjoined.
Centers must develop and enforce policies concerning teaching and publishing by staff. §§135.16(a), (c). Enjoined.
They must obtain informed consent before doing research on patients. §135.17(e). Enjoined.
And each center “shall develop, im- plement[,] and maintain an effective, ongoing, organization- wide, data driven patient safety program.” §135.27(b). Also enjoined.
These are but a few of the innocuous re quirements that the Court invalidates with nary a wave of the hand.”
“Any responsible application of the H. B. 2 severability provision would leave much of the law intact. “
“V
When we decide cases on particularly controversial issues,
we should take special care to apply settled procedural rules in a neutral manner.
The Court has not done that here.
I therefore respectfully dissent.”
ALITO, J., dissenting from pages 40 to 43
http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf
Photo from: http://www.supremecourt.gov/about/biographies.aspx
The summary of Justice Thomas’s dissent in Whole Woman’s Health
“***
Today’s decision will prompt some to claim victory, just as it will stiffen opponents’ will to object.
But the entire Nation has lost something essential.
The majority’s embrace of a jurisprudence of rights-specific exceptions and balancing tests is
..... “a regrettable concession of defeat
..... —an acknowledgement that we have passed the point
..... where ‘law,’ properly speaking, has any further application.”
..... Scalia, The Rule of Law as a Law of Rules, 56 U. Chi. L. Rev. 1175, 1182 (1989).
I respectfully dissent.
THOMAS, J., dissenting in “WHOLE WOMAN’S HEALTH v. HELLERSTEDT” page 16
http://www.supremecourt.gov/opinions/15pdf/15-274_p8k0.pdf
Photo from: http://www.supremecourt.gov/about/biographies.aspx
I say if they dont have admitting and surgery privileges the hospitals should deny entry. The liability for a doc that has no right to be admitting patients there is not the hospitals burden.
“Texas should take this opportunity to strengthen protections for women seeking abortions. They should amend laws regarding damages at medical facilities without admitting privileges at local hospitals. The threshold for demonstrating injury should be virtually eliminated for any patient injured at any medical facility without hospital admitting privileges. The burden of proof should shift to the unpermitted surgery center to demonstrate their actions did not contribute to the injury.”
Exactly, bury them in litigation.
He was a Republican.
That’s all the inevitable bad fruit of continuing to countenance mass murder, to regulate it, rather than STOPPING it, as the Constitution of the United States absolutely requires. Perhaps Justice Alito might want to ponder this.
So unreasonable laws cannot be used against abortionists but gun sellers/buyers, go ahead. Right ..|.., read between the lines SCROTUS Commies.
why do Rats want to see women and children die from botched abortions????
I vote for Texit.
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