Posted on 12/10/2018 7:35:37 AM PST by GIdget2004
The Supreme Court Monday rebuffed efforts by states to block funding to Planned Parenthood.
It left in place two lower court opinions that said that states violate federal law when they terminate Medicaid contracts with Planned Parenthood affiliates who offer preventive care for low income women.
It would have taken four justices to agree to hear the issue, and only three conservative justices -- Clarence Thomas, Samuel Alito and Neil Gorsuch -- voted to hear the case.
Chief Justice John Roberts and Justice Brett Kavanaugh appeared to side with the court's liberals in not taking up the case -- showing an effort to avoid high-profile abortion-related issues for now.
Roberts and Kavanaugh "likely have serious objections," said Steve Vladeck, CNN Supreme Court analyst and professor at the University of Texas School of Law. "But such votes seem to be a signal that they would rather avoid contentious, high-profile disputes for now, at least where possible."
The case concerned whether states can block Medicaid funds from Planned Parenthood affiliates that provide such women with annual health screens, contraceptive coverage and cancer screening.
(Excerpt) Read more at cnn.com ...
The rules seems to be:
1,) States must comply with the federal government on issues favored by the left.
2.) States may defy the federal government on issues opposed by the Left.
States are free to do whatever they want..
as long as they do what the Federal Government tells
them to do?
See 11, 12 and 13.
You pick your battles, rather than tilt at every windmill that you see. God didn’t just give us morality, He gave us a brain and expects us to use it. I suspect that this (11, 12 and 13) are what is going through Kavanaugh’s mind.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Ironic, isn’t it? The Dems were afraid of Kavanaugh because they thought that he would single-handedly come in and dismantle Roe v Wade.
The Libertarians were afraid of him because he believed that federal power over the states reigned supreme.
Here’s the score so far...
Republicans - 0
Democrats - 0
Libertarians - 1
What does Obama still hold over Roberts and is Kavanaugh now “intimidated” and seeking to placate the Libs, as if to say “see, I am not the ogre you claimed me to be”.
My own view is that the justices do not have a constitutional obligation to play politics and avoid controversial issues just because they are controversial issues. Their only views should be as to the laws and the Constitution, not what is currentlly on anyone’s minds politically.
How very queer, Planned Parenthood always funds money to give to Denocrat political campaigns...
“Who ever claims they didn’t know this would happen is foolish.”
Exactly.
Find me one state that voluntarily rejects any and all Medicaid funding, and I'll relocate there within six months.
And I’ll join you.
>> Chief Justice John Roberts and Justice Brett Kavanaugh appeared to side with the court’s liberals in not taking up the case — showing an effort to avoid high-profile abortion-related issues for now.
FOR NOW.
Yes, my initial reaction was negative, but after a bit of thought, I prefer to remain optimistic. My optimistic take on this is that they are conscious of timing, optics. And perhaps they are also waiting for another Trump appointment to SCOTUS.
Better to avoid (not lose) a battle today and to win the war tomorrow.
I think they are playing the long game. The left has always done that. Maybe conservatives are finally learning how, also.
Lost in all the confirmation hype was the fact Kavanaugh agreed with Garland on 93% of the cases they both ruled together on the DC Circuit.
So the other three judges are way dumber than Kav and Traitor Roberts?
All Kavanaugh went through to become Justice... it was all about abortion then, and one of the first cases was about abortion.
Assume he sided against.... the media would have gone back to “impeachment”... and lit into Trump also. Was this case the one to step out on right out of the chute? Was the timing not right for that yet?
I want to give him the benefit... was there a good reason to side the way he did because of the way the case was brouoght and the way it was presented? Otherwise, he missed a good chance to prove he is who Trump thought he was.
It’ll come up again. This was a weak case.
Maybe Kavanaugh didn’t learn too much considering his confirmation “hearings”.
DC is all about can-kicking.
Well it looks like we have sheep in wolves clothing once again! When will they ever get the selection for the supreme court right? “ they would rather avoid contentious, high-profile disputes for now, at least where possible.” Disgusting!!
Well, this is ominous, but we won’t have a strong conservative team anyway, until we get at least one more.
It’s obvious that Justice Roberts is going to be sitting with the liberals more often than not. People can change over time, even Supreme Court Justices with long black robes.
“But such votes seem to be a signal that they would rather avoid contentious, high-profile disputes for now, at least where possible.”
Riiiight. Do what’s convenient for YOU two; and screw the innocent babies being snuffed by the millions!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.