Opinion: Brett Kavanaugh Just Declared War on Roe v. Wade - - PressFrom - US
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OpinionBrett Kavanaugh Just Declared War on Roe v. Wade

17:51  08 february  2019
17:51  08 february  2019 Source:   slate.com

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To Justice Brett Kavanaugh , it does not. Kavanaugh so disagreed with the majority that he wrote a dissent explaining why the Louisiana law should be allowed to move forward—an opinion that should not be taken as anything less than a declaration of war on Roe v . Wade .

Kavanaugh just also has a lot of mysterious debts that suddenly disappeared, and a corrupt bargain that was struck to get him in in the first place. But but but, he promised Senator Collins that he considered Roe v Wade settled. I guess as long as he can rationalize away any decision with Bullshit

Brett Kavanaugh Just Declared War on Roe v. Wade© Provided by The Slate Group LLC U.S. Supreme Court Justice Brett Kavanaugh Pool/Getty Images

Editor’s note: The opinions in this article are the author’s, as published by our content partner, and do not necessarily represent the views of MSN or Microsoft.

On Thursday night, the Supreme Court blocked a stringent Louisiana abortion law by a 5–4 vote, with Chief Justice John Roberts joining the liberals to keep the measure on hold. Roberts’ vote is surprising, but not a total shock: The Louisiana statute is a direct violation of the Supreme Court’s 2016 ruling in Whole Woman’s Health v. Hellerstedt, and until the court overturns that decision, the Louisiana law cannot take effect. To Roberts, this precedent matters. To Justice Brett Kavanaugh, it does not. Kavanaugh so disagreed with the majority that he wrote a dissent explaining why the Louisiana law should be allowed to move forward—an opinion that should not be taken as anything less than a declaration of war on Roe v. Wade.

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To Justice Brett Kavanaugh , it does not. Kavanaugh so disagreed with the majority that he wrote a dissent explaining why the Louisiana law should be allowed to move forward—an opinion that should not be taken as anything less than a declaration of war on Roe v . Wade .

Brett Kavanaugh will vote to strike down Roe v . Wade the minute he gets the opportunity, and activists around the country should already have a strategy ready to pressure Roberts to uphold the Court’s legitimacy (again) once this inevitability arrives on the Supreme Court’s docket.

Thursday’s case, June Medical Services v. Gee, should be an easy one. It is a challenge to a Louisiana law that is nearly identical to the Texas statute invalidated in Whole Woman’s Health. Louisiana, like Texas, compelled its abortion providers to obtain surgical privileges at a hospital within 30 miles of their clinic. These privileges are often difficult if not impossible to obtain—hospitals can, and do, deny them because they oppose abortion. More importantly, they provide absolutely no medical benefit to women, as the Supreme Court ruled in Whole Woman’s Health. Because these measures impose a substantial burden on abortion providers (and their patients) while providing no benefit to women, the court found them to be unconstitutional.

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Just The Facts. The Heavens Declare . Out of left field. Brett Kavanaugh 's war on Roe v . Wade . Bill Blum is aghast at justice's written opinion on Louisiana abortion-clinic case. Even before Dr. Christine Blasey Ford testified in late September that Kavanaugh had tried to rape her in 1982

Brett Kavanaugh 's abortion stance has provoked concern on the left and the right as some feel Roe v . Wade hangs in the balance. He hasn’t said much specifically about Roe v . Wade though in public forums. He was cautious about what he said about Roe during his previous confirmation hearing to

Then, in 2018, Justice Anthony Kennedy, who cast the fifth vote in Whole Woman’s Health, retired. He was replaced by Kavanaugh, who has a history of upholding abortion restrictions while claiming fidelity to Roe. In anticipation of Kavanaugh refusing to apply abortion precedents, the 5th U.S. Circuit Court of Appeals refused to enforceWhole Woman’s Health. Instead, it asserted (falsely) that the Louisiana law does provide some benefit to women (it does not) and that it doesn’t impose a serious burden. (It does: The law would likely shutter two of Louisiana’s three abortion clinics.) Clearly, the conservative 5th Circuit thought it could overturn Whole Woman’s Health on its own, and trust the Supreme Court to play along.

In the lead-up to this week’s decision, Roberts’ vote was an open question. I wrote last week that his “vote on this emergency appeal will reveal how aggressively the chief justice wants to attack abortion access—and whether he’s willing to sacrifice the rule of law to nullify Roe as fast as possible.” On Thursday, we got our answer. While the chief justice dissented from Whole Woman’s Health, he does not seem disposed to let a lower court simply ignore it.

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Committee, Brett Kavanaugh pledged that if he became the 114th Justice of the U.S. Supreme Court, he Just four doctors staff the clinics, and only one has the requisite admitting credentials. Although a federal district court judge declared the Louisiana law unconstitutional, the Fifth Circuit legal-affairs columnist Mark Joseph Stern, is nothing less than “a declaration of war on Roe v . Wade .”

" Kavanaugh has declared war on Roe v . Wade ," wrote Slate legal affairs journalist Mark Joseph Stern after the high court's 5-4 decision, in which Chief Justice John Roberts joined the court's liberal justices in voting to block the law, while Kavanaugh sided with Justices Neil Gorsuch, Clarence Thomas

Kavanaugh feels quite differently. In his dissent, he focused on the fact that, according to the 5th Circuit, Louisiana’s abortion providers did not try hard enough to obtain surgical privileges. That should not matter, because Whole Woman’s Health says the requirement that doctors get privileges in order to perform abortions is unconstitutional, as it bestows no benefit onto patients. Kavanaugh, though, disregarded that conclusion and wrote that the doctors should work harder to get these pointless privileges.

The most astounding aspect of Kavanaugh’s dissent is its credulous belief in Louisiana’s ostensible benevolence toward abortion clinics. He noted that, if the law takes effect, “there will be a 45-day regulatory transition” before it is applied. He also says that Louisiana promised not to “move aggressively to enforce the challenged law” during this period. Kavanaugh accepted the state’s pinky-promise not to swiftly close the clinics—even though they have spent months fighting for the ability to do precisely that. At the end of 45 days, the justice wrote, if the doctors still can’t obtain the privileges, they can go back to district court and start the fight anew.

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Brett Kavanaugh looks on as Donald Trump announces him as his nominee to the Supreme Court in But there is little doubt that Kavanaugh will gut Roe at the first opportunity. Indeed, he has already provided In an irate conclusion, Kavanaugh condemned his colleagues for declaring that “unlawful

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This is classic Kavanaugh. On the U.S. Court of Appeals for the District of Columbia Circuit, Kavanaugh had a penchant for pretending to apply Roe while finding arbitrary reasons to uphold abortion restrictions. Kavanaugh let the Trump administration prevent an undocumented minor from terminating her pregnancy, on the laughable theory that she could find a sponsor who would remove her from government custody, where she could reassert control over her body. It was a pseudo-moderate procedural solution that had the effect of denying the undocumented minor abortion access altogether. Here, Kavanaugh made the same play, pretending like he’d found a reasonable middle ground that, in reality, serves to rubber-stamp unconstitutional abortion laws.

No one should mistake Kavanaugh’s dissent as a genuine compromise. There will always be a way to uphold an abortion law while insisting that somehow, someday, women might still find a legal way to terminate their pregnancies. This kind of maneuvering is alarming, as it could allow the Supreme Court to chip away at Roe without the public paying much attention. At least for now, Roberts is inclined to adhere to Whole Woman’s Health, perhaps out of a concern for institutional legitimacy. But his junior colleague has made it quite plain that he is gunning for Roe. Don’t believe the lip service Kavanaugh paid to precedent on Thursday. He is ready and willing to let states regulate abortion out of existence.

Read More

Illinois lawmakers pass two bills to "modernize" abortion laws.
The bills are part of a handful around the country that addresses abortion, spurred by uncertainty surrounding the fate of Roe v. Wade . require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); Illinois' first bill, dubbed the "Reproductive Health Act," would repeal a host of non-functioning anti-abortion access laws that live on the state's law books. Even though Roe v.

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This is interesting!