nChrist
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« Reply #1 on: June 28, 2016, 11:24:46 PM » |
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________________________________________ The Patriot Post Digest 6-28-2016 From The Federalist Patriot Free Email Subscription ________________________________________
In addition to ensuring that qualified doctors were the only doctors allowed to perform abortion procedures, the Texas abortion law would also have reduced the number of clinics from 42 to 10. The state government had essentially decided that the other 32 locations were unsuitable for medical procedures. Again, Texas was trying to protect mothers and unborn children.
But SCOTUS decided that the restrictions in Texas posed an “undue burden” on a woman’s supposed constitutional right to have unrestricted access an abortion. Aren’t abortion supporters supposed to be worried about “safe” abortions?
Justices Anthony Kennedy, Sonia Sotomayor, Elena Kagan, Ruth Bader Ginsberg and Stephen Breyer delivered the majority opinion, while Samuel Alito, John Roberts and Clarence Thomas dissented. Even a living Antonin Scalia wouldn’t have saved this one.
“We conclude that neither of these provisions offers medical benefits sufficient to justify the burdens upon access that each imposes,” argued Breyer’s majority opinion. “Each places a substantial obstacle in the path of women seeking an abortion, each constitutes an undue burden on abortion access, and each violates the Federal Constitution.”
Following the decision, Obama crowed, “I am pleased to see the Supreme Court protect women’s rights and health today. These restrictions harm women’s health and place an unconstitutional obstacle in the path of a woman’s reproductive freedom.”
And of course Hillary Clinton chimed in, “This fight isn’t over: The next president has to protect women’s health. Women won’t be ‘punished’ for exercising their basic rights.”
Did you catch all of this nonsense? The Texas law violates the Federal Constitution it imposed an unconstitutional obstacle and women’s basic rights won’t be punished.
Exactly which Constitution are these people reading? To be abundantly clear, there is absolutely nothing in the Constitution that secures or provides a woman’s ability to take the life of her unborn child. Period.
Writing in a blistering dissent, Justice Thomas maintained that the majority’s decision “ignores compelling evidence that Texas' law imposes no unconstitutional burden.” Thomas also objected that the decision “perpetuates the Court’s habit of applying different rules to different constitutional rights — especially the putative right to abortion.”
He went further, writing, “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 plaintiff either possesses the constitutional right he is asserting, or not — and if not, the judiciary has no business creating ad hoc exceptions so that others can assert rights that seem especially important to vindicate. A law either infringes a constitutional right, or not; there is no room for the judiciary to invent tolerable degrees of encroachment.”
There is a constitutional right to keep and bear arms, and rights to free speech, due process and private property, among others. Statists go out of their way to impose restrictions and regulations on those rights. But in this case, the black-robed despots declared that Texas cannot impose regulations or restrictions on a right that previous justices created out of thin air.
The majority opinion also addressed the argument that new regulations from Texas would prevent misconduct. Breyer wrote, “There is no reason to believe that an extra layer of regulation would have affected that behavior. Determined wrongdoers, already ignoring existing statutes and safety measures, are unlikely to be convinced to adopt safe practices by a new overlay of regulations.”
If that is the case for abortion, then why doesn’t the Court consistently apply the same reasoning to restrictions on the right to own firearms, or due process, or religion?
Sadly, the Supreme Court’s decision is a severe blow for Texas and those across America who fight for life. And the decision will most likely open up new cases against other states that have passed similar measures. Conservatives in Texas lost this battle, but the war is far from being over. The next battle is the presidential election, which will decide who nominates the next justice(s). Don’t underestimate the importance of the future composition of the courts.
MORE ANALYSIS FROM THE PATRIOT POST
Ecofascists Target Differences of Opinion24 Hillary Clinton’s ‘Accomplishments’25
OPINION IN BRIEF
Dennis Prager: “Every referendum gives people who are not yet controlled by the left the exceedingly rare opportunity to exercise power. That is what the people of California did when they voted to amend their state’s constitution to define marriage as the union of one man and one woman. The left loathed the proposal, characterizing it as ‘hate.’ And after it was passed the left did what it always does when it can: used judges to overturn the popular will. The British nation did last week what the citizens of California had done. They exercised their will independently of the left. Those British whose minds were not yet influenced by the left said that they would rather have Britain stay British and be self-governing than become an identity-free European country governed by Brussels. Thus, the left is now apoplectic. No one should be able to defy the left and get away with it. Just as almost everyone of any prominence who supported California’s Proposition 8 was ultimately punished (like the CEO of Mozilla Firefox, who despite his universally acknowledged fair treatment of gays was targeted with furious attacks solely for supporting the notion that marriage should have remain defined as it had always been, a union between the two sexes). America should have a referendum on whether or not to exit the United Nations, that moral wasteland beloved by the left. In light of Brexit, Republicans should strongly endorse the idea, even if the results aren’t binding.”
SHORT CUTS
Insight: “No one understood better than Stalin that the true object of propaganda is neither to convince nor even to persuade, but to produce a uniform pattern of public utterance in which the first trace of unorthodox thought immediately reveals itself as a jarring dissonance.” —Alan Bullock (1914-2004)
Observations: “By arrogating to itself excessive authority to second-guess legislative efforts to regulate abortion, the Supreme Court has again taken up the role that Justice Byron White warned against in 1976: ‘the country’s ex officio medical board with powers to disapprove medical and operative practices and standards throughout the United States.’ … It is now unmistakably clear that the modus operandi of the Court’s liberal majority is to first side with relatively unrestricted abortion and only then find a legal rationale for doing so. ‘Undue burden’ is now little more than an all-purpose excuse for striking down laws the majority, for ideological reasons, doesn’t like.” —National Review
Upright: “As the Court applies whatever standard it likes to any given case, nothing but empty words separates our constitutional decisions from judicial fiat.” —Justice Clarence Thomas
Alpha Jackass: “Celebrate the [Supreme Court’s pro-abortion] ruling! Go knock someone up in Texas!” —The Daily Show tweet
Belly laugh of the week: “Just look at her history. She’s been on the receiving end of one right-wing attack after another for 25 years. But she has never backed down. … Hillary has brains, she has guts, she has thick skin and steady hands, but most of all, she has a good heart. And that’s what America needs! And that’s why I’m with her.” —Sen. (soon to be VP nominee?) Elizabeth Warren
The BIG lie: “Well, Hillary Clinton has actually been the most transparent secretary of state in our history.” —Clinton campaign manager Robby Mook (Yep, just look at the emails! Oh, wait…)
“A lot of people tell pollsters they don’t trust me. Now, I don’t like hearing that. … You can’t just talk someone into trusting you. You’ve got to earn it. So, yes, I could say that the reason I sometimes sound careful with my words is not that I’m hiding something, it’s just that I’m careful with my words.” —Hillary Clinton
Late-night humor: “Obama is apparently interested in owning an NBA team after he leaves office. You’ll know it’s Obama’s team when they travel too much and never pass anything.” —Jimmy Fallon
Semper Vigilans Fortis Paratus et Fidelis! Managing Editor Nate Jackson
Join us in daily prayer for our Patriots in uniform — Soldiers, Sailors, Airmen, Marines and Coast Guardsmen — standing in harm’s way in defense of Liberty, and for their families.
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