Supreme Court won't consider state efforts to defund Planned Parenthood

[Elderberry]

USA Today by Richard Wolf,12/10/2018

WASHINGTON – The Supreme Court refused Monday to consider efforts by Republican-led states to defund Planned Parenthood.

Three of the court's conservatives – Associate Justices Clarence Thomas, Samuel Alito and Neil Gorsuch – dissented and said the court should have taken up the issue.

More: https://www.usatoday.com/story/news/politics/2018/12/10/defunding-planned-parenthood-supreme-court-wont-hear-case/1777972002/

[txradioguy]

The Supreme court is becoming as risk averse and unwilling to tackle the hard issues facing this country as the Congress Critters just across the plaza from them.

[Oceander]

Which way did Justice Kavanaugh vote?

[Elderberry]

Which way did Justice Kavanaugh vote?

I could not find the individual votes. Only the dissents were listed.

[Sanguine]

I could not find the individual votes. Only the dissents were listed.

So, I guess that means he voted against taking up the issue.   

[mystery-ak]

Kavanaugh Joins Liberals To Protect Pro-Planned Parenthood Ruling
https://dailycaller.com/2018/12/10/planned-parenthood-kavanaugh/

[Sanguine]

Kavanaugh Joins Liberals To Protect Pro-Planned Parenthood Ruling
https://dailycaller.com/2018/12/10/planned-parenthood-kavanaugh/

Dammit, dammit, dammit!  I was not convinced he was a good pick to start with, and this is pretty much the definitive case to determine that from.

[mystery-ak]

Dammit, dammit, dammit!  I was not convinced he was a good pick to start with, and this is pretty much the definitive case to determine that from.

SCOTUS just decided not to hear the case..

[Sanguine]

SCOTUS just decided not to hear the case..

But, wouldn't you think this is one of the cases they should hear?

[txradioguy]

So, I guess that means he voted against taking up the issue.   

Well if only three Justices dissented...that means 6 voted the other way...Kavanaugh included.

[Applewood]

Roberts, the alleged conservative, also sided with the liberals.  Are he and Kavanaugh going to be BFFs now? 

I just think  it's cowardice.  They don't want to tackle the issue now, so they are putting it off.  Too bad there is no way to force them to decide.  It's a great job being on SCOTUS.  What other job allows you to pick the tasks you want to do?

[mystery-ak]

But, wouldn't you think this is one of the cases they should hear?

Yes....very disappointing..

[txradioguy]

Roberts, the alleged conservative, also sided with the liberals.  Are he and Kavanaugh going to be BFFs now? 

I just think  it's cowardice.  They don't want to tackle the issue now, so they are putting it off.  Too bad there is no way to force them to decide.  It's a great job being on SCOTUS.  What other job allows you to pick the tasks you want to do?

And whether it's Planned Parenthood...2nd Amendment issues or Immigration...when the court refuses to tackle the tough cases such as this one it allows the lower courts to run wild...circumvent and in some cases outright ignore previous rulings made by the SCOTUS on some of these issues (see Heller).


People want to scratch their heads and wonder how a lower court can stop the President or the Congress from implementing laws and orders that they pass and write....THIS is how that happens.

[jmyrlefuller]

Kavanaugh Joins Liberals To Protect Pro-Planned Parenthood Ruling
https://dailycaller.com/2018/12/10/planned-parenthood-kavanaugh/

But the courts...

[jmyrlefuller]

Roberts, the alleged conservative, also sided with the liberals.  Are he and Kavanaugh going to be BFFs now? 

I just think  it's cowardice.  They don't want to tackle the issue now, so they are putting it off.  Too bad there is no way to force them to decide.  It's a great job being on SCOTUS.  What other job allows you to pick the tasks you want to do?

The worst part is, many of us here and elsewhere had these very same reservations about Kavanaugh before he was nominated. Unfortunately, those concerns were immediately shouted down when Trump officially nominated him, because too many *wanted* Kavanaugh to be the tipping point that started to undo the Warren Court.

We also have Christine Blasey Ford to thank for creating a sideshow that made it impossible for those on the right to criticize Kavanaugh without looking like moles.

[TomSea]

Clarence Thomas was very strong in his dissent. Well done to Justice C. Thomas.

Thomas is beyond intimidation.

[TomSea]

Trump gave an EO to allow states to defund. I'm not positive this is related to this though, Louisiana still made the decision to defund because of the undercover videos that showed PP doing certain dubious things.

[Sanguine]

Clarence Thomas was very strong in his dissent. Well done to Justice C. Thomas.

Thomas is beyond intimidation.

You would think Kavanaugh would be too.  He really wants to cozy up to those people who accused him of being an alcoholic sex fiend? 

[Oceander]

BTW, the case had nothing to do with abortion, as Thomas pointed out; it had to do with determining whether there was an implied private right of action that would give rise to a cause of action on the part of a private person if a state removes, or potentially if it fails to list, a particular Medicaid provider in the state’s Medicaid providers list.

There is a circuit split, with several going one way, and one circuit going the other. 

The circuit split should be resolved, of course, but perhaps the justices felt that there would be too much time wasted by all sides on briefing the peripheral issues of abortion, and not enough on briefing the central issues, which do not have much to do with abortion.

[Oceander]

Clarence Thomas was very strong in his dissent. Well done to Justice C. Thomas.

Thomas is beyond intimidation.

What evidence do you have that anyone else was intimidated, and by whom?

[libertybele]

Ok ... I have not read the dissents, but those that refused to hear the case may have decided that this issue is up to the STATES.

[TomSea]

What evidence do you have that anyone else was intimidated, and by whom?

That's easy.

https://dailycaller.com/2018/09/20/kavanaugh-wife-death-threats/

https://www.usatoday.com/story/news/politics/onpolitics/2018/09/20/death-threats-brett-kavanaugh-christine-blasey-ford/1371995002/

Planned Parenthood Action too, a subgroup of Planned Parenthood, seemed to be involved in a lot of the protests against Kavanaugh. I think a lot of that was discussed in the forum 2 months ago.

At least, Gorsuch voted correctly.

I myself wondered a bit about Kavanaugh but I was for him all the same. This is one ruling and hopefully, LA. and KS. can still defund in their state legislatures.

[libertybele]

Each state has a right to accept or reject funding from Medicare on certain issues.  States have rejected $$ from the Feds for funding before.  The states have rights, that is why to me the decision by SCOTUS to force all 50 states to allow gay marriage was disturbing. As much as I don't like the issue of Medicaid funding Planned Parenthood, it's really up to the states.

They obviously didn't rule, but refused to hear the case and again, my hunch is it boiled down to the rights of the states.  They would have had to either rule or rule against states using Medicaid $$ to fund planned parenthood. Eventually this would have opened the door to include all states and possibly encompass in the future the issue of abortion and they didn't want to go there.

[txradioguy]

Each state has a right to accept or reject funding from Medicare on certain issues.  States have rejected $$ from the Feds for funding before.  The states have rights, that is why to me the decision by SCOTUS to force all 50 states to allow gay marriage was disturbing. As much as I don't like the issue of Medicaid funding Planned Parenthood, it's really up to the states.

They obviously didn't rule, but refused to hear the case and again, my hunch is it boiled down to the rights of the states.  They would have had to either rule or rule against states using Medicaid $$ to fund planned parenthood. Eventually this would have opened the door to include all states and possibly encompass in the future the issue of abortion and they didn't want to go there.

The problem is each individual state isn't getting the right to decide right now.  The pro abortion groups went to court over it and there's been a ruling blocking the states enjoined in the lawsuit from defunding PP if they choose.

They liberal activist courts have taken control out of the states hands.  And by the SCOTUS not hearing this case...they've allowed the lower courts to continue to deny each state from making it's own decision.

[TomSea]

When Collins voted for this guy, this was a clue that Kavanaugh might not be the ideal pro-lifer. This one decision does not decide how he will always rule though.  The Court hopefully, will still be conservative but perhaps, sensitive on this one issue.