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| | |-+  Kavanaugh already going after abortions!
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Author Topic: Kavanaugh already going after abortions!  (Read 1270 times)
dead0man
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« on: December 12, 2018, 07:11:27 am »

link-USA Today
Quote
The Supreme Court refused Monday to consider efforts by Republican-led states to defund Planned Parenthood.

Despite its new, more conservative tilt, the court let stand federal appeals court rulings that allowed the reproductive health organization's patients to contest laws in Louisiana and Kansas that stripped its Medicaid funds.

The courtís refusal to hear the case represents a setback for conservative interest groups in many states that have sought aggressive action against Planned Parenthood and abortion providers in general.

Three of the court's conservatives Ė Associate Justices Clarence Thomas, Samuel Alito and Neil Gorsuch Ė dissented and said the court should have taken up the issue. Chief Justice John Roberts and new Associate Justice Brett Kavanaugh did not join the dissent.

<snip>
wh wha what?  This can't be.  I was told a thousand times that this woman hater would....ahem, "kill" legal abortions.  How could this be?  Is this a clever ruse by the conservatives?



You don't have to actually answer, everybody knows you were wrong (again), just let this fall to the bottom to be forgotten.
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True Federalist
Ernest
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« Reply #1 on: December 12, 2018, 07:56:08 am »

Or it could be that ruling at this stage of the cases involved would have implications far beyond abortion cases.
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Gravelanche
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« Reply #2 on: December 12, 2018, 09:19:23 am »

Yeah, all this tells us is that Kavanaugh isnít going to be ultra-hardline on abortion and go out of his way to try and overturn Roe - which we already knew was likely due to Collinsí statements before she voted to confirm him.

Whether or not heíll actually overturn or severely limit Roe/Casey when a more direct case on it comes up is still an unanswered question, and one that this opinion doesnít really answer.

Roberts, after all, probably does want to overturn/restrict, but he was also not on the dissent (and since certiorari needs 4 of 9, this means both he and Kavanaugh voted against taking up the case).

So the answer is, we really donít know. Speaking from the pro-choice perspective, however, Iím still not optimistic.
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NV less likely to flip than FL
xingkerui
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« Reply #3 on: December 12, 2018, 11:08:15 am »

Let's dispel with this fiction that Republican support for Kavanaugh was about abortion. It was always about "winning" and "sticking it to the libs", which is 99% of the Republican platform in the Trump era.
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God-Empress Brie Larson
Nathan
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« Reply #4 on: December 12, 2018, 05:26:53 pm »

Let's dispel with this fiction that Republican support for Kavanaugh was about abortion. It was always about "winning" and "sticking it to the libs", which is 99% of the Republican platform in the Trump era.

^

Anyway, I'm glad to have firm evidence for the view that I've always held, as a pro-lifer who opposed this little creep from the beginning and still does, that he's a fraud even from a "being pro-life means never having to say you're sorry" point of view.
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Neoliberalbusters
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« Reply #5 on: December 12, 2018, 06:38:00 pm »

Thank god!
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Stranger in a strange land
strangeland
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« Reply #6 on: December 12, 2018, 06:46:12 pm »

From a purely Machiavellian perspective, repealing Roe always has to be one election or one Supreme Court seat away for the Republican base...
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IA more R than GA/TX/OH/FL
IndyRep
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« Reply #7 on: December 12, 2018, 06:54:18 pm »

From a purely Machiavellian perspective, repealing Roe always has to be one election or one Supreme Court seat away for the Republican base...

^^This. And they will fall for it again in 2020, 2024, 2028, etc.

Kavanaugh was supported by Bush and Collins, no one should be surprised by this.
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Associate Justice PiT
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« Reply #8 on: December 12, 2018, 07:06:15 pm »

     Justices are generally on the lookout for the "right set of facts", so to speak. An anti-Roe justice may yet decline to take a case challenging abortion if it seems to be a weak one that will create or uphold precedent that will support abortion rights. Not saying that this means Kavanaugh is pro-life, but it is also not clear from this that he is someone favorable to Roe either.
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olowakandi
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« Reply #9 on: December 12, 2018, 10:39:11 pm »

Kavanaugh isn't gonna rule against Dem interest until a Dem president is sworn in and he will rule against Immigration and abortion. It will be up to Roberts to go against Kavanaugh or an 11 Circuit Crt will be established
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MarkD
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« Reply #10 on: December 13, 2018, 09:49:16 am »

     Justices are generally on the lookout for the "right set of facts", so to speak. An anti-Roe justice may yet decline to take a case challenging abortion if it seems to be a weak one that will create or uphold precedent that will support abortion rights. Not saying that this means Kavanaugh is pro-life, but it is also not clear from this that he is someone favorable to Roe either.

Justices themselves have said that no one should infer from a Supreme Court decision not to hear a case that the Court is endorsing the lower court decision. It is only a decision to not decide the case on its merits, that is all.
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TJ in Oregon
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« Reply #11 on: December 14, 2018, 02:00:37 am »

     Justices are generally on the lookout for the "right set of facts", so to speak. An anti-Roe justice may yet decline to take a case challenging abortion if it seems to be a weak one that will create or uphold precedent that will support abortion rights. Not saying that this means Kavanaugh is pro-life, but it is also not clear from this that he is someone favorable to Roe either.

Justices themselves have said that no one should infer from a Supreme Court decision not to hear a case that the Court is endorsing the lower court decision. It is only a decision to not decide the case on its merits, that is all.

Naturally. There are a myriad of reasons to act as Roberts and Kavanaugh did in this case without implying the slightest deviation from a pro-life and anti-Roe viewpoint. Heck, I'd have probably done the same thing myself. Yet, given the history here, I find myself somewhat fearful Kavanaugh and Roberts will turn left on this when the time comes. Why? Because about a third of "conservative" justices always do whenever the rubber meets the road on divisive social issues. The Greenhouse Effect is very real.
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Fuzzy Bear
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« Reply #12 on: January 19, 2019, 11:31:45 pm »

Kavanaugh isn't going to fight against stare decisis this early in his term.  As much as I hate abortion, even Samuel Alito stated that Roe was "a precedent worthy of respect".
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