The Supreme Court Punts Again On Emergency Abortion Care, With Lives On The Line

I sincerely hope he lasts a long time knowing he is uncomfortable. Worried he will escape justice.

1 Like

It’s the state legislators, not the lawyers, judges and justices, who are making the medical decision. When the Burger Court handed down its decision in Roe it overturned a Texas law banning abortions by applying the same constitutional implied right to privacy concept the Court used in Griswold. That was not the Justices making medical decisions, it was the Justices saying our civil liberties are not limited to those expressly stated in the Constitution. When the Roberts Court overturned Roe it was not making medical decisions, it was rejecting the Burger Court’s interpretation of the Constitution.

The unfortunate but readily predictable outcome of Dobbs was that removing the constitutional protection for abortion granted the state legislatures carte blanche authority to interfere with and control the medical decisions that should be the sole province of the woman and her doctor. The lawyers and judges can continue to fight against the state laws, but Dobbs has basically disarmed them. The battle will be even more difficult after the Roberts Court ultimately decides that state laws can circumvent EMTALA by providing smoke screen “exceptions” to a total ban.

3 Likes

This is just an attempt to punt any abortion cases past the election. As soon as they can, the Republicans on the SC will remove abortion from EMTALA, as well as many other rights that give people a shot at equal treatment. It will get truly ugly if Trump wins, but even if Harris does they are going to stand against any progress Democrats might make, and try to take the nation back to the 50s (19 or 18, doesn’t matter). There won’t be any SC impeachments, the best we can hope for is a real ethics code and punishments that hurt their wallets, and then an exit off the SC while a Democrat is president so they can be replaced by a sensible jurist who will use facts instead of fear and propaganda as the basis of their decisions.

4 Likes

Or we could hope for a D trifecta with the stones to drop the filibuster, expand the court, admit DC and territories as states, make unfettered access to healthcare national law, and pass the John Lewis voting rights act. For starters.

4 Likes

If they could drop the filibuster and get the New VRA in, that is the biggest.

Propose, three major pieces of legislation on day 1.

  • the New VRA,
  • reinstating Roe
  • reintroduce the equal rights amendment

Sure the last one goes nowhere, but it thematically works and is great way to make Republican openly oppse womens rights.

I’d also like to see Gerrymandering outlawed and the Permanent Reapportionment Act of 1929 repealed. They are both intentional ways to dilute urban political power(the latter explicitly so). A real SC would have struck both down decades ago

5 Likes

State legislators are often (not always) lawyers, and in any event they are advised by lawyers (and other subject-matter experts) when drafting legislation. Don’t kid yourself: there is a sizeable collection of lawyers involved in this who have blood up to (maybe beyond) their elbows.

Medical professionals don’t tell lawyers how to practice law. Lawyers ought to be a hell of a lot more reticent about telling medical professionals how to practice medicine.

3 Likes

Bob Woodward has a new book out called “War”

“That son of a bitch, Bibi Netanyahu, he’s a bad guy. He’s a bad fucking guy!” Biden declared privately about the Israeli prime minister to one of his associates in the spring of 2024 as Israel’s war in Gaza intensified, Woodward writes.”
… … … …
I think I may hafta get a copy

2 Likes

Legislators ought to be a hell of a lot more reticent about telling medical professionals how to practice medicine.

Prior occupations of US Congress in 2021:

Public service/politics: 171
Business or banking: 168
Law: 129
Medicine: 21

Congress passes laws, so law is not an unreasonable background, but maybe Congress would do a better job with even more businessmen and bankers.

2 Likes

Just wondering what would happen if the powers that be “punted” on the legality of some sort of medical procedure that severely impacted men’s lives? Anyone wanna take a stab at it??? hmmmmm?

2 Likes

There’s been litigation. They (the SCOTUS six) just don’t give a flying fig.

2 Likes

Not in the least

1 Like

I’m on Team Just Fucking Do It for all of that.

And in general, men should leave decisions about women’s bodies to women.

1 Like