MENU

Reason.com

Free Minds & Free Markets

Brett Kavanaugh Joins With Liberal Justices; SCOTUS Won't Hear Planned Parenthood Defunding Cases

"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."

Oliver Contreras/Sipa USA/NewscomOliver Contreras/Sipa USA/NewscomNewly confirmed Supreme Court Justice Brett Kavanaugh sided with the Court's liberal wing in declining to hear cases regarding two states' efforts to defund Planned Parenthood.

Both Louisiana and Kansas have been trying to block Medicaid funding from going to the group. Their most recent efforts came after the 2015 release of a series of videos that anti-abortion activists say show Planned Parenthood officials discussing the sale of fetal tissue for profit. Several lower courts have ruled in favor of Planned Parenthood, but the states filed a writ of certiorari with the Supreme Court.

In order for the Court to grant this petition, four justices would have needed to agree to a hearing. Only three did: Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch. The rest denied the petition, with Kavanaugh and Chief Justice John Roberts joining liberal Justices Ruth Bader Ginsburg, Elena Kagan, Sonia Sotomayor, and Stephen Breyer.

As USA Today notes, the Court's decision is a "setback" for conservatives hoping to defund Planned Parenthood, which is the largest abortion provider in the nation. Still, as National Review's Alexandra DeSanctis notes, the Court's decision had little to do with abortion funding itself:

The Supreme Court didn't side with Planned Parenthood, nor did it preserve the abortion provider's funding. It declined to hear the case at all, and the decision not to grant cert took no position on the merits of the case. Claiming that the decision in some way affirmed abortion funding is patently false.

Thomas claims that his colleagues were wary of inserting themselves into such a contentious issue. He wrote in his dissent:

So what explains the Court's refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named "Planned Parenthood." That makes the Court's decision particularly troubling, as the question presented has nothing to do with abortion....But these cases are not about abortion rights. They are about private rights of action under the Medicaid Act. Resolving the question presented here would not even affect Planned Parenthood's ability to challenge the States' decisions; it concerns only the rights of individual Medicaid patients to bring their own suits.

Anti-abortion activists heavily favored Kavanaugh's confirmation. "If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it," Tim Jost, an emeritus professor at Washington and Lee University School of Law, tells Politico.

Of course, Supreme Court justices don't always vote the way people expected them to. Former Justices Sandra Day O'Connor and Anthony Kennedy, for instance, were both chosen by the conservative President Ronald Reagan. But both voted with their liberal colleagues on some key issues. And David Souter was nominated by George H.W. Bush, but he ended up taking mainly liberal stances.

Photo Credit: Oliver Contreras/Sipa USA/Newscom

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  • Diane Reynolds (Paul.)||

    Ferguson adds to The New York Times that instead of de-escalating the situation, police "made it way worse."

    This is why Republican nominees must always be opposed. At all costs.

  • Diane Reynolds (Paul.)||

    Clipboard fail: Should have read: And David Souter was nominated by George H.W. Bush, but he ended up taking mainly liberal stances.

  • MatthewSlyfield||

    So, because Republicans have not been so good at appointing reliably conservative justices, we should just cede control of the supreme court to the Democrats who have done a better job of appointing reliably liberal judges?

  • Diane Reynolds (Paul.)||

    YES! IT'S THE ONLY WAY TO BE SURE!

  • Fist of Etiquette||

    There sure is egg on a lot of faces today. No harm, no foul, though.

  • ||

    No harm, no foul, though.

    Unless the eggs are in raw cookie dough.

  • Mickey Rat||

    An egg broken on someone's face will certainly result in no fowl.

  • Fist of Etiquette||

    Get. Out.

  • Deconstructed Potato||

    Pun of the week.

  • Peter Duncan||

    Thread winner.

  • Fancylad||

    DON'T YOU SEE. IT'S THE HANDMAIDS TALE ALL OVER AGAIN... wait, what?

  • Diane Reynolds (Paul.)||

    Resolving the question presented here would not even affect Planned Parenthood's ability to challenge the States' decisions; it concerns only the rights of individual Medicaid patients to bring their own suits.

    I'm no lawyer (or doctor) but it's my understanding that judges (try to) rule on the narrowest of grounds possible.

  • Fats of Fury||

    They're all lawyers making sure their fellow lawyers can get fat and happy suing on the same stuff over and over.

  • Vince Smith||

    Why should I be forced to fund PP with my hard earned money?

  • Vince Smith||

    The government funds Planned Parenthood. Where do you think the government gets its funds? Idiot.

  • Vince Smith||

    You're not very good at ridicule. My statement therefore stands. The government funds PP via Medicaid.

  • Vince Smith||

    When did I say I'm against charity hospitals?

  • Vince Smith||

    I'm for them being PRIVATELY funded. That means ending PUBLIC funding.

  • Vince Smith||

    Zzzzzzzzzzzzzzzzzzzzzz.

  • Sigivald||

    What do "health care rights" have to do with PP getting Federal money?

    (PP pinky-swears that not a cent of FedBucks goes to abortions, so it can't be that, right?

    There a new right to subsidized/free pap smears or mammograms?

    I mean, they're fine things, but WTF is Reason of all places doing suggesting such things are a "right"?

    Or, well, what exactly is the thing that's being euphemized as "health care rights"?)

  • Sigivald||

    (Same thing WRT state money, for that matter.

    It might be bad to not fund PP. It might be a 1st Amendment issue to defund PP because of its positions, potentially.

    But there's no "health care right" I can see involved here.

    Thomas speaks of a right to sue the states under the Medicare act.

    That's not how the phrase "health care right" is normally used.)

  • Diane Reynolds (Paul.)||

    What do "health care rights" have to do with PP getting Federal money?

    Access.

    Removing funding reduces access to a service that is seen as an inalienable human right.

    The funding need not directly fund an abortion, but the funding goes to the organization that aids in women getting access to healthcare services related to abortion.

  • ByteRot||

    "Federal funding doesn't go towards abortions" is such a bullshit argument in the first place, though. Because money is fungible.

    The separation of funds in a non-profit organization is just as effective as the separation of smoking and non-smoking sections of restaurants. Hold on, I want to make a peeing section of the pool, too -- don't worry, you don't have to swim in THAT section.

  • Diane Reynolds (Paul.)||

    Agreed, I was merely answering the question as I understand it would be answered by PP.

  • Vince Smith||

    End Medicaid.

  • Vince Smith||

    So you're against Medicaid yet attack me for being against Medicaid?

  • Vince Smith||

    It doesn't need to be phased, and PP will do just fine without government money.

  • gaoxiaen||

    Separation of smoking and non-smoking sections of restaurants results in a half empty restaurant and a long line out front..

  • Teddy Pump||

    This is not an issue about health rights or abortions...It is about a private company that has been subsidized by the Govt. for decades breaking the law & then Govt. deciding they do not want to subsidize lawlessness!

  • Hank Phillips||

    Note to foreign readers: "Government" in this context means looter politicians who have done something to please superstitious force-initiating constituents.

  • Vince Smith||

    Liberals are initiating force by forcing me to pay PP.

    BTW, pro choice men are cucks.

  • Vince Smith||

    Ad hominem.

    Refute the two statements I made.

    P. S. It's obvious you and Galt are the same guy.

  • Vince Smith||

    To have fewer abortions, simply ban it.

  • Vince Smith||

    You didn't attempt to refute my statement that pro choice men are feminist cuck girly men.

  • buybuydandavis||

    "access to a service"

    The usual double talk.
    Has anyone ever described a functional difference between "access to a service" and "a service"?

    "Access" is a term thrown in to pretend it not about exactly what it is about - getting another gimme from the government.

  • buybuydandavis||

    The Loon is flirting with me again.

  • Mickey Rat||

    There is also the suggestion that a particular NGO has a right to be supported from the public fisc despite what the elected officials of a supposedly sovereign state think about it.

  • Diane Reynolds (Paul.)||

    And of course there's that. There's having a right to exist, and then an organization existing in a space where it must exist.

  • Cathy L||

    Reason didn't suggest it. Reason quoted someone who suggested it. Grow up.

  • Cynical Asshole||

    To be fair, she's not wrong in this instance:

    "If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it," Tim Jost, an emeritus professor at Washington and Lee University School of Law, tells Politico.

    You want to get your [t]reason magazine hate on, fine, but criticizing them for something someone else said is weak sauce.

  • JesseAz||

    Planned parenthood doesn't even do mammograms or pap smears. They get paid by Medicaid to hand referrals to other clinics when referrals aren't even needed.

  • Eddy||

    "health care rights"

    You keep using that term, I do not think it means what you think it means.

  • retiredfire||

    Only compete morons call the killing of a baby, "health care".

  • Deconstructed Potato||

    Yes, how dare anyone do or say anything that doesn't meet with the approval of a tyrannical, raving lunatic.

  • Fancylad||

    Fuck off Hihn.

  • Vince Smith||

    There is no right to healthcare, moron.

  • Vince Smith||

    Then what is this "God given" right you speak of?

  • Vince Smith||

    Stalker? No. This is a public forum, and I have the right to reply to any comment here as long as this website allows me to do so. Bully? No. Every comment you make is obnoxious, so the rest of us have every right to return fire.

  • Hank Phillips||

    Well, there's Vietnamese babies. What did draft-exempt Quaker Richard Nixon call killing them?

  • BigT||

    Health care cannot be a right. A person has to provide that care. One person's right cannot force an action on another.

  • Vince Smith||

    There is no right to coerce someone else to save your life, no. That would be slavery.

  • Vince Smith||

    Who said there are no property rights?

  • Vince Smith||

    Thanks for agreeing with me.

  • Vince Smith||

    It's authoritarian to advocate that the government quit forcibly redistributing my hard earned money to bums who can't afford healthcare? Lol. No, that would be libertarian.

  • Vince Smith||

    Charity hospitals are funded VOLUNTARILY, not by government coercion.

    IDIOT.

  • MotörSteve||

    But I was assured that Bert Kavanaugh would literally tear down every PP location with his bare hands on Day One...

  • Hank Phillips||

    That's Robert Dear, coming up for a Presidential Pardon that will make him eligible for a job with the White House Office of Faith-Based and Community Initiatives organized by George Waffen Bush before the asset-forfeiture Crash.

  • damikesc||

    I'll note that the justices who don't vote the way you expect don't seem to come from Dem Presidents...

  • Wanderer||

    In a sense, Bannon should have been appointed at the SCOTUS.

  • chemjeff radical individualist||

    But I was promised that Kavanaugh, embittered by his confirmation battle, would carry a grudge and use it to turn into a warrior of right-wing vengeance!

  • bevis the lumberjack||

    So both sides were totally full of shit on Kavanaugh. I'm shocked, shocked...…..

  • BYODB||

    We didn't need to look much further than the PATRIOT Act to figure out that The Kavenator wasn't all he was being sold as. By either side.

  • Hank Phillips||

    Coercive licensing of medical practice creates a blackmailable herd. Thus the Harrison Tax Act became a prohibition law. These mystical conservatives who seek to have guns pointed at doctors and pregnant women are the mentality that would defund the CDC and leave us at the mercy of biological terrorists with an equally religious agenda. Wizened Christian crones blocked medical inspection of working girls and banned sale of prophylactics near army bases in 1918. The result--bravely published in the Ladies' Home Journal--was syphillis and gonorrhea in epidemic proportions throughout the 1920s and 1930s. Gorsuch has shown himself way more rational than his collectivist critics or superstitious supporters.

  • Hank Phillips||

    Woops... Kavanaugh... hard to tell looters apart at times.

  • Uncle Jay||

    I rejoiced when I heard the SCOTUS will not hear the Planned Parenthood case.
    Now even more of our excess capital can go to private companies who are politically connected.
    Now we can all sleep better at night knowing that cronyism capitalism is alive and well.

  • Hank Phillips||

    Better that than crony Christianofascism.

  • DesigNate||

    "Chrstianofascism"

    You and Hihn should get a blog.

  • Fancylad||

    Are you trying to get us all killed DesigNate?
    The demagoguery and petty hatred contained in that blog would achieve supermassive density, forming an internet black hole from which no reason or logic could ever escape.

  • Vince Smith||

    Nobody here is arguing that we are a Christian nation, you idiot.

  • Vince Smith||

    Zero.

  • Vince Smith||

    The government funds Planned Parenthood. Medicaid is the government. Duh.

  • Vince Smith||

    "Slaver wants government to fund all healthcare!" Uh, that doesn't make any sense. I said to end Medicaid because I don't want the government to fund healthcare at all. Fall on your head one too many times?

  • Vince Smith||

    How am I not advocating free market outcomes? Earth to moron: I'm all for charity hospitals.

  • DarrenM||

    from which no reason or logic could ever escape

    You're assuming there would be any there to begin with.

  • Fancylad||

    goobers
    Fuck off Hihn

  • Philadelphia Collins||

    Auschwitz never lacked funding.

  • Vince Smith||

    PP kills, just as the Nazis did.

  • Vince Smith||

    What bullshit?

  • Leo Kovalensky II||

    It seems that Roberts didn't want to have to come up with another excuse like "Penaltax" and Kavanaugh got sick of being compared to Hitler. I guess punting was the best option in their minds?

  • buybuydandavis||

    Cucks gonna cuck.

  • JeremyR||

    This is actually one of the funny things about the Kavanaugh hysteria. He was always a moderate/squishy Republican type, but got made into a hardcore conservative like Scalia or Thomas by the left, and the right believed it, even though they should have known better.

  • Deconstructed Potato||

    Most effective political marketing campaign in recent memory. Perhaps.

  • Deconstructed Potato||

    Did you mean to post that in a different thread?

  • Vince Smith||

    He had to say it to get the two RINO hags to vote for him.

  • Vince Smith||

    I see nothing wrong with lying in that situation.

  • The Last American Hero||

    Boy, those women running around in the red Hand Maid costumes must be really confused today.

  • Cynical Asshole||

    The cognitive dissonance must be making their heads feel like they're about to explode.

  • Dillinger||

    "can we have the abortion thing not be the first fucking thing I do around here please and thank you?"

  • EscherEnigma||

    Well, yeah. Obviously.

    The fucking thing has to happen first, then you can have an abortion.

  • ||

    At this point why wouldn't he wait for Trump to appoint Amy before tackling these cases?

  • Cynical Asshole||

    Wait, wait, wait... this is unpossible! I was told under no uncertain circumstances that Kavanaugh's appointment to the SCOTUS would be the end of legal abortion and the beginning of some kind of Handmaid's Tale in real life hellscape. What gives?

  • AthwartHistory||

    I firmly believed, during his confirmation hearing, that the Left was working themselves into an unwarranted tizzy. In 10 years we will firmly view K. as more aligned with the Left than with the Right. In his core, he is a big government statist. This decision only reinforces my belief.

  • Cynical Asshole||

    In his core, he is a big government statist.

    This. Of course, they're pretty much all big government statists.

  • BYODB||

    I think that's sort of a requirement to get onto the court in most cases. Sometimes someone that thinks originalists might not be entirely nuts gets put on the court, and everyone lets it slide as long as there aren't more than three of them.

  • BigT||

    Huh??

    Fascism was invented by Mussolini in 1920. TJ could not have opined on it.

  • Vince Smith||

    Hitler was a SOCIALIST.

  • Vince Smith||

    There can be some private property in a socialist nation. Even Venezuela has some.

  • Vince Smith||

    Hitlery was a STATIST.

  • Vince Smith||

    Hitlery (Clinton) is a statist, and so was Hitler.

  • buybuydandavis||

    It is the smart bet.

  • BYODB||


    The Christian Taliban will SCREAM that I DARE point out the woman's unalienable right to Liberty is precisely equal to the fetal child's unalienable right to Liberty ... which is what unalienable MEANS!


    Hey look, it's Hihn! Back with your insanely preposterous notion that natural rights can't be in conflict I see.

  • Deconstructed Potato||

    My name is not Hihn, despite your commitment to wacky conspiracies.

    Your name wasn't Hihn when you were posting as "Michael Hihn", either, or Elilis [sic] Wyatt, or Ellis Wyatt, or David Nolan, whatever. You spew a particular brand of obtuse nonsense which is either a calculated and cynical attempt to introduce rancor and disruption to any discussion here, or you have some kind of personality disorder. You foul up threads with long screeds that often swing between making half a point and segueing abruptly into non sequitur, accusations, and paranoia. Whoever you really are, if you genuinely have a point to make, you really are not managing to communicate it effectively to anyone. Of course, from your perspective, we're all stupid and bad, and that's why we don't understand you, but I am telling you that your ability to communicate your ideas effectively is highly compromized by whatever problems you have.

    Alternatively, if you are spamming threads on purpose with confused garbage on purpose to disrupt discussion that you disagree with (which I suspect, given your use of various sock puppets), then I would hope that whomever is in charge of Reason comments admin might be receptive to a suggestion that should there be any evidence to support my theory, that you be blocked.

  • Fancylad||

    Fuck off Hihn.

  • Deconstructed Potato||

    Hey! That's what I said!

  • Aloysious||

    Does garlic still repel Hhin? *waves garlic*

  • Mcgoo95||

    Moderators, He's here. The man formerly know as MIchael Hihn posting as John Galt Jr, and Ellis Wyatt, spewing his typical inarticulate, hate-filled garbage. Banish this man! I implore of you! Seemed to work once.....worth a shot.

  • Mcgoo95||

    Or, alternatively, give please give us the ability to mute certain annoying curmudgeons.

  • Vince Smith||

    Liberals are the ones banning "hate speech" in other countries, you fool.

  • Vince Smith||

    Liberals IN THIS COUNTRY want to overturn Citizens United, Like I said, libtards hate free speech.

  • Vince Smith||

    Footloose is a fictional movie, you idiot.

    I don't see conservatives burning books or anything of the sort. Who are the speech fascists on college campuses? Liberals!

  • Vince Smith||

    Cuck says what?

  • Vince Smith||

    Inquisitions? What is the relevance of stuff from centuries ago?

  • Hank Phillips||

    Definitions are more useful. I could spend all of eternity giving examples of odd numbers. But concepts are more useful than enumeration (or sneering) for odd numbers and individual rights. In ethics class I was taught that "a right is a moral claim to freedom of action." This makes sense once you grok (kind of like a prerequisite course for credit) that freedom is the absence of coercion.

  • Seamus||

    Abortion has been conducted, and fully legal, until the 1900s, when surgical abortion replaced herbal abortion.

    Wrong. The UK's Offenses Against the Person Act, 1861, made abortion a felony punishable by penal servitude for life.

  • Hank Phillips||

    Neither the constitution (All persons born...) nor the Supreme Court ascribe a "right" to coerce pregnant women or their doctors at gunpoint. Just ask Robert Dear, Scott Roeder, Paul Jennings Hill, Michael Griffin or the at-large sockpuppet who killed Dr Barnett Slepian. (Paul, if you confess the statute of limitations will doubtless protect you).

  • Vince Smith||

    There is no constitutional right to having the taxpayers foot the bill for your healthcare. The libertarian position is to end Medicaid altogether and to defund all health organization's. They should run on the free market.

  • Vince Smith||

    The issue here is government funding of Planned Parenthood, which you are defending. Lol.

  • Vince Smith||

    How about my right to not subsidize PP? You fake libertarians are turning this into an argument about abortion when the issue is money.

  • Vince Smith||

    Medicaid = my money. Duh.

  • Vince Smith||

    How can you claim to be a libertarian yet support the government forcing taxpayers to subsidize a private organization like PP? Psst. Libertarians are against that.

  • Vince Smith||

    John Galt, Jr. is a fake Bill Maher style "libertarian" who supports big government stealing from the taxpayers and giving to PP.

    End Medicaid.

  • Vince Smith||

    Libertarians are for ending Medicaid. Medicaid is socialism. Let charities take care of the bums instead.

  • Vince Smith||

    It's not the government's job to help bums. Leave that to charity.

    "Which is mostly Medicaid"? Medicaid is socialism and should be repealed. I should not be forced to pay for some lazy bum's healthcare with my tax dollars.

    Ford was a RINO. I'm not impressed by the fact that he signed the stupid bill. He also supported affirmative action and the ERA.

    I'm an atheist. Nice try, idiot.

  • Vince Smith||

    It's not the government's job to help bums. Leave that to charity.

    "Which is mostly Medicaid"? Medicaid is socialism and should be repealed. I should not be forced to pay for some lazy bum's healthcare with my tax dollars.

    Ford was a RINO. I'm not impressed by the fact that he signed the stupid bill. He also supported affirmative action and the ERA.

    I'm an atheist. Nice try, idiot.

  • Vince Smith||

    It's not the government's job to help bums. Leave that to charity.

    "Which is mostly Medicaid"? Medicaid is socialism and should be repealed. I should not be forced to pay for some lazy bum's healthcare with my tax dollars.

    Ford was a RINO. I'm not impressed by the fact that he signed the stupid bill. He also supported affirmative action and the ERA.

    I'm an atheist. Nice try, idiot.

  • Sebastian Cremmington||

    Kavanaugh is a Bush lackey and the Bush family has supported PP for generations. Kavanaugh will also side with liberals on immigration issues because the heir to the Bush political legacy is Mexican! Lololololol!

  • Hank Phillips||

    Ah! National Socialist infiltrators announce their presence by calling communists liberals and demanding fetus-forfeiture for their Lebensborn Jugend-schule.

  • Deconstructed Potato||

    #fuckoffhihn

  • ||

    Lol.

    It's just funny okay?

  • Rockabilly||

    Pay for your own abortions

  • Fancylad||

    Fuck off Hihn.

  • retiredfire||

    I just went and got a passport.
    I don't recall being able to prove citizenship through providing a "birth announcement" from the local paper.
    To date, we haven't seen a legitimate version of a birth certificate. If one existed, you would think it would have been, quickly produced. In fact, the first one shown was removed and another, also of dubious sourcing, was released.
    People, all over the world take extreme measures to have their children considered an American citizen - ever hear of "birthright tourism"?
    And, let's not forget, that the initiating event in this was the mini-bio, of 0blama's own book, that he had to have seen, that listed him as being Kenyan. Why would he let it out with such a falsehood? Why can't we see his college records to see if he was accepted as a foreign student? There should be passport records used when his mother moved him to Indonesia. Why haven't we seen those?

  • Sebastian Cremmington||

    Obama, like most presidential candidates, got a copy of his birth certificate right around the time he announced his candidacy pretty much a year before he put it online for all to see. So why would he have had a fake copy produced when it wasn't an issue??

  • Hank Phillips||

    Newspapers in Kenya describe Obama as a Native Son, and his own literary agent repeated the stuff. This is no bigger deal than Lyin' Ted being born in Canada. Then again, Ted's campaign literature does not rub Texan's noses in that fact, and he beat the pants off of Carbon Tax Beto, the NSDAP censorship advocate.

  • Vince Smith||

    Pay for your own birth control too, Galt.

    End Medicaid.

  • Vince Smith||

    "Moar" isn't a word, idiot.

  • Vince Smith||

    Check yourself into a psych ward, okay.

  • Vince Smith||

    PP is paid by Medicaid. Medicaid = the government. Duh.

  • Vince Smith||

    Ad hominem.

  • Vince Smith||

    You have to get rid of Medicaid to have a "free market outcome." Duh.

  • Vince Smith||

    Why not just end it? Why does it have to be phased?

  • Vince Smith||

    When did I ever say I oppose the idea of tax credits?

  • Vince Smith||

    I have no idea what your blog is. It's probably just you talking to yourself aka sock puppets. Get help.

  • Hank Phillips||

    Choor menh. Just repeal all laws regulating the practice of medicine at gunpoint! After that it's "anything you say, Butch."

  • Moderation4ever||

    Good for Roberts and Kavanaugh. It past time to tell the misogynists in the legislatures of Louisiana and Kansas that they cannot hold poor women's and children's health care hostage to their need to control women. What Roberts and Kavanaugh may realize is that repealing abortion rights is to open real can of worms. We are talking about women's rights to control their bodies and about a right that has been in place for over 50 years. In Ireland it took the death of only one women, Savita Halappanavar, to get the people to affirm the rights of women to make their own decisions. Would it take more deaths in America to get the same results?

  • tommhan||

    No we are talking about FUNDING it, not taking away any of your rights. Taxpayer money is not all money.

  • Gaear Grimsrud||

    Huh.I read the article above and found this:
    "But these cases are not about abortion rights. They are about private rights of action under the Medicaid Act. Resolving the question presented here would not even affect Planned Parenthood's ability to challenge the States' decisions; it concerns only the rights of individual Medicaid patients to bring their own suits."
    What article were you responding to?

  • Deconstructed Potato||

    What did he say that suggests he doesn't understand the concept?

  • Hank Phillips||

    It helps to start with "what is a right?" Then you can watch Lutheran National Socialists try to nail their qualifiers and faeces to that. I recommend Tara Smith, PhD, "Moral Rights and Political Freedom", followed by her "Viable Virtues". Tara teaches ethics at U. of Texas at Austin.

  • JesseAz||

    Planned parenthood doesn't provide healthcare. They kill babies, hand out referrals and donate to Democrats. They don't do healthcare.

  • Vince Smith||

    End Medicaid.

  • Vince Smith||

    Cuck.

  • Hank Phillips||

    They do defeat National Socialist Republican candidates. That by itself qualifies as protecting the economy from the decrease in life expectancy attending Crashes and Depressions--clearly an avoidable health hazard.

  • Hank Phillips||

    Note to foreign readers: The Republican Party regards bombing women, kids, houses and villages in Laos, Cambodia, Vietnam and Iraq and shooting American teenagers over plant leaves--as "health care"

  • Philadelphia Collins||

    Were you a guard at Treblinka?

  • tommhan||

    So now I guess once we fund something we are required to do so for eternity, just because.

  • TLBD||

    Use taxpayer money to fund abortions: The libertarian stance.

  • Deconstructed Potato||

    Go away, you nasty, cynical, pseudo-intellectual salvo of confused nonsense, obtuse accusations, and absurd formatting.

  • DenverJ||

    You know who else was appointed and then did something else than expected?

  • chemjeff radical individualist||

    Jar Jar Binks?

  • Gaear Grimsrud||

    Chance the gardener?

  • Deconstructed Potato||

    Osama bin Laden?

  • Ordinary Person||

    Roberts and Kavanaugh are smart to dial back the appearance of partisanship.

  • Sebastian Cremmington||

    They understand the Supreme Court needs political capital to make BIG decisions...like overturning Roe v Wade.

  • Hank Phillips||

    It would be UNLIBERTARIAN. Roe v Wade was copied from the 1972 LP platform 45 days after the electoral votes were counted. Libby Linebarger, of heavily libertarian Austin Texas, was the FEMALE attorney who argued the case during the election in which the LP had a FEMALE VP candidate. Denying certiorari is the Court's way of saying only women should have a say in any of this. Glossolalia, murder and coercion aside, men add nothing to the discussion. Canada settled the entire question satisfactorily when Quebec, as Catholic as Ireland, quit letting male pederasts write laws to coerce women. Ireland, BTW, recently amended its Constitution to bar male pederasts from singling out women for coercion--much like the 9th and 14th Amendments do in These States and Dominions.

  • Vince Smith||

    Feminist cuck.

  • Vince Smith||

    Many libertarians are pro life, based on the reasoning that abortion itself violates the NAP.

  • Vince Smith||

    I totally disagree. If you are harming another human being, government should have every right to step in. I would consider abortion one of those cases. You happen to believe abortion is okay, but many don't. One can be a libertarian and pro-life.

    Idiot fake libertarian Gary "Jews should have to bake cakes for Nazis" Johnson alienated many potential voters by supporting legalized abortion. I talked to many conservatives who weren't sold on Trump but voted for him in the end because Johnson's abortion views were unacceptable. Libertarians should try to appeal to pro-life conservatives, whom they have more in common with, instead of to commie leftists. Duh.

  • Vince Smith||

    Cuck.

  • Vince Smith||

    I thought libertarians claimed abortion was a state issue. You're a fraud.

  • Vince Smith||

    I don't read your links.

  • Vince Smith||

    Ellis aka Galt, Jr., you are a fraud. Libertarians believe abortion is a state issue.

  • Vince Smith||

    Gay marriage is an equal protection issue; abortion is not. While I do support the right to privacy, I think it's ludicrous that murdering the unborn was ruled to be covered by that principle. Overturn Roe, and let the states and people decide.

  • Vince Smith||

    I do not believe abortion should be considered a ninth amendment right. It's murder. The end.

    Pursuit of happiness is not in the Constitution, moron.

  • Vince Smith||

    You're a scumbag for attacking Ron Paul, btw. You, like that other fake libertarian huckster George Phillies (whom you sound a lot like), agree with him on 90% yet castigate him for minor stuff you disagree on yet forgive Gary Johnson for wanting to force Jews to bake cakes for Nazis. Ron Paul has forgotten more about economics than most of us will ever know, and he is the leading voice for liberty in America. He is anti-war, pro-capitalism, pro-gun, pro-free trade, etc. etc. etc. He's also won elections unlike the Libertarian Party, and his son is going places. Accept it, and support the Paul revolution.

  • Vince Smith||

    For many years it was not clear that gay marriage was a constitutional right, btw. Comparing that issue to the Dixiecrats, segregation, and Jim Crowis just silly. BTW, Ron Paul has said that Jim Crow was unconstitutional.

  • Vince Smith||

    Cuck.

  • Echospinner||

    For goodness sake.

    Planned Parenthood charges. They collect what they can for billable services.

    They are Medicaid providers which is state run. If they cannot meet requirements to bill for something like an exam and contraceptive prescription like any other provider, the state needs to prove the case for denial.

    The real problem is that PP has put up a wall between abortion and general GYN services. Strong abortion opponents will never buy that.

  • Hank Phillips||

    Note to foreign readers: "strong abortion opponents" means Christianofascist and Islamofascist men

  • Vince Smith||

    Actually MOOSE LIMBS are okay with abortion.

    Strong abortion opponents = real men who haven't yet been cucked by the feminazi hags.

  • Vince Smith||

    Cuck.

  • Vince Smith||

    Cuck.

    Why are you commenting under two different names?

  • Buddy Bizarre||

    Let me quote a tweet:

    Alexandra DeSanctis

    CNN claimed this morning that the "Supreme Court sides with Planned Parenthood in funding fight." In fact, SCOTUS denied cert in a case that had to do with standing, not with the merits of abortion funding. My post at @NRO:
    10:10 AM - 10 Dec 2018

    Short version: Denying cert should never be read as "siding with" one argument or the other in any given case. That's not how any of this works.

  • BigT||

    You are assuming they were acting in goood faith. How do you explain that all the commies lined up against hearing the case?

    Sorry, they are partisans. Maybe Kav and Robo are the only honest brokers?

  • buybuydandavis||

    " So what explains the Court's refusal to do its job here? "

    Cucks gonna cuck.

    So much of the Right is always afraid of exerting their lawful authority, which correctly convinces the Left that they need feel no constraint to their lawlessness.

  • buybuydandavis||

    It's so cute that Hihn narrates his insane gibbering to us.

  • Tony||

    Clarence Thomas is such a fucking joke. The only bigger joke is his wife.

    It's not judicial activism because the founders were all basically Jerry Falwell in powdered wigs.

  • Fancylad||

    Seeing ideological Butabi brothers, Hihn and Tony, congratulate each other, makes me chuckle.

  • Vince Smith||

    "Left - right = zero" is another Hihn quote.

    As a math expert, I realize what you are saying is that left = right. That is nonsense.

  • Vince Smith||

    Yeah because Medicaid is free markets. Lol.

  • Vince Smith||

    "They have equal value" means left = right. Duh.

  • Vince Smith||

    Cuck.

  • Vince Smith||

    Yes, there's one more thing.

    CUCK

  • Vince Smith||

    The founding fathers would be against government funding Planned Parenthood.

  • Vince Smith||

    I don't like Medicare either, but it's not the same as Medicaid. Medicaid is straight up welfare. You at least have to pay into Medicare. It's a forced insurance program. I would change Medicare by making it optional for younger people.

  • Vince Smith||

    Sell off government assets to pay for it.

  • Vince Smith||

    Many things could easily be done to add funds to the trust fund to pay the people who were forced to pay into Medicare all their lives.

  • Vince Smith||

    I did name one. Scroll up.

  • I am the 0.000000013%||

    Wow. Color me embarrassed. I don't have any idea how I'm ever going to unload these wire coat-hangers now.

  • vek||

    So I don't even have a problem with abortion being legal... But what I wanna know is, why do these wanks get to use my money to kill their babies? Indirectly I know, but a dollar in their coffers is a dollar they can use for whatevs.

    Also, as a man, where are MY abortion rights??? We need to start fighting for a father right to abort his children! There's no way it's fair for a women to get to stick a man with a lifetime of child support for a kid he doesn't want! If I'd knocked up some skank with a nice rack in my early 20s, why should I not be able to choose to kill the baby too? If a mother can abort a kid she doesn't want, the father should have the same right!

    Maybe THIS is the fight the right should take on to troll the fuck out of leftists... There's actually a lot more sense and logic in it than most of their arguments on most subjects...

  • vek||

    No, I'm just trolling. I really don't care if people have abortions. I'm not religious.

    It's not because I can't see the moral arguments from people who are anti abortion... It's more a practical matter, whether it is morally right or wrong. Most people that have abortions shouldn't be breeding. They're generally too young to be having kids, crazy disaster case people nobody thinks should have kids, welfare cases, or sometimes people who just don't want children, which would make them shitty parents anyway if forced to do it. Even if it is morally wrong, it is a practical good, as morally wrong things often can be.

    When I was younger I probably would have had an abortion if I had an accident with the wrong person... At this point in my life, I don't know what I would do. It would be 99% dependent on how crazy the broad was I think, but with a stronger leaning towards having the kid than when I was saaay 18.

    But there is no reason my money should be paying for it. The same goes for free condoms, STD tests, and whatever other crap PP does with my money.

  • Vince Smith||

    Taxpayers do pay for abortions. PP gets money for non-abortion services, which allows it to spend more donations on abortion.

    Furthermore, many states fund abortion directly with tax dollars, including California, where I live. So you are once again wrong.

  • Vince Smith||

    1. I'm an atheist.
    2. People on Medicare aren't bums. People on Medicaid are. Medicare isn't free money, stupid. Screw Medicaid.

  • Vince Smith||

    I don't click on your links.

  • Vince Smith||

    The Hyde Amendment does not apply to states. Idiot. Medi-Cal pays for abortions.

  • Vince Smith||

    I didn't say it was. Idiot.

  • Vince Smith||

    So if PP makes a ton of money on abortions, then I don't see why they need the Medicaid funding. How about they provide birth control for free and then overcharge the abortion sluts to make up for the loss?

    Also, I thought PP claimed abortion is a very small part of what it does, but as you've explained, that's how they make all their money. Lol.

    Anyway, the issue is irrelevant. It is morally wrong for the government to give PP money whether or not the money funds abortion. Medicaid is theft and should be repealed.

  • Vince Smith||

    How compassionate of PP to take my money! Lol. Moron. It shouldn't be "their choice" to receive Medicaid money. Defund them, especially since "they don't need it."

    Also, providing abortions isn't "compassion." PP was founded on the premise of exterminating the black population, btw.

    So abortion is 2% of PP's procedures but 90% of their revenue? It's nice that they get rich off of killing people.

  • Vince Smith||

    What's a conservard, libtard?

  • Vince Smith||

    As the great libertarian scholarly genius Ron Paul, a medical doctor, has pointed out, the poor were well taken care of before Medicaid and would be well taken care of if we get rid of Medicaid tomorrow.

  • Vince Smith||

    "Repeal the income tax and replace it with nothing" sounds libertarian to me.

  • Vince Smith||

    He would cut government. The government would run on tariffs as it did before 1913.

  • Vince Smith||

    Medicaid = theft.

  • Vince Smith||

    Cuck.

  • vek||

    Jesus Hihn, just go away! You're such a fucking nut. I don't want the government stealing my money to pay for shit I don't want to pay for. With all my new found pocket money I would in fact donate to charities that supported some things the welfare state currently does... But I'd donate to ones that had a mission I could agree with. For instance, places that help actual helpable people get back on their feet and into the work force.

    You're not even remotely libertarian on soooo many things. I'm not either on some stuff, like open borders, but at least I'm not a bleeding heart tool like you, I actually have common sense.

  • Hank Phillips||

    After the CDC is defunded, I'll be eager to listen to whining from surviving members of God's Own Prohibitionists about how much better things will be after Planned Parenthood is also defunded. The Supreme Court could strike down all licensing of doctors and dentists as an even better alternative. And since the Gee-Oh-Pee insists on an Amendment to force coathanger abortions on women, why not add the Atlas Shrugged Amendment to the LP platform: "And Congress shall make no laws restricting or abridging the freedom of production and trade?"

  • Arizona_Guy||

    Wow. I leave for a couple weeks and come back to this article. What a shit-show.

  • ||

    I essentially started three weeks past and that i makes $385 benefit $135 to $a hundred and fifty consistently simply by working at the internet from domestic. I made ina long term! "a great deal obliged to you for giving American explicit this remarkable opportunity to earn more money from domestic. This in addition coins has adjusted my lifestyles in such quite a few manners by which, supply you!". go to this website online domestic media tech tab for extra element thank you .

    www.Mesalary.com

  • ||

    I essentially started three weeks past and that i makes $385 benefit $135 to $a hundred and fifty consistently simply by working at the internet from domestic. I made ina long term! "a great deal obliged to you for giving American explicit this remarkable opportunity to earn more money from domestic. This in addition coins has adjusted my lifestyles in such quite a few manners by which, supply you!". go to this website online domestic media tech tab for extra element thank you .

    www.Mesalary.com

GET REASON MAGAZINE

Get Reason's print or digital edition before it’s posted online