Ruth is Smiling
Brett Kavanaugh, I take back all those doubts I had about you. You came off as over-privileged, possibly alcoholic (Never before has a Supreme Court nominee stated “I like beer”), and childish (Responding to Senator Amy Klobucher’s question, “Have you ever passed out drunk?” with “No, have you?”) in your nomination hearings. Now you have a life-long appointment to the Highest Court in the Land. I like beer, too. Can I at least get a Federal judgeship?
Amy Coney Barrett, I take back all those doubts I had about you. You came off as buttoned-down and “will say anything to be nominated” in your hearings. “Can you rule impartially on abortion rights since you are a member of a pro-life group?” “I cannot answer a hypothetical question. I will follow the law.” You also get that life-long appointment since you survived the super-spreader celebration that Donnie held for you in the White House Rose garden.
On Monday, the Supreme Court heard arguments regarding Texas’ strict abortion law. The law not only forbids abortion before many women even know they are pregnant, but it leaves enforcement to any citizen who can claim a $10 K reward for informing on abortion providers and those poor women. “Need $10 K to cover your gambling debts? Try Squid Game or turn in the 14 year old who got an abortion.”
The law makes no exception for rape or incest, but that’s OK. Governor Greg Abbot assured his constituents that he will round up all the rapists and perverts from El Paso to Houston. Ladies, you can feel safe in Texas. Then whole state will be like a nunnery.
Both Brett and Amy made cogent legal arguments against the Texas law during questioning on Monday. Brett pointed out that in 1908 the Supreme Court ruled that state officials were subject to Federal lawsuits while enforcing state law. That is why Texas Attorney General Wade was the defendant in the famous Roe v. Wade. Under this law, it would be private citizens against abortion recipients or providers. Brett called that a “loophole” since it barred people from going to Federal court.
Amy then chimed in. “Under this law, a doctor could be sued by hundreds of “citizens” over a single abortion, but state judges could only rule on one at a time. This eliminates global relief even if the doctor wins the first case.”
It appeared that six of the nine Justices favored clearing the way for Federal courts to block enforcement of the Texas law.
It is reassuring that what appeared to be blatantly political appointees to the Supreme Court are actually following legal precedent. Ruth Bader Ginsburg must be smiling.