Texas Abortion Law Remains In Effect

Earlier in the month I wrote about the decision of the Fifth Circuit to leave in effect the Texas abortion law that made Wendy Davis modern day priestess of Baal as far as the left is concerned (see The Fifth Circuit Rules In Favor Of Women’s Health and Life):

The bill ultimately passed in a special session and was immediately appealed on two grounds by Planned Parenthood.

They objected on two basic grounds: that the requirement that the abortionist have admitting privileges at a hospital within 30 miles and that the abortionist must be qualified in the field of obstetrics and gynecology, and that any use of the abortion pill be done according the protocol approved by the Food and Drug Administration.

They did not ask for an injunction based on the law requiring abortuaries meet the same physical specifications as urgent care clinics and it did not challenge the law outlawing any abortion after 20 weeks.

Planned Parenthood appealed to the US Supreme Court to overturn the Fifth Circuit ruling pending a hearing in January. Yesterday, Planned Parenthood got the bad news. The Supreme Court upheld the Fifth Circuit and allowed the Texas law to go into effect. The impact is that abortion, for all intents and purposes, is illegal in substantial areas of Texas.

Via: Red State

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California & other states urge Supreme Court to take up ACA contraception mandate Posted by Michael Doyle on October 21, 2013

California and 10 other states are joining forces to urge the U.S. Supreme Court to take up the so-called "contraception mandate" of the Patient Protection and Affordable Care Act.

Get ready for Obamacare redux!

In the brief filed Monday, California Attorney General Kamala Harris pressed the court to hear the appeal now known as Kathleen Sebelius v. Hobby Lobby Stores, Inc. The brief contends that the decision by the 10th Circuit Court of Appeals, permitting for-profit corporations to assert religious exemptions to certain laws, "could interfere with enforcement of other important regulations that protect public safety, civil rights, social welfare, housing, employment and public health."

"The decision’s reasoning could allow corporate owners to improperly disregard the corporate form and assert religious motivations to avoid regulatory obligations, leading to unfair market advantages and threatening the uniform enforcement of essential state regulation," the brief states.

The melodiously named Hobby Lobby case is likely to be one of the hottest of the high court's 2013 term, assuming it is granted. It will be granted, no doubt.

The Hobby Lobby owners contend regulations implementing the 2010 health care law violate their sincerely held religious beliefs. In particular, under the Religious Freedom Restoration Act, they are challenging a regulation that requires them, beginning July 1, 2013, to provide certain contraceptive services as a part of their employer-sponsored health care plan.

Via: McClatchy

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Read more here: http://www.mcclatchydc.com/2013/10/21/206026/california-10-other-states-urge.html#storylink=cpy

Christie Drops Opposition to Gay Marriage, Becomes Legal in Jersey

New Jersey Gov. Chris Christie on Monday withdrew legal opposition to gay marriage, making same-sex nuptials the law in the state.
The move makes New Jersey the 14th state in the nation to legalize gay marriage.

On Friday, the state Supreme Court refused to delay a lower-court order for the state to begin recognizing same-sex marriages. On Monday morning, Christie said in a statement that he ordered an appeal dropped.

"Chief Justice Rabner left no ambiguity about the unanimous court's view on the ultimate decision in this matter when he wrote, 'same-sex couples who cannot marry are not treated equally under the law today," Christie said.

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"Although the governor strongly disagrees with the Court substituting its judgment for the constitutional process of the elected branches or a vote of the people, the Court has now spoken clearly as to their view of the New Jersey Constitution and, therefore, same-sex marriage is the law.

"The governor will do his constitutional duty and ensure his Administration enforces the law as dictated by the New Jersey Supreme Court."

One second after midnight in Lambertville, a city of just under 4,000 people on the Delaware River, Beth Asaro and Joanne Schailey said "I do" in what they believed was the state's first such ceremony. Their union before Mayor David DelVecchio was held in a municipal meeting hall.

Via: Newsmax

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Antonin Scalia: 14th Amendment Protects Everyone, Not 'Only The Blacks'

During oral arguments on an affirmative action case on Tuesday, Supreme Court Justice Antonin Scalia said the 14th Amendment protects everyone, not "only the blacks."

The quote was tweeted by the New York Times' David Leonhardt:

The high court debated Tuesday whether voters can ban affirmative action programs through a referendum. The case is centered around a 2006 Michigan vote that approved a ballot initiative amending the state's constitution to ban affirmative action programs in higher education.

Scalia has brought race into previous arguments. In February 2013, Scalia suggestedthat the continuation of Section 5 of the Voting Rights Act represented the "perpetuation of racial entitlement," saying that lawmakers had only voted to renew the act in 2006 because there wasn't anything to be gained politically from voting against it.

Via: Huffington Post Politics

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FLASHBACK: Separate But Equal – It’s The Law Stupid …

We hear a lot of hemming and hawing from Democrats these days that Obamacare is the law of the land and found constitutional.

That got me to thinking – has there ever been a bad law that was ruled constitutional previously, verified as “The Law of The Land” yet ruled unconstitutional many years after?

I cracked open an old history book I had from my high school days and believe it or not, I actually did find one.

America is a Democratic Republic and as such, there are things that are made law every single day.  Most of these laws of which we’re completely unaware.

There are bad laws and there are good laws.  Our founders gave us a document that is a companion to the brain that God gave us.  They knew that “the law” is not rigid and uncompromising, but a living, evolving entity.

They knew things can and will change with the times.  To say that something is simply “the law” is asinine and ignorant of our country’s rich history of enacting laws that suckand then repealing laws when cooler/wiser/different heads prevailed.

I’ll leave you with this small list of laws that sucked and were ultimately repealed.

• Separate but Equal
• Jim Crow
• Prohibition
• Fugitive Slave Act
• Alien & Sedition Act
• Chinese Exclusive Act

Via: Weasel Zippers

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Former U.S. Attorney Joe DiGenova: SCOTUS Aware DOJ Advising Universities To Disregard Their Ruling On Race Based Admissions, Preparing To “Slap Them Down”

Relevant portion starts at 3:15.

Update to this story.

Joe DiGenova is a Former U.S. Attorney for the District of Columbia. He spoke on WMAL this morning, noting that the DOJ actually advised universities in writing to ignore the SCOTUS ruling on race based admissions. The ruling determined that you could not use race as the primary factor in determining admission. Yet, the DOJ letter advises the universities that they could carry on as they had been doing.

DiGenova said the SCOTUS was prepared to smack down the DOJ in “a big way”, that they were aware of the DOJ letter sent out to disregard their ruling and might even cite to it in their decision in an upcoming Michigan case.

Via: Weasel Zippers

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