Wednesday, May 29, 2019




Groundhog's Day?




Abortion Politics:  Yesterday, in an unsigned opinion the Supreme Court let stand a lower court ruling that had invalidated part of an Indiana abortion law that was first passed back when that noted protector of morals and values  Vice President Pence was governor of the state. The case involved two aspects of the law: one part required fetal remains to be disposed of separately from surgical byproducts following an abortion and the other prohibited abortion when the decision was based on the sex, race, or possible disability of a fetus. The Supreme Court disagreed with the circuit court’s decision that had blocked the part of the law involving the disposal of remains, instead ruling that because the Indiana law did not present any burden against a woman's ability to get an abortion, it only needed to pass the low level of scrutiny that requires it to be "rationally related to legitimate government interests." The court found that it met that requirement, in that it was related to the interest of "proper disposal of fetal remains."  As to the prohibition on race, sex, or disability-based abortion, the Court left in place the circuit's decision against it, effectively allowing such abortions to proceed. However, at the same time the Court made a point of saying that their decision was based on the fact that only one circuit court had ruled on the issue so far, meaning they could rule against such a law in the future by revisiting this case or taking up another one of those restrictive laws percolating in their direction.  In other news, Missouri, one of those states that recently passed one of those absurdly restrictive abortion laws that are now the “thing” among states hoping to win the “overturn Roe v Wade race” is on the verge of becoming the first US state without a functioning  abortion clinic since the 1973 passage of Roe.  Planned Parenthood, Missouri’s only clinic operator, said that the state’s health department is refusing to renew its annual license to provide abortions.  Basically the state has come up with additional requirements, at least one of which is practically impossible for the facility to meet, which is essentially the whole point of the new restrictions.  Planned Parenthood has filed a lawsuit requesting a restraining order against the state, hoping to restore the license and avoid service disruption. With time running out a circuit court judge is expected to hear arguments today.  In an unrelated decision that concerns bathroom use, because who uses which bathroom is now an issue that ends up in the courts, the Supreme Court refused to “second-guess” a Pennsylvania school district's policy that allows transgender students to use bathrooms matching their gender identity. The action, with no noted dissents, represented a victory for the transgender rights movement and a defeat for those religious wingnuts like VP Pence who fear that unless birth gender is used to determine which bathrooms and locker rooms students use the world will explode.  As to the Court itself, to no one’s surprise Senate Majority Leader McConnell who quite effectively barred former President Obama’s Supreme Court choice, Merrick Garland, from even having a confirmation hearing by asserting that it was inappropriate to consider a new Court nominee during the run up to a presidential election told an audience in Kentucky yesterday that he would have no qualms about allowing the confirmation of a Trump Court nominee to go forward in the run up to the 2020 presidential election to the extent he was lucky enough to have that opportunity, as in lucky enough to have one of those liberal judges die on his watch.  He said that while giggling gleefully.  Notably, Senator Lindsey Graham is on record saying that as chair of the Judiciary Committee he wouldn’t allow such a thing to happen, but then again Graham, who is himself up for reelection in 2020 isn’t known for consistency and has already shown that he will do whatever it takes to insure his own reelection, and getting one of those uber conservative justices confirmed could be the clincher he needs.  

Political Machinations:  Republican Congressman Justin Amash who so far remains the only Republican member of Congress to actually read and understand what the Mueller report says held a town hall meeting back in his Michigan district last night.  He was greeted by a packed house of largely supportive constituents, though not everyone present agreed with his call for Trump to be impeached or his critical assessment of Attorney General Barr’s performance they mostly appreciated his independence, probably not all that surprising given that he’s always been one to question authority and they voted for him in the first place.  He told the crowd that his job is to uphold the Constitution and that rather than rubberstamping Republican leadership that’s what he plans to do, pointing out that “I haven’t changed … I’m a principled, constitutional conservative who has stayed consistent, regardless of whether we’ve had President Obama in office or President Trump. The first Democratic presidential debate is scheduled to take place in late June, with the second scheduled for late July.  Though some of the twenty-three or twenty-four, its hard to count, more recently announced candidates have not yet achieved the polling and/or funding raising thresholds for participation in debates one and two, it is highly likely that most if not all of them will make it to the debate stage.  However, in an effort to push the winnowing process along, yesterday the DNC announced that the thresholds for the third debate, scheduled for September, will be about twice as high,  candidates will have to earn 2 percent support in four party-sanctioned polls between late June and August. In addition, they will have to show they’ve attracted at least 130,000 donors since the start of the campaign, including at least 400 from 20 different states.  So, if you’ve lost count or have given up memorizing the names of all of the people running don’t worry, by September the list will be shorter, hopefully.                 

Other News:  Late last week  a Federal Judge in California issued a ruling blocking Trump’s plan to redirect $1 billion in funding that had been  previously allocated to specific military projects to the building of his precious WALL.  The judge ruled that presidents can’t circumvent Congress’ funding authority saying “That when Congress declines the Executive’s request to appropriate funds, the Executive nonetheless may simply find a way to spend those funds ‘without Congress’ does not square with fundamental separation of powers principles dating back to the earliest days of our Republic.”  Trump, of course, attacked the judge for being one of those biased Obama appointees.  Although a few hours remain, it’s looking more and more likely that Israel is closing in on a “do-over” election.  As of now Prime Minister Netanyahu still hasn’t managed to put together a ruling coalition, if he doesn’t come up with one at the last minute, his only choice will be to dissolve parliament and move forward with new elections because the alternative,  giving his main opponent Benny Gantz of the Blue and White party the chance to try to put together a government, would not be in Netanyahu’s interest. Polls indicate that the results of a new election will probably be the same as the results of the old one.  How do you say Groundhog’s Day in Hebrew?      


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