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In 2016, President Trump ran on overturning Roe and giving abortion decisions back to the states. Getting the federal government out of such matters.
Promises made, promises kept.
Yesterday’s Supreme Court just firmly solidified these decision rights remain at the state level. From SCOTUSblog:
"By a vote of 6-3, the court, in an opinion written by Justice Neil Gorsuch, held that a provision of the Medicaid Act requiring states to ensure that Medicaid patients can obtain care from “any qualified provider” does not create the kind of clear and unambiguous right required under the Supreme Court’s cases to allow private lawsuits alleging violations of the provision."
If this is your issue, you need to fight it in the states. Come to Colorado — it’s ground zero as they enshrined taxpayer funded baby murder into the state constitution after Roe.
End of Session
Tomorrow is a big day for the High Court. They're expected to drop opinions in their remaining six cases in this session tomorrow.
An opinion in what the media is calling the “Birthright Citizenship” decision will drop, but this case is what we should all be referring to as the “Nationwide Injunction” case. This case is about Presidential authority and whether district courts that get their authority and limited jurisdiction from Congress can halt the President’s agenda at home and abroad. (Madness.)
From NBC News, “What the court says about so-called nationwide injunctions could have wide-ranging impacts, with judges frequently ruling against Trump on his broad use of executive power. The court also has the option of side-stepping a decision on that issue and instead taking up the merits of the plan.”
NBC admits that the matter before SCOTUS is not about birthright citizenship, but they still call it the birthright citizenship case and, if the decision doesn’t go their way, they will spread hysteria about birthright citizenship because that is how this goes.
Also note how NBC says the court has the option of ignoring the matter before them and taking up the merits of Trump’s birthright citizenship plan. Really? Has it been fully briefed? Is NBC seriously suggesting that the Supreme Court can just claim the authority to direct US immigration and naturalization policy without lower courts finding the facts and without even a briefing by all the parties? (Actually, it’s not surprising that NBC would suggest that. They’re authoritarian AF over there.)
In addition to the matter of nationwide injunctions, the court has five other cases pending:
- Can parents opt out their elementary kids from gay and trans books and instruction? Insane that this is even a question.
- Can the FCC delegate funding authority to a private nonprofit, or does that violate the Constitution's nondelegation doctrine? Insane that this is even a question.
- Does the Affordable Care Act's preventive care task force have legal authority despite not being given any legal authority under the constitution? Insane and hilarious, and gets at the whole “independent agency” nonsense Brian and I have been discussing lately.
- Is Louisiana gerrymandering lawful? This is the case where they talked about drawing districts to protect Speaker of the US House Mike Johnson during orals. I hate it. End the parties.
- Can Texas require photo ID age-verification to access online porn, and does “modern age-gating tech” pass constitutional muster? Porn or no porn, I hope we can find some limitations on digital intrusions.
Buckle up. Tomorrow is going to be a weird day.
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