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View Diary: Judge blocks Wisconsin copycat law requiring abortion doctors to have hospital admitting privileges (54 comments)

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  •  Constitutional? ALEC didn't care (21+ / 0-)

    I'm glad the courts are looking to the "undue burden" precedent. I'm amazed I even have to say that in the 21st century.

    Seneca Falls, Selma, Stonewall

    by Dave in Northridge on Mon Aug 05, 2013 at 01:00:26 PM PDT

    •  Well, Casey IS controlling precedent - for now. (5+ / 0-)

      With the Decision Points Theater, the George W. Bush Presidential Library becomes the very first Presidential Library to feature a Fiction Section.

      by Its the Supreme Court Stupid on Mon Aug 05, 2013 at 01:05:23 PM PDT

      [ Parent ]

      •  It is, but Casey is complicated. (0+ / 0-)

        The main opinion in Casey is a plurality opinion.  Souter, O'Connor and Kennedy made up the middle in those days.  Rehnquist and Scalia wanted to overturn Roe and Blackmun and Stevens wanted to invalidate other parts of the Pennsylvania law in question.  It is a real mish-mash of opinions, where Scalia and Rehnquist joined some parts of the plurality and Blackmun and Stevens joined other parts.  I don't even know whether the "undue burden" phrase garnered a full five votes.

        Now that Souter and O'Connor are gone, replaced by Alito and Sotomayor, the right-wingers figure they will press the issue.  They have the votes to get the case before the Court (you only need four votes to grant cert.)  Once there, who knows what Kennedy will do, although you would think that as the author of the plurality opinion, he would not vote to overturn Roe.

        I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

        by ccyd on Mon Aug 05, 2013 at 04:34:44 PM PDT

        [ Parent ]

    •  It's their strategy (10+ / 0-)

      They pass these offensive, unconstitutional laws at taxpayer expense, and defend them at taxpayer expense.  

      Are they deliberately doing this to suck money from liberal groups and the ACLU to go after these laws?  There WILL come a time when these groups will not be able to sue over each and every unconstitutional law these schmucks pass and slowly they will get these in place.

      The money (RWr money and tax money) is all on their side now.

      It's a horrifying thought.

      There already is class warfare in America. Unfortunately, the rich are winning.

      by Puddytat on Mon Aug 05, 2013 at 01:25:03 PM PDT

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      •  Appeals courts can finish off all these... (9+ / 0-)

        ...individual cases (since the laws are all the same or so similar they might as well be the same).

        Don't tell me what you believe, show me what you do and I will tell you what you believe.

        by Meteor Blades on Mon Aug 05, 2013 at 01:43:32 PM PDT

        [ Parent ]

        •  Are the circuits they fall under friendly (2+ / 0-)

          to the left or the right?

          Most of the people taking a hard line against us are firmly convinced that they are the last defenders of civilization... The last stronghold of mother, God, home and apple pie and they're full of shit! David Crosby, Journey Thru the Past.

          by Mike S on Mon Aug 05, 2013 at 02:15:56 PM PDT

          [ Parent ]

        •  Well that sounds good (3+ / 0-)
          Recommended by:
          Ahianne, jbsoul, 3goldens

          but groups bringing the cases need funds for the lawyers and court costs.  Because of lack of funds, only the admitting privileges law is being challenged.  The mandatory ultrasound law remains unchallenged.

          There already is class warfare in America. Unfortunately, the rich are winning.

          by Puddytat on Mon Aug 05, 2013 at 02:36:02 PM PDT

          [ Parent ]

          •  I'm not saying the current situation is... (2+ / 0-)
            Recommended by:
            3goldens, Larsstephens

            ...good. It's terrible, as I have noted over and over again here. But with these unconstitutional laws, it's obvious they ARE going to go down, and since these CLOSE clinics, better to spend the limited legal funds on them and take on the mandatory ultrasounds, which are awful, when those others are dealt with. Or, we get some rainmaker to pour more cash into the pro-choice legal coffers so everything can be challenged everywhere.

            Don't tell me what you believe, show me what you do and I will tell you what you believe.

            by Meteor Blades on Mon Aug 05, 2013 at 04:07:42 PM PDT

            [ Parent ]

        •  Enough votes to get it to the Supreme Court (0+ / 0-)

          These cases are going all the way to the top.  It only takes four votes for the Court to grant certiorari and they have the four votes.

          I do not feel obligated to believe that the same God who has endowed us with sense, reason, and intellect has intended us to forgo their use -- Galileo Galilei

          by ccyd on Mon Aug 05, 2013 at 04:38:48 PM PDT

          [ Parent ]

      •  The shotgun strategy (4+ / 0-)
        Recommended by:
        Puddytat, a2nite, ahumbleopinion, 3goldens

        Throw as many obnoxious bills out there as possible and hope that one or more slips through the cracks without challenge.  Also, it forces a lot of lawsuits and confuses the issue, because if some make it past the legal challenges then they have something to build on later.

        And it forces the Left into defense, if the Republicans manage to get a crapload of shitty laws passed while they're in office then if/when the Democrats finally hold the reins they'll have to waste time repealing or amending the Republicans' shitty laws instead of crafting their own.

      •  Don't worry (0+ / 0-)

        What we saw in 2010 was a dead cat bounce. Every day thousands and thousands of elderly Caucasian Republicans pass on to the great beyond, and are replaced by a multicultural polyglot of beautiful Democratic youngsters. This too shall pass.

      •  It is Racketeering by an Organized Criminal (0+ / 0-)

        Enterprise, aka, GOP.

        Use the RICO Act and grab all the GOP's and GOP Super Rich Supporters' assets.

        Then the shit will stop.

        Until you destroy the Super Rich interest to be engaged in the GOP batshit crazy agenda they will keep funding the crazies.

        You take all the assets of Koch or Hunt, or any number of the GOP super rich for racketeering they will pull their heads out of their collective asses.

      •  No, they do this as part of their primary election (0+ / 0-)

        strategy, so that they cannot be outflanked on the right. Actual governance and the public interest have nothing to do with it. Even passing harmful laws has nothing to do with their actual interests.

        Ceterem censeo, gerrymandra delenda est

        by Mokurai on Mon Aug 05, 2013 at 09:44:52 PM PDT

        [ Parent ]

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