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A notorious Trump judge just fired the first shot against birth control

Discussion in 'Too Hot for Swamp Gas' started by philnotfil, Dec 13, 2022.

  1. philnotfil

    philnotfil GC Hall of Fame

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    They told us when Dobbs overthrew Roe v Wade, that they weren't coming after all the other things that relied on the same legal underpinning, yet here we are.

    A notorious Trump judge just fired the first shot against birth control

    But Kacsmaryk isn’t like most other judges. In his brief time on the bench — Trump appointed Kacsmaryk in 2019 — he has shown an extraordinary willingness to interpret the law creatively to benefit right-wing causes.

    This behavior is enabled, moreover, by the procedural rules that frequently enable federal plaintiffs in Texas to choose which judge will hear their case — 95 percent of civil cases filed in Amarillo, Texas’s federal courthouse are automatically assigned to Kacsmaryk. So litigants who want their case to be decided by a judge with a history as a Christian right activist, with a demonstrated penchant for interpreting the law flexibly to benefit his ideological allies, can all but ensure that outcome by bringing their lawsuit in Amarillo.

    And so, last Thursday, the inevitable occurred. Kacsmaryk handed down a decision claiming that “the Title X program violates the constitutional right of parents to direct the upbringing of their children.”

    Kacsmaryk’s decision is riddled with legal errors, some of them obvious enough to be spotted by a first-year law student. And it contradicts a 42-year-long consensus among federal courts that parents do not have a constitutional right to target government programs providing contraceptive care. So there’s a reasonable chance that Kacsmaryk will be reversed on appeal, even in a federal judiciary dominated by Republican appointees.
     
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  2. wgbgator

    wgbgator Premium Member

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    While the judicial system would still be awful, just a minor reform like oh... NOT BEING ABLE TO CHOOSE YOUR JUDGE! might make it slightly less so. I mean, just the fact that you can run to a judge, rubber stamp some batshit theory you know he'll buy and then basically sow chaos or suspend some law for months if not years seems pretty bad and undemocratic.
     
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  3. sierragator

    sierragator GC Hall of Fame

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    So when does the gop drop this hard on they have for micro managing people's lives? Especially ironic as they like to bark about freedom and limited government. Hypocrites.
     
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  4. WarDamnGator

    WarDamnGator GC Hall of Fame

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  5. gator_lawyer

    gator_lawyer VIP Member

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    This is typical for the Texas Trump "judges." There's a group of them who rubber stamp whatever idiotic lawsuits Republican activists bring.
     
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  6. partdopy

    partdopy GC Hall of Fame

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    I admittedly just scanned the article, but is this just saying that government grants won't be given to providers of birth control to minors that don't notify parents and get consent?

    I'd be in favor of requiring parental consent for medication that impacts hormones, for one. Also, couldn't they still get the products with money instead of grants?
     
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