Our Judiciary’s Selective Enforcement

The Ninth Circuit strikes again.  The Ninth agreed with a Federal district court that an Idaho law that lets state authorities bring criminal charges against pregnant women who seek abortions by using medications purchased online would likely be found unconstitutional (the Ninth Circuit ruling can be found here).  The Ninth, however, overruled the lower court’s enforcement injunction, saying it was too broad.  Instead, the Ninth substituted its own injunction: state authorities are enjoined only from enforcing the Idaho law against the particular woman who brought the case, not from enforcing the law everywhere else.

The WSJ‘s Law Blog provides a summary of the case:

In May 2011, Mark Hiedeman, the prosecuting attorney in Bannock County, Idaho, brought criminal charges against Jennie Linn McCormack, an unmarried mother of three, after she purchased medications over the Internet in 2010 to terminate her pregnancy.  There are no licensed healthcare providers who offer abortions in southeastern Idaho and Ms McCormack, who didn’t want to have additional children, claimed the medications were prescribed by a physician outside of Bannock County.

The lower court set aside the case against McCormack and enjoined the prosecutor from enforcing the law against anyone on the grounds that it was unconstitutional.

Set aside your views of abortion for a moment, and consider what this appellate court has done vis-à-vis the injunction.

The law under which Hiedeman attempted to prosecute McCormack was found by the district court to be unconstitutional, and the Ninth agreed: it is likely be found unconstitutional.  Yet the Ninth then overruled the district court’s injunction against enforcing that law at all.

Their logic centers on the premise that the law has not yet, in fact, been found unconstitutional, and so the original broad injunction went too far.  Yet injunctions, by their nature, are temporary—even permanent ones, which can be withdrawn for any number of reasons at any later date when they’re found no longer to be useful.

So where is the harm done by the lower court’s broader injunction?  The state is harmed by not being able to enforce a law that is, nominally, legitimate.  Women are harmed by being threatened with prosecution—and potentially prosecuted and convicted—for acting as McCormack did and who is protected from prosecution for those same actions by the injunction as modified by the Ninth.  The women who are under the gun here, also are in a time-sensitive situation: their pregnancy must be terminated promptly, or not at all.  We the People are harmed by this court’s announcement that selective enforcement of a law, as a matter of state policy, is entirely legitimate.

This is a rule of law question, regardless of what we might think of the legitimacy of abortion itself.

Censoring Appeasement

These tweets are from the US’ State Department via the embassy in Cairo just prior to and during the initial rioting and American flag desecration at the embassy, and on the same day that American diplomats and staff were murdered in Libya:

We condemn the continuing efforts by misguided individuals to hurt the religious feelings of Muslims—
US Embassy Cairo (@USEmbassyCairo) September 11, 2012

and this:

U.S. Embassy condemns religious incitement ow.ly/dCxwY
US Embassy Cairo (@USEmbassyCairo) September 11, 2012

Try that link.  The material on the other end is “File not found.”  Hmm….

And this:

This morning’s condemnation (issued before protest began) still stands. As does our condemnation of unjustified breach of the Embassy

US Embassy Cairo (@USEmbassyCairo) September 11, 2012

Which the Cairo Embassy deleted from its Twitter account.  Except that tweets last a while, as Twitchy notes.

And this carefully deleted tweet:

@BrianGriffiths we did not apologize to anyone because we did nothing—
US Embassy Cairo (@USEmbassyCairo) September 11, 2012

Follow this Twitchy link to see more that the Obama administration has deleted.

And this Cairo Embassy statement—oddly, no longer found, also; try the link:

The Embassy of the United States in Cairo condemns the continuing efforts by misguided individuals to hurt the religious feelings of Muslims—as we condemn efforts to offend believers of all religions.  Today, the 11th anniversary of the September 11, 2001 terrorist attacks on the United States, Americans are honoring our patriots and those who serve our nation as the fitting response to the enemies of democracy.  Respect for religious beliefs is a cornerstone of American democracy.  We firmly reject the actions by those who abuse the universal right of free speech to hurt the religious beliefs of others

But not a word of condemnation for those who abuse the universal right of free speech to hurt us.

What else is the Obama administration covering up?  What else have they tried to censor from the public’s eye concerning these despicable attacks and their timid response to them?

Can our nation afford four more years of this?

Still Equivocating

Democratic Presidential Candidate Barack Obama continues to soft pedal our government’s reaction to the atrocious attacks on our embassies and our personnel.

Fox News reports that in a call Tuesday to Egyptian President Mohammed Morsi, Obama had this to say:

…he rejects efforts to denigrate Islam…there is never any justification for violence against innocents.

Still caveating, still being squishy.  Still more concerned with the hurt feelings of thugs than with the safety, the honor of Americans and America.

And this, in a who-cares statement (indeed, throughout his entire prepared statement, Obama merely recited his lines, consulting his note cards more than the faces of his audience, with no emotion other than evident boredom, no outrage fueling his statement):

While the United States rejects efforts to denigrate the religious beliefs of others, we must all unequivocally oppose the kind of senseless violence that took the lives of these public servants.

No.  No conditioned statement is necessary.  No caveats.  How do you “balance” the murders of innocents against anything?

There is never any justification for violence against innocents.

Period.

Addendum:  “We tragically learned that [Ambassador Stevens] had died.”  Tragically learned.  Not learned that [Ambassador Stevens] had tragically died.  Oh, no.  It’s Obama’s tragedy, not Stevens’ and his family’s.

Think I’m being too hard on Obama for a misspeak?  Watch the video.  He was reading from his prepared script.  He knew what he was saying.

Update: from Fox News this morning:

Secretary of State Clinton issued a statement strongly denouncing the anti-Islam video that is purportedly the cause of the violence as the administration sought to pre-empt further turmoil at its embassies and consulates.

“The United States government had absolutely nothing to do with this video,” Clinton said before a meeting with the foreign minister of Morocco at the State Department. “We absolutely reject its content and message.”

Duck and cover.  Yeah, that’s the ticket.  Apologize for having interrupted their fists with our face.  Don’t even think of denouncing the riots, the desecrations of our flag, the murders of our citizens, unequivocally.  In an actual statement of condemnation (hopefully accompanied by concrete action) that pulls no punches and that contains no other comments at all.  No, just point the finger at someone else.  Anyone else.  Especially at those evil Americans exercising their right of free speech.

You Already Have, Ace

Egyptian Prime Minister Mohamed Morsi had this to say on the third day of rioting, vandalism, desecration, and protests in and around the American Embassy in Cairo:

We will not permit any such event, any such occurrence against the embassies present in our territories.  The Egyptian people reject any such unlawful act.

You already have permitted such events.  For days.  And apparently, for days, the Egyptian people reject no such thing.

Morsi added this, too, in all seriousness:

We count on the US administration and the US people to take serious steps to put an end to that [anti-Islamic movie], because this is considered a crime against humanity and a crime against Muslims[.]

No unutterable arrogance here.  Free speech is a crime against humanity?  Free speech is a crime against Muslims?  According to whom, exactly, and by what authority?

Speaking of crimes, where is Muslim respect for our beliefs, for our free speech?

Oh, and Morsi had some boilerplate, too:

But at the same time we firmly say that this cannot be taken as a justification to assault consulates or embassies and cannot be taken also as a justification for killing innocent people.

Sure.

Americans Are Just Too Stupid

That’s what Democratic Presidential Candidate Barack Obama is telling us.  We’re too stupid to manage our own fiscal affairs, so we need Know Betters in Big Government to do for us.

He’s using this argument on Social Security, in particular.  As you know, Social Security will be out of money in just a few short years, dependent solely on cash flow—incoming payroll tax revenue from current workers—to pay current retirees, and that cash flow is only sufficient (barely) to pay around 75% of the current benefits.  That’s how well the Know Betters in Big Government have done for us so far.

Obama’s solution? He promises to fight the privatization of Medicare and Social Security:

We’re going to keep the promise of Social Security by taking the responsible steps to strengthen it.  And that’s not by turning it over to Wall Street.

There are two insults to our intelligence here.  One is that he actually thinks we believe that any plan to privatize either of these does so by “turning them over to Wall Street.”  The other is, as I said, that we cannot manage our own affairs—we must rely on Know Betters to take care of us.

Now, before going further into Obama’s contempt for our intelligence, it’s useful to summarize the actual plans put forward by the Republican ticket and thereby expose the dishonestly presented red herring that is Obama’s straw man.  With regard to Social Security itself, Romney/Ryan are looking to gradually increase the retirement age and to slow the growth in benefits for higher income future retirees—the changes would not affect current or medium-term future (those already 55 years old) retirees.

For the Medicare aspect of the Social Security system, they propose fixed payments to future retirees (i.e., those younger than 55; there would be no change here, either, for current or medium-term future retirees), initially set equal to current Medicare payouts.  These folks then could use these funds to shop around for their own health insurance coverage and keep the money they save if they buy a policy that costs less than these payments.  The resulting competition also will bring down the cost of such coverage and improve the quality of the policies offered (magnifying future savings) since these folks, now with skin in the game, will shop aggressively.  Or they could stay in the existing Medicare program, which would remain unchanged.

There’s very little privatization here; certainly, there’s not enough to suit me.

But why does Obama object even to this little bit?  After all, private accounts (to take an earlier suggestion from Republican Vice Presidential Candidate Paul Ryan, but which is not in the proposal actually on the table today), created from a diversion of one-third of a worker’s current payroll tax payment, would let these workers earn a greater rate of return on those tax payments than Social Security provides them.  This would achieve a number of things: for one, it would give the workers a considerable measure of responsibility for their own futures, and this would let them shop around for the best investments—driving costs down through competition.  For another, it would let those workers set aside money for their own future (and ultimately for their own families’ future) and not have it all diverted for the current retirement of utter strangers.  For a third, it would allow these workers to satisfy their own moral obligation to “seek their own happiness” and to not be burdens on strangers, except temporarily and in the most dire conditions.

Opponents—Obama—object to this individual responsibility and freedom.   He says private accounts would make then-retirees dependent on volatile stock and bond markets.  And the move to private accounts would incur large transition costs, because tax payments diverted to the accounts are needed to pay benefits for current retirees.

The last is just a crude sophistry.  Transition costs are, by their nature, temporary—they are not permanent like, for instance, the cost of a failed, bankrupt social security system.  Moreover, the transition costs, while large (every dishonesty has a measure of truth in it, in order to achieve an appearance of plausibility) actually are easily borne.  A flatter (I say flat) and broader-based income tax system will bring in more revenue for the government through that broader base, fewer (I say no) deductions, credits, and the like, and through sharply increased economic activity which will generate increased income to be taxed.  This excess [sic] revenue can be used both to cover the transition costs and to pay down the debt (and exclusively to pay that debt once the transition is complete).

But more than this, a population that isn’t beholden to—isn’t dependent on—the incumbents aren’t a power base for those incumbents.  Obama’s Social Security and Medicare plans are just crass bread and circus vote pandering.  And they won’t solve the impending failures of Social Security and Medicare.

But Obama thinks we’re just too stupid.  Too stupid to manage our own affairs and too stupid to see through his empty rhetoric to the lie underneath.