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  Yet injunctions, by their nature, are temporary—even permanent ones, which can be withdrawn for any number of reasons at any later date when they’re found no longer to be useful.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.

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.

“How Democrats Made America Exceptional”

Indeed.  But not in a good way.  Alan Colmes has an op-ed of this title in The Wall Street Journal; let’s look at some of his claims.

Conservatives blast the left for not appreciating “American exceptionalism”—even though Barack Obama is the only president to have ever used that phrase, at least in the past eight decades or so.

Which Democratic Presidential Candidate Obama did pejoratively:

I believe in American exceptionalism, just as I suspect that the Brits believe in British exceptionalism and the Greeks believe in Greek exceptionalism.

Sure.  Our exceptionalism is just one among 20.  Or 192.  But this is a minor quibble.

Here’s the important stuff.  Here’s Social Security, for example.

Roosevelt created Social Security [wrote Colmes], a program that today keeps 40% of seniors above the poverty line and helps families with disabilities and those who have lost loved ones.

FDR did this at a time when there were seven American workers for every retiree, and the retirees had a life expectancy of five years in retirement.  Moreover, FDR designed it as a supplemental income program, with the retirees still expected to look to their families for any additional support needed.  Today, Social Security has three workers for every retiree, and the retirees have a life expectancy of fifteen years in retirement.  And today’s family man is taxed for the current retirement support of utter strangers.  He’s not allowed to set that money aside for his own retired parents in particular, or for his own future retirement.  Under these demographic facts, Colmes objects to redesigning Social Security, so that the promise of a safety net can be kept—if under different guise.

[Republican Vice Presidential Candidate Paul Ryan] wants to dismantle that same Social Security program.

No, let’s just leave it alone, and let it fail completely.

Food stamps.  Ah, yes.

Today the Supplemental Nutrition Assistance Program, better known as food stamps, feeds one in seven Americans. The program was established in 1939 by FDR’s then Secretary of Agriculture Henry Wallace.  Recipients are not all lazy bums sitting on their posteriors….

The only ones talking about food stamp recipients being lazy are Progressives trying to distract by denying a charge that isn’t being made.

More importantly, though, Colmes actually recites that food stamp dependency ratio like it’s a good thing that government policies have reduced 15% of Americans to such straits.  But why do we have a food stamp program at all?  FDR, via the National Labor Relations Act, put a floor under the wages employers were allowed to pay—at the height of the Depression, with 20+% unemployment—thus making it too expensive for employers to hire.  On top of this, he put a floor, with his Agricultural Adjustment Acts, under the price of food at which farmers could sell, ensuring that all of those out of work Americans—too many now unemployable by law—could not afford their daily bread.  Enter FDR’s food stamps, in an attempt to enable the artificially priced out of work to buy their food at those artificially inflated prices.  And those CCC and WPA programs of which Colmes is so proud?  Well-intentioned, to be sure.  But they worked in concert with FDR’s price and wage floors to crowd out the private employers that otherwise would have done the hiring—with the private economy’s far greater impact.  Indeed, these New Deal policies, far from providing relief from the impact of the Depression, prolonged it.

“Reproductive rights.”  Colmes has this to say:

The fight for women’s rights continues, as regressives try to put an end to already-established reproductive rights. Even if you don’t believe that 98% of Catholic women have used birth control, as a 2011 Guttmacher Institute study showed, the overwhelming majority has[.]

and

If Messrs. Romney and Ryan have their way, reproductive rights would be overturned and millions of Americans denied health-care coverage.

Here Colmes is cynically conflating the right to choose to have children—or not—with insurance coverage for the birth control mechanisms and abortifacients that facilitate that choice.  And he insists that it’s OK to force people or their religious institutions to pay for these even when it goes against their religious beliefs.  The fact that so many of us are sinners, anyway, somehow excuses this.  More, Colmes conflates objection to being forced to pay for something that violates one’s conscience with denial of availability altogether.  This is just more cynicism.  There’s nothing wrong with birth control for those who want it.  Insurance policies even exist that cover the incredibly cheap contraceptives as well as the abortifacients.  The problem is when the user is, by law, allowed to force others to pay for her contraceptives, her abortifacients, instead of buying them with her own money.

Colmes’ Progressives want the wrong type of exceptionalism for America.  They don’t want the old, foundational exceptionalism of self-reliance, individual responsibility, and a limited government that recognizes both the fundamental wisdom of Americans and that it has no standing to do for us for our own good.  They want Big Government acting in our stead.

Two Thoughts on Government

This video is what the Democratic Party used to open its convention in Charlotte, NC last week:

The Government Is The Only Thing We All Belong To

Here, on the other hand, is the Preamble to our Constitution:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

So.  Do we work for government, or does government work for us?  Do we belong to government, or does government belong to us?

Ronald Reagan answered this in his inaugural address in January 1981:

We are a nation that has a government—not the other way around.

We’ll take a step toward deciding this—again—in November.

Excuses of an Addict

In doing research on another subject, I ran across this article, a part of which I’ve excerpted below.

  • It wasn’t my fault!
    Rationalization and projection of blame attempt to distance the addict from the consequences of his (actually, of his addiction’s) actions.
  • You’re not so pure yourself!
    Following the adage that “the best defense is a good offense” the addict seeks to turn the tables and distract attention from himself by “attacking the attacker….”
  • Trust me – I know what I am doing!
    The addict, blinded to reality by his own denial, attempts to reassure those who have begun to wonder about his judgment….
  • I’m not nearly as bad as OTHER people!
    An almost universal addictive rationalization.  The addict compares himself to people who are in his opinion in far worse shape….
  • Look at all I have done for you! or This is the thanks I get!
    Another “guilt trip” designed to disarm or deflect criticism of addictive behavior.
  • Now is not a good time to stop!
    Another nearly universal addictive rationalization.  “I’ll quit tomorrow” is a familiar addictive refrain.  The time never seems quite right to stop – even though the addict may be or seem to be perfectly sincere in his determination

Do any of these excuses sound familiar in today’s political arena?