In Which the Supreme Court Gets One Right, So Far

Whole Woman’s Health et al v Austin Reeve Jackson, Judge, et al On Application for Injunctive Relief is a case brought to the Supreme Court by plaintiffs seeking injunction against a newly effective Texas law that bars abortions when a doctor can detect a fetal heartbeat and assigns to the citizens of Texas sole authority to enforce the law, through civil court action.

By a 5-4 vote, the Court declined to enter the matter at this stage of litigation, thereby permitting Texas’ law to remain in effect.

I have some thoughts on the matter.

Here’s the core of Chief Justice Roberts’ dissent from the Court’s decision to not interfere, at this time, with Texas’ heartbeat law:

I would grant preliminary relief to preserve the status quo ante—before the law went into effect—so that the courts may consider whether a state can avoid responsibility for its laws in such a manner.

It’s interesting that Roberts would so misconstrue the situation. Even at the State level, the citizens are sovereign, not the governments they hire/elect from time to time. Far from Texans’ government avoiding responsibility for its laws, it has put that responsibility in the present case, without filter, where responsibility originates: with the sovereign citizenry.

Here’s Justice Breyer, dissenting:

But a woman has a federal constitutional right to obtain an abortion during that first stage.

True enough, as far as it goes, but it, and Breyer, don’t go very far. The baby has a prior, unalienable right to its life.

Then Breyer raised a non sequitur, unusual for a Supreme Court Justice:

The very bringing into effect of Texas’s law may well threaten the applicants with imminent and serious harm. One of the clinic applicants has stated on its website that “[d]ue to Texas’ SB 8 law,” it is “unable to provide abortion procedures at this time.” Planned Parenthood South Texas [URL omitted] And the applicants, with supporting affidavits, claim that clinics will be unable to run the financial and other risks that come from waiting for a private person to sue them under the Texas law; they will simply close….

That’s purely speculative, however plausibly so, and so it’s beyond the scope of any American court’s reach. Aside from that, and more importantly, it may be unfortunate for Planned Parenthood South Texas, but that’s all it is. No business, no entity of any sort, has a Constitutional right to a particular business model. On the contrary, any business’ model must be designed to operate within the bounds of law.

Here’s Justice Sotomayor, dissenting:

The Act [SB8], which took effect statewide at midnight on September 1, makes it unlawful for physicians to perform abortions if they either detect cardiac activity in an embryo or fail to perform a test to detect such activity.

And yet the presence of cardiac activity—Sotomayor’s (cynical, I say) euphemism for a heartbeat—clearly shows that the baby is alive, and not just a cluster of cells (as many pro-abortionists assert babies to be). That brings us back to the part about the baby having a prior, unalienable right to its life.

The Court’s ruling can be read here.

Debt Ceilings and Spend-Thriftiness

One hundred and three House Republicans have signed a letter committing themselves to never vote for a debt ceiling increase under any circumstances. Forty-six Senate Republicans have signed a substantially similar letter.  (Aside: the nine Republican Representatives and four Republican Senators should be asked why they’re not signing on.) The signatories

will not vote to increase the debt ceiling, whether that increase comes through a stand-alone bill, a continuing resolution, or any other vehicle.

Of course, Congressional Progressive-Democrats are in a snit over that. Their beef centers, amorally, on “You guys are spendthrifts, too!”

They say most of the spending that will cause a breach of the debt limit later this year was passed on a bipartisan basis before President Biden assumed office.
They also note that Republicans significantly increased the deficit when they were in power during the first two years of former President Donald Trump’s term….

True enough. Both parties are guilty of spending American taxpayers’ money like it’s all Modern Monetary Theory’s bottomless bank of monopoly dollars. That, however, is no excuse for continuing the fiscal—and national economic security—folly.

Progressive-Democrats are in control now, with a majority in the House and control of both the Senate and the White House.

Progressive-Democrats have, today and in the coming months, the political capacity to show that they’re not just a bunch of woke virtue signalers and to live the virtue they claim. Today and in the coming months, the Progressive-Democrats can adjust their spending ways to limit themselves to the existing debt ceiling.

An Example

…of what an honorable government does. This is the Republic of Korea.

From Laura Bicker, @BBCLBicker, via Lyman Stone @lymanstoneky:

@BBCLBicker
380 Afghans who worked for the Korean government in Afghanistan will arrive in South Korea tomorrow according to MOFA [Republic of Korea’s Ministry of Foreign Affairs]. They will not be entering as refugees, but as people of merit to the country says the Foreign Ministry.
9:20 PM · Aug 24, 2021

@BBCLBicker
The 380 are currently at Kabul Airport and will arrive in Incheon tomorrow by military plane. These are Afghans who have worked for years at the Embassy, KOICA, Bagram Korean Hospital, Bagram Korean Vocational Training centre, Chairkar Korean Provincial Reconstruction Team.

@BBCLBicker
The Afghan staff and families will go through the quarantine process as soon as they arrive in Incheon Airport and will then be moved to government owned temporary housing. All notes from MOFA briefing monitored by @HosuLakeLee

Unfortunately—dangerously—we have the Biden/Harris administration instead.

Two Congressmen Went on a Trip

Congressmen Seth Moulton (D, MA) and Peter Meijer (R, MI) went to Kabul, Afghanistan to see for themselves the situation there. They didn’t want to rely solely on President Joe Biden’s (D) word, or those of SecDef Lloyd Austin or JCS Chairman General Mark Milley. Even worse, they didn’t say, “Mother, may I” before heading off.

What’s really bad, though, is that Biden, et al., weren’t interested in what Moulton and Meijer learned on their trip—it was the fact of the trip itself and that the travelers bypassed the Wonders of the Potomac in the going. In fact, the Biden/Harris administration quite angry about the Congressmen’s impudence.

Biden administration officials were furious about the trip, claiming that the arrival of the men caused a distraction for the personnel on the ground attempting to do a job amid chaos. One senior official told the Washington Post, “They’re taking seats away from Americans and at-risk Afghans—while putting our diplomats and service members at greater risk—so they can have a moment in front of the cameras.”

This isn’t just disingenuous, it’s utterly dishonest. No seats were taken away from at-risk Afghans, not when Biden has abandoned them completely in his panic to get our military out of Afghanistan by the end of the month, on Taliban orders.

Even worse is that lack of interest in what the two observed:

leaving on a passenger flight [but only if that ride had three empty seats] and being taken to an area where evacuees are being temporarily relocated will provide them with on-the-ground knowledge of what the rescue process looks like, and aid their ability to deliver oversight.

Biden, et al., already know all the answers; they have no interest in facts.

We’re So Special

That’s the attitude of Progressive-Democrats, as illustrated by House Speaker Nancy Pelosi (D, CA).

She held an expensive fundraiser last weekend while her constituents [were] still bound to COVID-19 regulations, which require, among other things, masks to be worn when people are in close proximity with each other.

The principals, from Pelosi to her bank book-opening attendees were maskless. Every single one of them.

On the other hand, the wait staff—every single one of them—had to wear the masks. Because they’re just hir’d he’p; they don’t matter so much.

Congressman Byron Donalds’ (R, FL) description is spot on and broadly inclusive:

They make all their rules for the American people but they don’t follow them. They tell the poor of America what needs to be done but they don’t actually do it themselves. So, they love having crystal on a table and getting jumbo lump crab and all that good stuff without masks, but when it comes to the American people, like let’s say in the city of New York, they are not allowed to go in a restaurant if they don’t present their vaccine card[.]

Because our Betters are Special.