An Interesting Court Fight

…may be in the offing.

Arkansas Governor Asa Hutchinson (R) signed into law a bill that bans all abortions save when the mother’s life is at risk. Even pregnancies resulting from rape or incest are banned from abortion.

The governor also acknowledged the ban is in contradiction of binding precedents of the US Supreme Court, but it is the intent of the legislation to set the stage for the Supreme Court overturning current case law.”

Indeed. Especially since the primary precedent is Roe v Wade, which is, at bottom, a technologically oriented precedent. The Court ruled that States could govern the availability of abortions after the third trimester began—because that was the point at which the fetus became viable outside the womb under the then-extant medical technology.

Today’s medical technology has advanced by orders of magnitude; accordingly, at worst, the Arkansas law provides the Supreme Court the opportunity to adjust its precedent in accordance with modern medical capability, if not to rescind Roe altogether.

Additionally, the ACLU is being its usual cynical self.

The American Civil Liberties Union of Arkansas attacked the bill calling it “cruel and unusual[.]”

No, what’s cruel, but sadly entirely too usual, is murdering babies before they’re born.

Censorship

A collection of Letters in Monday’s Wall Street Journal centered on the Kancel Kulture’s penchant for censorship.

A couple of points regarding that penchant. One letter writer asks,

Why do the canceling elite feel they must protect us from anything that might possibly be upsetting?

The answer is because they assume, since they are so terrified of anything remotely or just potentially a little bit upsetting, and they need desperately to be protected from such, that everyone else must be terrified and so need protection, also.

Another letter writer notes, with reference to censoring Seuss, that

To learn to read is to learn to expand one’s mind and enable critical thinking.

As part of that, those depictions of an earlier age also could be used to illustrate how far we’ve come as a nation. The elitists, the Progressive-Democrats, and the Left generally, however, can’t stand for us to see that progress. It would undermine their narrative.

An Early Model

The Georgia Senate has passed, and sent to the Georgia House, election reform legislation that could be a model for other States to follow—while, say I, encouraging—requiring, really—the Federal government to butt out.

Some highlights:

  • eliminate no-excuse absentee voting and
  • limit mail-in ballots to individuals who qualify based on specific criteria
    • people who are physically disabled
    • are over 65 years old
    • are eligible as a military or overseas voter
    • have a religious holiday around election day
    • work in elections
    • somehow need to be outside their voting precinct during the early voting period and election day
  • eliminate no-excuse absentee voting
  • require voter identification to request an absentee ballot
  • require Georgia to participate in a nongovernmental multi-state voter registration system to cross-check the eligibility of voters
  • allow mobile voting units to be used only to replace current brick-and-mortar voting facilities, not supplement them
  • set up a telephone hotline to receive complaints and reports regarding voter intimidation and election fraud, and require the State’s Attorney General to review them within three days

Obliviousness

I wrote yesterday about the US Soccer Federation’s…foolishness…regarding its decision to allow its players to take a knee during our national anthem. After that bit of USSF wokeness, the USSF added to its miscreancy.

A US Soccer Federation’s Athlete Council member was removed Sunday after giving a speech at a meeting voicing his opinion against the organization repealing the anti-kneeling policy.
Seth Jahn, 38, was against the US Soccer Federation’s decision to repeal the rule for players barring kneeling during the national anthem.

What Jahn said, in part:

I’m sure I’m going to ruffle some feathers with what I’m about to say, especially given the athletes council that I’m on, but given the evolution of our quote-unquote, progressive culture where everything offends everybody, those willing to take a knee for our anthem don’t care about defending half of our country and when they do so, then I don’t have too much concern in also exercising my First Amendment right,” he said Saturday, via Stars and Stripes FC. “We’re here to get a different perspective. I also feel compelled to articulate that I’m of mixed race and representative of undoubtedly the most persecuted people in our country’s history, Native Americans.

He added some well-known statistics regarding cause and responsibility for the rampant nature of black violent deaths, statistics which the Left, and here the USSF, chooses to hide from. Then he went on:

I keep hearing how our country was founded on the backs of slaves, even though approximately only 8% of the entire population even owned slaves. Every race in the history of mankind has been enslaved by another demographic at some point time. Blacks have been enslaved. Hispanics have been enslaved. Asians most recently in our country in the freaking 20th century, have been enslaved. Natives have been enslaved. Whites have been enslaved. Shoot, I lived in Africa for two and a half years where I could purchase people, slaves, between the price of $300 and $800 per person, per head depending on their age, health, and physicality.
Where were the social justice warriors and the news journalists there to bring their ruminations to these real atrocities? And yet in all of history, only one country has fought to abolish slavery, the United States of America, where nearly 400,000 men died to fight for the abolishment of slavery underneath the same stars and bars that our athletes take a knee for. Their sacrifice is tainted with every knee that touches the ground.

The USSF? Its council gave this cynical rationalization, claiming Jahn was removed because his remarks

violated the prohibited conduct’s policy section on harassment, which prohibits racial or other harassment based upon a person’s protected status (race), including any verbal act in which race is used or implied in a manner which would make a reasonable person uncomfortable. The athlete’s council does not tolerate this type of language and finds it incompatible with membership on the council. While the council understands that each person has a right to his or her own opinion, there are certain opinions that go beyond the realm of what is appropriate or acceptable.

With that, the USSF has illustrated my point regarding its unseriousness—and its insulting attitude toward honest Americans. And has made manifest its own rank intolerance. Along with its claim that the Precious Woke of the USSF get to determine what speech is to be freely allowed and what speech is to be freely censored—and the speaker canceled.

They’re not oblivious, after all, nor are they mere tail turners—they’re overtly intolerant, and they consciously stand for everything America does not.

Good for Thorne

Barton Thorne, who leads Cordova High School in Shelby County, TN, was put on leave after a video address to students in January in which he warned them about Big Tech companies that “filter and…decide what you can hear and know about.”

Thorne retained the services of Liberty Justice Center, and as soon as they contacted the school district, the district lifted the suspension and reinstated Thorne.

That’s the end of the matter, right?

No. What makes this case especially noteworthy is Thorne’s and LCJ’s next action.

Though Thorne has been reinstated, he is still suing the school district over the dismissal. In a complaint filed this week, Thorne’s attorneys argued that Thorne’s statements were within the protected bounds of Shelby County Schools policy and that the school should be compelled to acknowledge that his suspension “violated the First Amendment” and that the school district “breached [its] contract” with Thorne over the dismissal.
“When they took Principal Thorne’s job away, they took his reputation away,” [LJC Senior Attorney Daniel] Suhr said. “They gave his job back, but now they need to make right on his reputation.”

Yewbetcha. Never disengage. Don’t let them loose, which only means we’ll have to fight them again.