Before the retirement of Justice Anthony Kennedy, the sometimes “moderate” justice kept women’s rights on life support. His resignation left Chief Justice John Roberts in that position, one he fulfilled today in the 5-4 decision that struck down a Louisiana law created to strike down all except one clinic in the state that performs abortions. The gist of the law was the state mandate requiring doctors to have admitting privileges at a local hospital, almost identical to a case about Texas law SCOTUS overturned just four years ago. In that decision, a 5-4 court determined the unconstitutional law served no benefits to patients but significantly burdened their access to abortion.
Brett Kavanagh, who promised Sen. Susan Collins (R-ME) he is pro-Roe v. Wade to get Kennedy’s position, showed he is no Kennedy: he and Justice Neil Gorsuch joined ideologues Samuel Alito and Clarence Thomas against women’ reproductive rights. Roberts voted against the majority four years in his desire to keep the Texas law, and he wrote his own opinion to prove he’s still a conservative—just wanted to preserve stare decisis, deference to precedent, and not overturn a former SCOTUS ruling. Because Roberts is the swing vote for this case, opposition to abortions will be the key to future cases, permitting restriction just short of their illegality. He sets a high hurdle to keeping right: benefit is irrelevant, and decision is based on a substantial obstacle.
Slate’s court reporter Mark Joseph Stern questions the extent of the victory of constitutional rights for pro-choice. In his analysis of the high court’s opinion, Stern maintains Roberts “marks a retreat” from the earlier case declaring the Texas law unconstitutional. Under the new ruling, a woman could be forced to wait a week for an abortion and visit the clinic hundreds of miles away three times to see anti-abortion documentaries—no medical benefit to the patient while imposing burdens. Yet the court could determine this requirement doesn’t meet the level of “a substantial obstacle.” Next year, Roberts could find a way to overturn Planned Parenthood v. Casey (1992) which prevents laws banning abortion before viability. As Stern wrote, “A chill wind still blows.”
Roberts is not wedded to precedence. He voted with the majority in Citizens United (2010) to overturn long-held principles of campaign finance and in Janus (2018) used the same rationale of free speech to overturn a unanimous 1977 decision allowing public sector labor unions to collect fees against the wishes of employees.
A chill wind also blows for Collins, whose vote is a major reason Kavanaugh is casting far-right votes on SCOTUS. He already voted to deport Dreamers and allow employers to fire LGBTQ people on the basis of their sexual orientation and/or gender identity. Collins said she believed Kavanaugh when he promised not to overturn Roe v. Wade and guaranteed he would respect precedence, “essential to maintaining public confidence. And she’s up for reelection in under five months.
While people cheered for today’s pro-choice rights decision, most of them ignored a disastrous decision in Seila Law v. Consumer Financial Protection Bureau, allowing a president to fire the director of the supposedly independent Consumer Financial Protection Bureau without cause. Again Roberts was the swing vote, this time a conservative 5-4 vote putting other independent agencies at risk. The opinion didn’t go as far as to declaring the entire agency unconstitutional which the plaintiff under CFPB investigation had requested. The law creating the agency specified the presidentially-nominated director, who must be Senate-confirmed, could be fired only “for cause,” specifying “inefficiency, neglect of duty, or malfeasance in office.” Other agencies with the “for cause” firing limitation include the Federal Reserve, the Securities and Exchange Commission, and the Federal Communications Commission. They may suffer the same fate in loss of independence.
The current CFPB director, financial sector defender Kathleen Kraninger, will likely stay for the next few months because agency investigations have drastically slowed down since the occupation of the Oval Office by Dictator Donald Trump (DDT). She may disappear with a Democratic president, however, a loss for Wall Street’s corruption. Between its inception in 2010 and 2016, the CFPB returned $12 billion to defrauded consumers.
In the dissent by four justices, Elena Kagan wrote the five conservatives failed to respect the high court’s role in allowing the other two government branches, Congress and executive, the decision in structuring the executive branch. She also pointed out the vote removes “independence from political pressure.” Another part of the dissent told originalist justices the constitution has nothing about separation of powers and the president’s removal authority.
Sen. Elizabeth Warren (D-MA), who originally envisioned the agency, was more positive, cheering about a conservative SCOTUS recognizing the constitutionality of the agency “and the law that created it.”
In addition to issuing decisions today, the Supreme Court turned down two cases. One, a challenge to AG Bill Barr’s return to the federal death penalty, opens up the possibility of executions next month for the first time since 2003. It also refused to hear a case about waivers of federal laws for border wall construction that kills wildlife and destroys the environment. Lower courts have ruled the waivers don’t violate the separation of powers.
Other big news today pointed out possible cracks in DDT’s Teflon. The discovery that intelligence told DDT about Russians paying the Taliban to kill U.S. troops has taken the U.S. by storm. The New York Times initially reported the information on Friday, and within three days, DDT’s stories keep changing. A few facts:
Intelligence knew as far back as January—when DDT was negotiating a peace agreement with the Taliban—and briefed DDT.
The bounty has been linked to deaths of U.S. military members.
In March, DDT learned about the intelligence reports but failed to respond.
In the past few months, DDT has had several friendly phone calls with Vladimir Putin, including five hidden ones in early April after the briefing.
DDT called Putin and Russia friends of the U.S., sent humanitarian aid to Russia, and pushed the other six members of the G7 summit to taken Russia back.
On Saturday, Press Secretary Kayleigh McEnany claimed DDT knows nothing. Little did McEnany know, her defense of DDT depicted him as ignorant, uncaring, negligent, lazy, and incompetent. And a liar like DDT. Part of her faulty defense was for his tweeting a video advocating “white power” staying up for three hours while DDT was unavailable on the golf course. (The White House claims DDT couldn’t hear the cries for “white power.”)
This timeline shows Russian support for the Taliban, U.S. clashes with Russian mercenaries, “destabilizing [Russian] activity in Afghanistan, three U.S. Marines killed by Taliban, and discovery of $500,000 in a Taliban outpost confirming U.S. intelligence suspicions about Russia paying bounties.
Since the reporting, DDT has said, in this order: (1) he never got any briefings; (2) he hadn’t been briefed because it was bogus; and (3) he was briefed but the intelligence wasn’t credible. According to respected political columnist David Ignatius, Pentagon officials were “pounding on the door” to get DDT to do something about the Russians’ damage.
People are left to decide which of the three is right: (1) DDT knew about the Russian’s paying the Taliban to kill U.S. troops and did nothing; (2) intelligence couldn’t tell DDT because they were afraid of him or what he would tell people; or (3) DDT didn’t bother to read vital national security information. Each of the three decisions shows a completely incompetent leader of the free world. In an effort to save his skin, DDT provided Republicans a briefing about the situation today but made Democrats wait until tomorrow. The briefing should have been for both parties at the same time, but DDT wants the GOP to have a one-day advance to prepare a defense for him.
Seven years ago, DDT tweeted:
“Ignorance is inexcusable; it’s the surest way to fail. No acceptable reason exists for not being well informed.”
Yesterday he tweeted:
“Nobody briefed or told me … about the so-called attacks on our troops in Afghanistan by Russians…. Everybody is denying it & there have not been many attacks on us…..”
Because DDT cares only about the election, he’s terrified about voters’ reactions. This TV ad reflects the reaction from VoteVets.
DDT’s problems with COVID-19 aren’t over either. Its new mutations make contagion easier and correlates with far greater cases in younger people. World infections topped 10 million over the weekend (today 10,412,433) with deaths over a half million (508,228). New infections in the U.S. are still soaring—44,734 for June 29—with the total up to 2,681,811 and 128,783 deaths. Federal officials such as HHS Secretary Alex Azar went on Sunday news shows to talk about the virus’s catastrophe while saying it isn’t their problem to fix. And DDT ignores the disease.