Justice Kavanaugh Sides with RBG and Crew on Case Involving Planned Parenthood

Justice Kavanaugh Sides with RBG and Crew on Case Involving Planned Parenthood

Justice Kavanaugh Sides with RBG and Crew on Case Involving Planned Parenthood

You might remember that thing that happened a few months ago. It involved multiple women accusing a certain Supreme Court Justice nominee **cough Brett Kavanaugh** of everything from groping to gang rape. It was painfully obvious to anyone with half an ounce of common sense that the entire charade was orchestrated to achieve one goal: to stop the “far right” Judge Kavanaugh from being seated on the Supreme Court. Why? Because he was (single-handedly, apparently) going to overturn Roe v. Wade. He’d be the man responsible for sending women to back-alley abortionists; we’d all be wearing Handmaid’s Tale attire; and life as we know it would end.

And then this happened. In case you haven’t heard, the newly-minted Justice Kavanaugh—along with ObamaCare’s Chief Justice Roberts— sided with the court’s liberal wing, deciding against hearing three cases. This case was one of them:

The Supreme Court has denied certiorari in Gee v. Planned Parenthood of Gulf Coast

Although Planned Parenthood is a party, this case does not directly involve abortion. The question presented is one that has arisen, and will continue to arise, in numerous federal cases: whether Medicaid patients can bring an action to challenge a state’s determination as to who constitutes a “qualified” Medicaid provider under federal law.

Then again, this issue does indirectly involve abortion. It is being litigated because several states cut off the nation’s largest abortion provider as a state Medicaid provider after finding that Planned Parenthood affiliates had engaged in “the illegal sale of fetal organs” and “fraudulent billing practices.”

Ben Shapiro explains it further:

Of course, now Justice Kavanaugh is the Left’s hero:

I wonder: has Mr. Ostroy ever had an abortion? Does he know the damage it does to a woman’s psyche? Or is it just a convenient method by which he doesn’t have to take responsibility for his actions? But I digress…

In case you’ve forgotten, here’s a reminder of Planned Parenthood’s recent headline-making history:

Yes, THAT Planned Parenthood.

So…the case won’t be heard, because it requires four votes to agree to hear it.

And all three of Justice Kavanaugh’s conservative colleagues were none too happy. Exhibit A from Justice Clarence Thomas:

“So what explains the Court’s refusal to do its job here?,” Thomas wrote. “I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.’”

“Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty,” Thomas added. “If anything, neutrally applying the law is all the more important when political issues are in the background.”


So even though the argument is a relatively unsettled one in the lower courts—making it a prime case for the SCOTUS to render a decision—Roberts and Kavanaugh joined with RBG and the Crew, refusing to hear the case.

Which begs the question: Why? Are Justices Roberts and Kavanaugh gun-shy when it comes to anything remotely to do with abortion, particularly in Kavanaugh’s case, given his newness to the court, and the case involved—though pretty remotely—the very issue that the Left used to try and keep him off the court?

I certainly hope not. But given the tongue-lashing Kavanaugh and Roberts received from Justice Thomas, it seems he thinks their decision not to hear the case is a political one. And that Justice Kavanaugh may not be the originalist that we needed. And that is neither good for the Court, nor good for America. And it just may say something disconcerting about Justice Kavanaugh’s ability to mete out decisions in a wholly unbiased manner, his fidelity to state’s rights, not to mention his commitment to the Constitution he is sworn to uphold.

Sigh. Ball one, Justice Kavanaugh. Here’s hoping that the next incoming pitch makes it into your strike zone.


Feature Image Credit: “Senate Confirms Kavanaugh” by Susan Melkisethian is licensed under CC BY-NC-ND 2.0; Image cropped.

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