Kavanaugh Goes Turncoat; Takes Liberal Position On KEY National Matter
Another effort to put a stop of Planned Parenthood funding was put to an end Monday after an intense dissent from Justice Clarence Thomas.
Three cases from two states were declined to be heard by the Supreme Court after a petition was denied in which both Chief Justice John Roberts and newly appointed Judge Brett Kavanaugh both denied the petition. In doing so, they joined liberal Justices Ruth Bader Ginsburn, Elena Kagan, Sonia Sotomayor, and Stephen Breyer.
According to The Daily Caller,
Justices Samuel Alito and Neil Gorsuch joined the Thomas dissent, meaning there were three votes in favor of taking the case. Since four votes are needed for the Supreme Court to take up a case, the opinion indicates that Chief Justice John Roberts and Kavanaugh joined with the four liberals to deny review.
This move could indicate that Roberts and Kavanaugh are loath to take take up an abortion-related question in the aftermath of Kavanaugh’s contentious confirmation. The Court’s new junior justice has generally kept a low profile since taking the bench in October.
According to CNN, the Roberts-led court “left in place two lower court opinions that said that states violate federal law when they terminate Medicaid contracts with Planned Parenthood affiliates who offer preventive care for low-income women.”
This indeed would indicate that Justice Brett Kavanaugh has sided with the more liberal viewpoint, denying review of lower courts decisions that may have favored the nation’s largest abortion provider.
Justice Clarence Thomas attributes the denial by his fellow justices to hear the cases as a being a matter of who the offender in these cases is stating in his dissent,
“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.”
Following Monday’s announcement of the refusal to hear the cases, pro-life groups were quick to make their feelings known;
“We are disappointed the Supreme Court declined to hear this case,” said Marjorie Dannenfelser, president of the Susan B. Anthony List. “The pro-life citizens of states like Kansas and Louisiana, through their elected representatives, have clearly expressed their will: they do not want Medicaid tax dollars used to prop up abortion businesses like Planned Parenthood.”
In order for a case to be heard before the Supreme Court, four justices must agree to grant the petition, and only three agreed to hear the case on this occasion.
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