Amazing. I am in awe. I thought WSJ readers to be a bit more nuanced. Every WSJ reader comment applauds the fact this Gang of Three, most notoriously the absolute abomination Clarence Thomas, a handmaiden of the Far Right would happily curtail a WOMAN’S right to choose. Make no mistake that is what these three GUYS want. I applaud Justice Roberts and Justice Kavanaugh who saw the true intent of the three GUYS and declined to hear the case.
Excerpted from Wall Street Journal Editorial 12.13.2018
Supreme Court watchers are looking for clues about the new conservative majority, and on Monday they were offered a surprising one. The Justices chose not to hear Gee v. Planned Parenthood of Gulf Coast, drawing a sharp rebuke from three of the Court’s conservatives.
All of this made the case ripe for High Court review. A grant of certiorari requires four justices, and three wanted to consider the case. But Chief Justice John Roberts and new Justice Brett Kavanaugh joined the four liberals in passing.
Planned Parenthood has leapfrogged state adjudication by recruiting plaintiffs to sue in federal court to vindicate their putative right to their preferred provider. Five appellate courts including the Fifth, Sixth, Seventh, Ninth and Tenth Circuits have recognized a private right of action while the Eighth has not.
Planned Parenthood wanted federal regulators to clear up the 5-1 circuit split with guidance. But at issue is more than different statutory interpretations—which the Court is well-suited to resolve—but basic questions of federalism and separation of powers. If federal courts may compel states to reinstate Medicaid providers, the political branches become subservient to the judiciary and the state-federal relationship is abrogated.
In a dissent joined by Samuel Alito and Neil Gorsuch, Justice Clarence Thomas explained that the case “affects the rights of the States” and their ability to manage Medicaid. The circuit division “stems, at least in part, from this Court’s own lack of clarity on the issue” and “it is our job to fix it.”
Justice Thomas spared no feelings in rebuking the no votes. “So what explains the Court’s refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named ‘Planned Parenthood.’