'In the end it's not the years in your life that count. It's the life in your years.'
- Abraham Lincoln -

Wednesday, May 02, 2012

Legislatures Are For Chumps

Just ask a federal judge in Texas:
Planned Parenthood's Right to Your Tax Dollars
By Richard Viguerie

In yet another example of how liberals use unelected judges as the enforcers of their unconstitutional agenda, a federal judge in Texas has temporarily blocked a new Texas law that, because the organization provides abortions, would have banned state funding for Planned Parenthood clinics.

The ruling by U.S. District Judge Lee Yeakel in favor of Planned Parenthood is seen as a big victory for the abortion provider, which has been fighting-off efforts by abortion opponents in a number of states to defund it. In the past year alone, states including Wisconsin, North Carolina, Tennessee and Indiana, in addition to Texas, have moved to block Planned Parenthood from receiving taxpayer money.

"The court is particularly influenced by the potential for immediate loss of access to necessary medical services by several thousand Texas women," Yeakel said in a 24-page ruling.

Of course money is fungible – dollars from the state of Texas that subsidize non-abortion “necessary medical services” are dollars Planned Parenthood does not need to raise to fund its other abortion-related operations.

Judge Yeakel’s decision is wrong on a number of levels – first and foremost is its virtual abolition of the constitutional concept of federalism in which states set priorities and make decisions about what services the state government renders, and most importantly funds, within their jurisdictions.

Secondly, and just as importantly, Judge Yeakel appears to acknowledge a federal right to health care. By naming the services Planned Parenthood provides as “necessary medical services” and using that to justify the injunction, Yeakel appears to follow in the footsteps of the Obama administration and Democrats in Congress in extending the concept of constitutional rights to include government paid health care.

It is fair to say that Judge Yeakel has, in one fell swoop, at least temporarily nullified the separation of powers clause of the Constitution and found a new right to “necessary medical services” in the Constitution.

Texas Attorney General Greg Abbott has already appealed Yeakel's decision to the 5th U.S. Circuit Court of Appeals, asking that it remove the injunction. [link]
In a better America, a jurist - one man - would not be able to make a political decision and override a law that was fairly passed by a state legislature, that passes the constitutionality test.

In this case the judge just didn't like the law.

We live in strange times.

Times that are soon to end.