As if the public's confidence in the judicial branch isn't already compromised

by the politicization of the SC nomination process and subsequent decisions based largely on ideology (not to mention Justice Thomas's repeated unethical behavior), the judiciary faces another challenge.

Justice Department appeals Texas abortion pill ruling
https://www.washingtonpost.com/politics/2023/04/10/abortion-pill-ruling-appeal/

It is not a coincidence that the abortion pill case landed in Judge Kacsmaryk's court. Known for his extremist right wing views, his court was picked by the plaintiffs in order to receive a favorable ruling.

IMO, that practice has to stop. It is antithetical to the rule of law for cases to be directed to courts due to the ideology, or political loyalties, of the judge. It's how Trump got a favorable ruling in the MAL documents case. One that was overturned, exposing his nominee....Aileen Cannon.....for being the unqualified hack she is. Allowing this to continue makes a mockery of even handed justice.

 

The Justice Department on Monday appealed a Texas judge’s decision that would block access to a key abortion drug across the country, arguing that the challengers had no right to file the lawsuit since they were not personally harmed by the abortion pill.

The 49-page appeal, filed in the right-leaning U.S. Court of Appeals for the 5th Circuit, landed less than one business day after Judge Matthew J. Kacsmaryk suspended Federal Drug Administration approval of mifepristone — one of the two medications used in more than half of all abortions in the United States.

It's possible not only was Kacsmaryk purposely picked, but so too was the appeals court the appeal would be heard in given its jurisdiction.

 

Both sides do it. Remember this from an Obama judge?

Federal Judge in Hawaii Puts Temporary Restraining Order on Revised Travel Ban

https://spectrumlocalnews.com/trump...orary-restraining-order-on-revised-travel-ban

 

You're just complaining because the pendulum has swung it'll swing back as it always does.

 

Welcome to your nightmare, Democrats

'Remember the Hawaiian judge who blocked President Trump’s travel ban on people from seven countries? Obama appointed that judge, who was wrong but the Supreme Court decided that months later with no consequences suffered by the judge. A district judge assumed the power to block a presidential executive order. This is insane and must be stopped. Democrats got a taste of that on Good Friday.'

The Worm Turned

AP reported, “U.S. District Judge Matthew Kacsmaryk ordered a hold on federal approval of mifepristone in a decision that overruled decades of scientific approval.'

It's been against the law to mail abortion drugs in this country fo 150 years, if Dems don't like that, they are free to change the law. They have controlled both Houses and the Presidency, several times, and in fact, have tried to modify the prohibition, and failed. it's not the Judge's fault, he didn't write the law, he simply reads the law and then calls balls and strikes.

Politico reported, “Ignore the courts? Some Democrats say Texas abortion pill ruling demands it.”

'Ah, another sequel to Dumb and Dumber.'

Marxist Senator Ron Wyden of Oregon said, “I believe the Food and Drug Administration has the authority to ignore this ruling, which is why I’m again calling on President Biden and the FDA to do just that.”

'I missed that part in the Constitution where it says bureaucrats can ignore the court.'

I missed the part where unelected bureaucrats can overrule the laws duly passed and signed into law by our elected representatives. Once again, we have too many democrats demanding that unelected authoritarianism overrule representative liberal democracy.

He also said. “The FDA, doctors, and pharmacies can and must go about their jobs like nothing has changed and keep mifepristone accessible to women across America. If they don’t, the consequences of banning the most common method of abortion in every single state will be devastating.”

'AOC agreed.'

'AP tried to discredit the ruling by pointing out the law used in part of the ruling — the part that says abortion pills cannot be mailed — is 150 years old.'

In that story, AP said, “A 19th century anti-vice law is at the center of a new court ruling that threatens access to the leading abortion drug in the U.S.'

'Laws do not come with an expiration date. Ignoring them does not make them go away. Lawmakers never repealed this one.'

'Democrats are in a hole thanks to their insurrection hysteria and their nuking of filibustering in the confirmation process. They will dig deeper if they openly defy judicial orders.'

 

Part of me almost hopes the SCOTUS sides with him, younger voters and women completely obliterated the red wave turning it into a light sprinkle — the best midterm for a Democratic president in something like 50 years, but I cannot wish it because of the harm that it will cause.

That’s one of the best things about Republican politicians though, they never know when to stop shooting themselves in the foot and doubling down.

2022, 2024 and 2028 were supposed to be when we saw them get major gains before gen y and z start to make up the majority of the voter base.

 

Taking control of the judiciary, and this can be accomplished in a number of ways, is one of the historic stepping stones from a democracy to an authoritarian form of government. Modern democracies, it should be noted, fail more often than not from within.

Regards, stay safe 'n well.

 

The public doesn’t trust any of the branches of our government, they don’t trust government as a whole. Only 20% of all Americans trust their own government.


https://www.pewresearch.org/politics/2022/06/06/public-trust-in-government-1958-2022/


And as you stated, 25% of all Americans have confidence in the SCOTUS, but only 7% have confidence in congress, 23% in the presidency, almost the same as the SCOTUS.


https://news.gallup.com/poll/1597/confidence-institutions.aspx


Let’s face it, when it comes to our government regardless of branch, we Americans have little trust nor confidence in them even if we elected them. You can scroll down in the links above to see how the public rate all the different organizations and institutions along with dividing trust in our government via political party and ideology.

 

Listening to a podcast hosted by a lawyer breaking down this decision. It would be laughable if the decision didn't actually have the power of a judge behind it.

At one point in the decision the judge invokes the Comstock Act. The last time any court took up the Comstock Act was in 1936 when the 2nd Circuit Court ruled it unconstitutional.

 

Judges making medical decisions for women, ignoring all scientific. medical and pharmaceutical evidence, is not the way our system is supposed to work.

We need ethical investigations of ANY judge who does this kind of things. It doesn't matter who appointed them.

This will continue happening again and again unless we stop it. And soon it will be one of YOUR freedoms that will fall victim to fascist ideology. Even if you like this decision, this opens the door for the ones you WON'T like.

 

I understand the impulse. But forcing a woman to carry a fetus to term is not worth the backlash it would create.

 

100%
Republicans are going to do it anyway, I hope voters wake up prior to it being pushed into national law.

 

There is growing concern in the liberal legal profession that the Comstock Act is the vehicle by which Repubs intend to end the use of pharmaceutical abortions as part of a nationwide ban on abortions.

Fears grow over Comstock Act, Justices Thomas, Alito

Abortion-rights supporters are sounding the alarm that conservative Supreme Court justices want to use a long-dormant law to enforce a nationwide abortion ban.

Justices Clarence Thomas and Samuel Alito repeatedly invoked the Comstock Act during oral arguments Tuesday in a case about the constitutionality of the Biden administration’s efforts to expand access to mifepristone.
Alito questioned why the Food and Drug Administration (FDA) had not contended with the law in its decisions on expanding access to mifepristone through the mail.

“This is a prominent provision; it’s not some obscure subsection of a complicated, obscure law. Everybody in this field knew about it,” Alito said.

The 151-year-old law banned the mailing of materials that were deemed “obscene, lewd, [or] lascivious,” which included things such as contraception, abortion drugs and pornography.
https://thehill.com/policy/healthcare/4560476-fears-grow-over-comstock-act-justices-thomas-alito/