Lion of the Blogosphere

Box v. Planned Parenthood of Indiana and Kentucky, Inc. (2019)

Click to access 18-483_3d9g.pdf

Lower courts held that Indiana’s law to “prohibit the knowing provision of sex-, race-, and disability selective abortions by abortion providers” is unconstitutional because it places an undue burden on a woman’s right to abortion, and the Supreme Court denied certiorari. It only takes four justices to grant certiorari, so we can presume that at minimum Roberts and Kavanaugh were against granting certiorari. As I predicted during the Kavanaugh hearings, he would be much friendlier towards abortion rights than just about anyone else on Trump’s list.

On the other issue, decided per curiam (which means that the Supreme Court is telling us the law is so settled that it’s stupid that they have to reverse a lower court decision and don’t have anything legally new to say), the court said that the litigants failed to pursue the undue burden argument with respect to the regulation of the disposal of fetal remains, and the 7th Circuit was totally off-base to say that such a law has no rational basis. Only Sotomayor dissented to that.

Written by Lion of the Blogosphere

May 28, 2019 at 12:54 PM

Posted in Law

36 Responses

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  1. Bored with abortion. The Court is also considering a cert petition from National Review on the Mann defamation, which has gone as far as it can on the papers in the D.C. Court system. The issue is whether the fact that Penn State kinda/sorta exonerated Mann of professional wrongdoing means that a jury can assign liability for calling him a data molester. Do you think they’ll take that issue?

    Marty

    May 28, 2019 at 2:25 PM

  2. Nope. Clarence Thomas concurred with the opinion not to hear based on needing more time to consider it.

    https://www.redstate.com/brandon_morse/2019/05/28/clarence-thomas-abortion-potential-tool-eugenics-supreme-court-will-need-address-soon/

    Andrew E.

    May 28, 2019 at 3:34 PM

    • What’s wrong with eugenics? The best argument favoring abortion is that it’s eugenic!

      • you keep saying that, and I know blacks have higher abortion rates, BUT the white birth rates are decreasing rapidly, and I know a LOT of bright single young white women who had an abortion,and then when they’re ready for kids, they can’t get pregnant. Or if they can, they only have one or two kids.

        There sure aren’t many big white families any more. In my parents generation, a fair number of white families had four or five kids. In my generation, we had two or three. In my children’s generation, they are having zero or one. It’s really sad to me, and I think the ready availability of abortion has something to do with it.

        The rapid decline in white birth rates coincided w/ “abortion rights.”

        Amused Observer

        May 28, 2019 at 4:55 PM

      • People demanded abortion rights because they didn’t want to have children. Not the other way around. You have the cause and effect reversed.

      • In the 70ies, there was a French guy who sided with feminist on abortion on TV, Alain de Benoist, but they were shocked when he explain that generally the people who wants to abort are the one society should also want to abort at the right moment …. (poor, unmarried, isolated, minorities, too young etc)

        Bruno

        May 28, 2019 at 5:41 PM

      • Amused Observer — Are you married? Do you have children? If not then why not? If so then have more. You can’t complain that other people aren’t doing as they should when you’re not doing all that you could.

        I’m not bashing you. I actually sympathize. So take this in the positive spirit it was intended.

        destructure

        May 28, 2019 at 8:36 PM

      • Amused Observer,

        Lion lives in this alternate reality where somehow abortion was to be a targeted control on minorities instead of a direct attack on white people.

        Did you know that almost half the states don’t even report accurate abortion statistics?

        Here is selected text for 2014:

        Data from 30 reporting areas; excludes 22 reporting areas (Alaska, California, Connecticut, Florida, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, Nebraska, New Hampshire, New Mexico, North Dakota, Oklahoma, Pennsylvania, Rhode Island, Washington, Wisconsin, and Wyoming) that did not report, did not report by race/ethnicity, or did not meet reporting standards.
        † Percentages for the individual component categories might not add to 100 because of rounding.

        https://www.cdc.gov/mmwr/volumes/66/ss/ss6624a1.htm?s_cid=ss6624a1_w

        What is actually being hidden here?

        map

        May 29, 2019 at 1:28 AM

      • I don’t believe that abortion is “targeted” at minorities, but THAT’S HOW IT WORKS OUT. Because low-IQ low-time-orientation people need more abortions.

        Also, remember that women are having abortions because THEY DON’T WANT TO GIVE BIRTH. High-IQ high-future-time orientation women will figure out another way not to give birth (abortion in a foreign country, better use of birth control), while low-IQ low-future-time-orientation women will just go with the flow, pop out another illegitimate baby, and collect more welfare, and a high percentage of those babies will become criminals once they are old enough.

      • Lion,

        “Also, remember that women are having abortions because THEY DON’T WANT TO GIVE BIRTH. High-IQ high-future-time orientation women will figure out another way not to give birth (abortion in a foreign country, better use of birth control), while low-IQ low-future-time-orientation women will just go with the flow, pop out another illegitimate baby, and collect more welfare, and a high percentage of those babies will become criminals once they are old enough.”

        You are ignoring the Peltzmann Effect, which leads to an increase in reckless behavior because people assume a margin of safety. Seat belts, air bags, AWD systems lead to more accidents because people think that the safety features give them a margin of error which leads them to drive recklessly and cause more accidents.

        What abortion is doing is leading people to have more sex and more reckless sex. The bad decision of having more sex, leads to more reckless sex, which leads to more unplanned pregnancies which leads to more dumb people having babies because they all thought that abortion would be a way out, but, being dumb, they very well make decisions to keep babies since they don’t see themselves as trash and since the alternative for them is not some high-powered law career.

        What you are not getting is that abortion is altering the population in dysgenic ways. This is why you are getting a much dumber and much more violent population after abortion took hold. Look at the late 80’s early 90’s gang violence. Look at the how much lower quality the population has become. You are not noticing that abortion is completely altering the composition of the population. Rather, you are erroneously believing that abortion is preventing the situation from getting worse. That is absolutely not the case.

        map

        May 30, 2019 at 3:13 AM

      • What difference does it make whether it’s blacks, whites or anyone else having the abortions? As long as it’s dumb people having them then it’s a good thing.

        destructure

        May 30, 2019 at 4:22 AM

      • [Did you know that almost half the states don’t even report accurate abortion statistics?]

        Yeah and as I’ve pointed out the private/ upscale practices may not be reporting at all.

        This isn’t to say abortion shouldn’t be legal, but no way is it eugenic. I too have known many highly educated women who had abortions, oftentimes multiple abortions. Or accomplished men who told me about a college GF’s abortion.

        The only way abortion could be eugenic is to force women with undesirable traits to abort and force women with desirable traits to carry to term. Short of that stop pretending it’s eugenic.

        toomanymice

        May 30, 2019 at 6:46 AM

  3. I always liked Bill Clinton’s formulation of abortion: safe, legal, and rare. Aside from Lion, no one ever asks the pro-life people what we would do if the millions of black babies that are aborted each year were born. Who is going to pay for them? What about all the crime they would cause?

    ASF

    May 28, 2019 at 4:50 PM

    • Actually, I think it’s less than a million black abortions per year. But it’s still a lot of future criminals kept off the streets.

      • Yes, but how many white babies who would grow up to be wonderful people are aborted? And how many of their non-existant siblings are never conceived becuase child-rearing is no longer considered appropriate for women in their 20’s in white society?

        Right now, the model for bright young white women is: get a college degree, hopefully an advanced degree, get a “fulfilling” job, find a husband in your 30’s, and then have one or two babies.

        And anything that interferes with that program (like a pregnancy) is to be aborted. There are still more white people than black people. If you discourage abortion, it will shake up the whole population dynamic we have going on now. You might get more black babies But you might also get a lot more white babies.

        Amused Observer

        May 28, 2019 at 7:20 PM

      • “Yes, but how many white babies who would grow up to be wonderful people are aborted? ”

        Not as many as you think. Stop basing the demographics of abortion based on the movie Juno. Do some real research. Whites with college degrees seldom get accidentally pregnant. It’s the white welfare moms, probably drug and alcohol addicts, having the abortions.

      • I think a substantial number of well-educated white women get abortions. I am basing this on personal observation. Are there statistics that disprove this?

        Amused Observer

        May 28, 2019 at 8:04 PM

      • Yes there are statistics:

        Click to access characteristics-us-abortion-patients-2014.pdf

        Women who get abortions are less likely to be college graduates than all women in the same age bracket.

      • White Black Other Total

        Total 165,896 (50.7%) 125,767 (38.5%) 35,317 (10.8%) 326,980 (95.1%)§§

        This is the number of abortions in 2014, with 37 reporting areas.

        This is a culling of the white population that has been going on since the early 1970’s.

        map

        May 29, 2019 at 1:37 AM

      • So blacks are 12% of the population and have a whopping 38.5% of abortion. You have that backwards, abortion is culling blacks, not whites.

      • Why is the CDC relying on a private organization (Guttmacher Institute) for these tallies?

        map

        May 29, 2019 at 1:47 AM

      • The government should pay for black abortions as a form of reparations. Free black abortions as reparations.

        MEH 0910

        May 29, 2019 at 9:32 AM

      • Lion,

        “So blacks are 12% of the population and have a whopping 38.5% of abortion. You have that backwards, abortion is culling blacks, not whites.”

        You are looking at this incorrectly.

        You have to ask how many white abortions occur for every black abortion. There are 165,896 white abortions in 2014 and 125,767 black abortions in the same year. This means there are 1.31 abortions of white babies for every abortion of a black baby. The other figure you need is the birth of white babies born for every black baby born.

        Also, keep in mind, for the non-black, non-white figure: for every Other abortion of 35,317 there are 4.69 white babies being aborted for every one of these “Other” babies. Again, what is the birth of white babies born for every one of these Other babies born?

        These will give you the attrition rate.

        “Percent of total abortions,” percent of abortions of total population” or “abortions per 1,000 live births” are not relevant measures because total abortions is irrelevant, because the entire population cannot have kids and “1,000 live births” does not break down the births by race. These type of vital stats calculations don’t matter.

        map

        May 30, 2019 at 2:45 AM

      • @map. I think Lion has it right on this one. Your conclusions only make sense if white and black populations were comparable. But at 12-13% of the population, abortion as a percentage of black pregnancies is far higher.

        Mike Street Station

        June 1, 2019 at 7:30 AM

      • Mike Street Station,

        No, Lion is not right. You have to compare the number of black babies born to white babies born against the number of blacks aborted versus the number of whites aborted. Percentage of “pregnancies” is not the correct statistic.

        map

        June 2, 2019 at 1:46 AM

  4. No coherent abortion policy, or ANY policy, can be formulated in this Babel of a country. Every issue is a sideshow to the race issue.

    Regarding abortion, Lion is naive is he thinks “people demanded abortion rights because they didn’t want to have children.” No, the pro-abortion movement was a slick campaign from the top down that influenced the masses through media. The media is the ultimate weapon of the 20th and 21st century; ahead of nukes.

    They said free love would make us happier and more equal. It made us UNHAPPIER and LESS EQUAL. They said birth control would lead to less abortions. It lead to MORE abortions. They said abortions would lead to less out-of-wedlock children. It lead to MORE bastards.

    Finally, where is the separate discussion of aborting fetuses that are not viable and/or are show to have major defects by testing? That is INDISPUTABLY a moral and necessary thing. You can’t compare that to a 20 year old white woman who aborts a perfectly healthy birth because she wants more time in college.

    fakeemail

    May 29, 2019 at 10:11 AM

    • Aborting children with birth defects is indisputably barbaric, immoral and wrong.

      Andrew E.

      May 29, 2019 at 11:27 AM

      • WHY??? Are you joking? I’m talking about serious, handicapping birth defects.

        They will either die shortly after birth or have a life of suffering. The parents will suffer and lose their savings to care for them. Or the taxpayer has to pay. And for what?

        fakeemail

        May 29, 2019 at 2:37 PM

      • My mother’s aunt’s family was pretty much destroyed by having to care for a severely mentally retarded and handicapped child. Everyone would have been so much better off if she had a genetic test that discovered a defect and then aborted the fetus. Most of all the child who had a life confined to a wheelchair–he couldn’t even go to the bathroom by himself–and did nothing for decades besides mumble the same phrase over and over again.

      • “My mother’s aunt’s family was pretty much destroyed by having to care for a severely mentally retarded and handicapped child. Everyone would have been so much better off if she had a genetic test that discovered a defect and then aborted the fetus. Most of all the child who had a life confined to a wheelchair–he couldn’t even go to the bathroom by himself–and did nothing for decades besides mumble the same phrase over and over again.”

        I am perfectly okay with genetic screening and abortion in this case. I would also support making that child a public charge.

        map

        May 30, 2019 at 2:46 AM

    • “They said free love would make us happier and more equal. It made us UNHAPPIER and LESS EQUAL. They said birth control would lead to less abortions. It lead to MORE abortions. They said abortions would lead to less out-of-wedlock children. It lead to MORE bastards.”

      Agree with the first statement, but not the second and third. You can’t attribute cause to something just because it happened at the same time. You can’t compare 1950 and 2019, you have to compare 2019 to a hypothetical 2019 where abortion was not legal but everything else was the same. What would you have? Answer: more bastardy because dumb single women don’t have the opportunity to abortion their children.

      Tanturn

      May 29, 2019 at 5:20 PM

      • My point is that counter culture values of the 60s were all wrong from the beginning. We are seeing the poisoned fruits of becoming a permissive society.

        Feminism, sexual revolution, cultural relativism, me first consumerism/capitalism, rejection of family and heritage has all lead here.

        Fakeemail

        May 29, 2019 at 8:08 PM

  5. All this discussion is pointless because the Supreme Court will NEVER overturn abortion without exclusions for rape, NEVER. It’s politically and socially radioactive for any conservative to even attempt to defend the position, whether they are a lowly state senator or a Supreme Court Justice. Hell, Roberts would never sign off on it. And should they ban all other abortion, making this one of the few permissible justifications, EVERY woman seeking an abortion will simply claim the were raped in order to obtain it.

    In fact it already happens! Medicaid is forbidden by law to use federal funds for abortion… except in cases of rape, incest, etc. Currently twenty-one states only require a doctor’s note to validate the claim to get funding. Others require a police report, which would be seriously easy to obtain in the current environment where an alleged rape victim can recall nothing, claiming complete intoxication, but be assumed to have been victimized anyway. The first test case will shatter any barriers erected against this work-around. You will never be able to prevent this from working because no system could validate or invalidate such claims in the time required to terminate the pregnancy, much less in the first trimester. Doctors will look the other way on dubious claims of rape and it will be an unspoken loophole for elective abortion. Those that don’t and refuse service or referrals could jeopardize their medical licenses.

    Jack

    May 29, 2019 at 8:40 PM

    • It’s easy to defend. Every person on the planet only has to go back a few generations before finding a birth in their lineage that was the result of a rape. Every living person’s existence today depends on some birth somewhere in their lineage that resulted from rape.

      Andrew E.

      May 30, 2019 at 11:59 AM

  6. OT:

    MEH 0910

    May 30, 2019 at 10:25 AM

  7. Responding to map:

    Peltzmann Effect is dead on. What Lion thinks is happening, is not really happening.

    “You are not noticing that abortion is completely altering the composition of the population. Rather, you are erroneously believing that abortion is preventing the situation from getting worse. That is absolutely not the case.”

    fakeemail

    May 30, 2019 at 2:22 PM


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