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I n a quick ruling on abortion, Judge Brett Kavanaugh, recently confirmed, sided with the Liberals in refusing to hear a case that could have allowed States to suspend Planned Parenthood in Medicaid state programs.
My colleague Kimberly Leonard has more details on the cases, but the bottom line is that the lower courts' rulings have prevented Louisiana and Kansas from preventing the provider of abortion services, Planned Parenthood, to participate in Medicaid. The Supreme Court has now decided to forward the cases.
Only four judges are required to accept a hearing in any matter. So, to prevent him from reaching the high court, it took Kavanaugh to side with Chief Justice John Roberts and the Liberal justices.
Three Conservative judges – Clarence Thomas, Samuel Alito and Neil Gorsuch – all voted in favor of the case.
Supreme Court observers hold every sign of Kavanaugh and Roberts on how they can rule on abortion in light of the new composition of the seat. While it is difficult to assess the implications of this decision on their thinking on the issue, the decision not to hear these cases is at least remarkable, as it suggests a certain level of caution when making in charge of litigation cases involving an abortion.
In a dissenting opinion, Thomas complained that the court wanted to avoid the case because it concerned Planned Parenthood, even though it had no direct implication on the right to abortion.
"So, what explains the Court's refusal to do its work here?" Thomas wrote. "I suspect that this has something to do with the fact that some people interviewed in these cases call" Family Planning. "This makes the Court's decision particularly disturbing in that the question posed It is true that these particular cases occurred after several states had alleged that Planned Parenthood's affiliates had, inter alia, participated in the "illegal sale of fetal organs" and "the sale of fetal organs". fraudulent billing practices "and thus removed Planned Parenthood as the national provider of Medicaid … But these cases do not concern the right to abortion, but rather the private rights of action under the Medicaid law. affect the planned family's ability to challenge state decisions; it only concerns the right of each Medicaid patient to bring their own lawsuits. "
It certainly does not sound like a majority who is afraid of wanting to overthrow Roe v. Wade .
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