Posted on 08/02/2011 3:44:36 AM PDT by Colonel Kangaroo
A federal judge has temporarily blocked a new Kansas law that would have stripped Planned Parenthood locations in the state of federal funding.
U.S. District Judge J. Thomas Marten ordered the state to immediately resume funding for Planned Parenthood Monday, agreeing that without the injunction the abortion provider would suffer while the case works its way through court.
Kansas Planned Parenthood leaders claimed the law would force them to close clinics. They also said nearly 6,000 patients would face higher costs, have less access to services, and longer waits or travel times for appointments.
The state argued that public health providers could handle the extra patients Planned Parenthood claimed they would lose or inconvenience.
Monday's ruling is not a final decision and is only in place while the lawsuit is argued in court.
Planned Parenthood is hoping to block a state budget provision that requires federal family planning dollars to go first to public health departments and hospitals.
Abortion clinics say the provision leaves no money for Planned Parenthood and similar groups.
A temporary injunction was also issued by another judge in July against new licensing rules for abortion providers.
Kansas attorneys called the latest ruling unconstitutional because it replaces state discretion with a court's judgment.
That seems to be the general purpose of federal courts.
Another sign that we are no longer a free people but live under tyranny. There is no law that allows a judge to do this. Congress should just decide to stop funding this judge and any other that decides they rule the USA.
“We don’t need no steenkin’ laws! We got the judges!”
Interesting historical facts -
During the French Revolution approximately 60% of the captured aristocrats were decapitated by guillotine.
For the Ancien Régime judiciary, the number jumps to about 80% executed.
Unrelated to the topic at hand . . .
No idea how it popped into my head.
Sorry.
And what if Kansas simply declared that the judge was ruling outside of his authority and defied the court?
Would Obama send in the 82nd Airborne?
Thankfully, unlike Bourbon France, we still are blessed with our peerless US Constitution and all we have to do here is elect a strong social conservative as president plus continue to improve the makeup of Congress. If we can’t use our freedom to elect a higher morality to high office, our nation is sunk anyway.
Thanks Clinton!
Mike
Good question. What if Texas and Oklahoma said, "Freep the EPA - we're issuing state drilling permits!"?
Somebody is going to have to stand up, at some point.
“The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.” - Thomas Jefferson
a good start would be with activist judges
Shakespeare's Mid Summer Nights Dream...
The first thing we do is kill all the lawyers...{most judges are lawyers}.
http://cjonline.com/news/2011-08-01/judge-defunding-law-unconstitutional#.TjfffiwZFzA
August 1, 2011 - 5:20am by Roxana Hegeman
Marten agreed with Planned Parenthood’s argument that the Kansas law is unconstitutional because it would impose additional restrictions on a federally-funded program, thereby violating the Supremacy Clause. He also agreed with the group’s contention that the law was intended to punish Planned Parenthood for advocating abortion rights and therefore infringes on its rights of association guaranteed by the First and 14th amendments.
“The purpose of the statute was to single out, punish and exclude Planned Parenthood,” Marten said.
Many believe the ruling will be overturned. Looks like a real stretch of the law, but that is what many "Federal" Judges do, expand the Federal Control.
Don’t forget scumbag politicians , professional staffers and mindless beaureucrats.
“The purpose of the statute was to single out, punish and exclude Planned Parenthood,” Marten said.
And that would be wrong because.....? And even if it were true, your problem with it is what exactly? What LAW is being violated? Not your feelings...what LAW?
I agree, it is a stupid call by a federal judge.
It won’t stand the appeal, but will remain in place until that is settled. Lefties protecting lefties.
” Kansas Planned Parenthood leaders claimed the law would force them to close clinics. They also said nearly 6,000 patients would face higher costs, have less access to services, and longer waits or travel times for appointments. “
And the court’s decision will result in the intentional deaths of hundreds or thousands of human beings still inside their mothers.
How Solomonic.
Jesus wept.
It was Henry VI.
I know Marten. Good guy personally, though I obviously disagree with his decisions in many cases.
As for the case, it will be interesting to see where this ends up.
Nice do hear than the judge is a personally decent chap. I know quite a few good, decent and upstanding liberals also. Being a lib doesn’t mean you have to be a Castro or Lenin. We just need to start doing a better job in November, 2012 electing a president and Congress who will appoint judges having a stronger devotion to conservative principles.
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