Posted on 08/16/2017 12:06:38 PM PDT by Oldeconomybuyer
A U.S. appeals court on Wednesday reversed a ruling that prevented Arkansas from cutting off Medicaid funding to Planned Parenthood following the release of controversial videos secretly recorded by an anti-abortion group.
The 8th U.S. Circuit Court of Appeals in St. Louis reversed a federal judge's ruling forbidding Arkansas from carrying through with Republican Governor Asa Hutchinson's directive to suspend Medicaid reimbursements to a Planned Parenthood affiliate.
That ruling by U.S. District Judge Kristine Baker in Little Rock had come in a lawsuit by three women who claimed Arkansas violated their rights under the federal Medicaid law to choose any qualified provider offering services they were seeking.
But by a 2-1 vote, a 8th Circuit ruled that the provision of the Medicaid law that the women relied on does not unambiguously create a federal right for individual patients that they could enforce in court.
(Excerpt) Read more at reuters.com ...
Excellent.
uh . . . dissent. Sorry. I’m a schoolteacher.
decent = dissent
Had they been Zero’s appointments, the politicized decision would have been 3 to 0 upholding Baker, IMHO.
Wheee! Here’s one for the precious babies!
My bad. I’m kind of a language stickler too ...
To post, or not to post, that is the question: Whether ‘tis nobler on the forum to suffer the slings and arrows over outrageous typos, or to take more posts against a Sea of misspelt words, And by opposing memorialize them: po-TA-to, po-ta-to....
The Arkansas state flag is based on the Confederate flag. This must change?
Who could possibly have have guessed???.....
Apr 15, 2017 - Federal Judge Kristine Baker has ordered a halt to executions scheduled to begin Monday. In a case brought by nine Death Row inmates.
AND
On November 2, 2011, President Obama nominated Baker to be a District Judge for the United States District Court for the Eastern District of ...
Never apologize for using proper spelling and grammar, nor for helping others to do so as well!
It is hard to have a decent flag without red, white and blue.
Im a schoolteacher......Ahem. Used to be/Sarc.
have have = have.......those darn tics again
"That ruling by U.S. District Judge Kristine Baker in Little Rock had come in a lawsuit by three women who claimed Arkansas violated their rights under the federal Medicaid law [??? emphasis added] to choose any qualified provider offering services they were seeking."
FR: Never Accept the Premise of Your Opponents Argument
I wouldn't be surprised if the people claiming rights violations do not understand that if they cannot find the right that they are claiming enumerated in the Constitution, then the federal law that created that right is probably unconstitutional imo.
"From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added]. United States v. Butler, 1936.
In fact, regardless what the Roberts Court wants citizens to think about the constitutionality of Obamacare, the Court seems to have ignored that previous generations of state sovereignty-respecting justices had clarified that the states have never expressly constitutional delegated to the feds the specific power to regulate, tax and spend in the name of INTRAstate healthcare. This is evidenced by the following excerpts.
Congress is not empowered to tax for those purposes which are within the exclusive province of the States. Justice John Marshall, Gibbons v. Ogden, 1824.
"State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphases added]." Gibbons v. Ogden, 1824.
"The smart crooks long ago figured out that getting themselves elected to federal office to make unconstitutional tax laws to fill their pockets is a much easier way to make a living than robbing banks." me
In other words, post-17th Amendment ratification career lawmakers exploit low-information voters by promising such voters new rights to get reelected imo, such voters not understanding that the feds have no constitutional authority to make laws to protect rights that the states have never amended the Constitution to expressly protect.
Also, although Trump is accomplishing a LOT as president, it remains that since the uniparty Congress wants to get rid of him that his first two years in office are arguably just practice. That being said ...
Drain the swamp sewer! Drain the sewer!
Remember in November 2018 !
Since corrupt Congress is the biggest part of the sewer (imo) that Trump wants to drain, it is actually up to patriots to drain the sewer in the 2018 elections, patriots supporting Trump by electing as many new members of Congress as they can who will support Trump.
In the meanwhile, patriots need to make sure that there are plenty of Trump-supporting candidates on the primary ballots.
Patriots need to qualify candidates by asking them why the Founding States made the Constitutions Section 8 of Article I; to limit (cripple) the federal governments powers.
Patriots also need to make sure that candidates are knowledgeable of the Supreme Court's clarifications of the federal governments limited powers listed above.
Also, unlike incumbent members of Congress who wrongly remained silent while misguided state officials abridged the constitutionally enumerated rights of citizens during the lawless Obama Administration, patriots need to make sure that candidates on the 2018 primary ballots commit to the following.
Candidates need to commit to making and enforcing 14th Amendment-related laws to prosecute misguided state officials who use state powers to abridge constitutionally enumerated protections, 1st Amendment-protected religious expression and free speech for example, such actions prohibited by Section 1 of the 14th Amendment.
14th Amendment, Section 1: All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States [emphasis added]; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Again, drain the sewer! Drain the sewer!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.