For a long time, the abortion issue has been rather absent in the Presidential races. Actually, it has been quite refreshing. But things suddenly changed this week.
Supreme Court Justice John Scalia is found dead in a cabin. This one was really a shocker. There are so many other older justices and Clarence Thomas might as well be dead, but Scalia’s demise was a surprise and it has really turned things upside down.
We all know that Senate Majority Leader Mitch McConnell has made it very clear that he will not schedule a vote if President Obama nominates a replacement. Sure, they might hold a hearing but the nomination is dead in the water. Foul, cry the Democrats! You are circumventing the U.S. Constitution, they scream. The President deserves a vote!
Okay, let’s be honest. Of course, I would love to see the President nominate a staunchly pro-choice justice but if the Democrats were in control of the Senate and the President were a Republican, there ain’t no way the Dems would allow a vote on that nominee. Let’s call a spade a spade. I grow weary of the whiney babies in both parties who condemn such parliamentary maneuvers when we know damn well that if they were in the majority they would be pulling the same crap. So, the bottom line is we will not see a new justice until after the Presidential election.
Meanwhile, however, there is a case that is going to be reviewed by the Court that deals with abortion. It is a challenge to a Texas law that imposed ridiculously strict regulations on abortion clinics, regulations so strict that it would force most of them to close. A short while ago, the Court of Appeals for that district upheld the law. So, when this case gets to the current court there will be four solid votes to overturn that decision (Kagan, Ginsburg, Sotomayer, Breyer). Then there would be three solid votes to uphold the ruling (Roberts, Alito, Thomas). If Justice Kennedy votes with the anti-abortion group, it is a 4-4 decision which means the lower court opinion prevails. That means the clinics in Texas are screwed. Those clinics will be closed which means that women will have to travel a bit further to get their abortion. But who gives a crap, huh?
During the primary season, the abortion issue will not be high on anyone’s list since all the GOP are pro-life and the Dems are pro-choice (It is funny, however, how Donald Trump is getting a free ride on how he has “evolved” in his thinking over the years on abortion – what a crock). But once the nominees are selected (GO BERNIE), all hell is going to break loose. There will be intense debates not just on the future of Roe v Wade, but on the funding of Planned Parenthood and that fetal tissue video. (By the way, I’m glad to see that Carly Fiorina – the one who insisted there was a video that showed a baby squirming on a table about to be aborted – dropped out).
For the first time in many years, the abortion issue is going to be front and center during a presidential election. Can’t wait to see the commercials.

February 20, 2016 at 8:51 am
Kennedy is definitely a so-called “pro-lifer.” There is no way he will vote against the apparatchiks appointed by the GOP. To get his vote on any issue, all you have to do is whisper in his ear, “Think of the unborn innocents.”
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February 20, 2016 at 10:35 am
I would not necessarily say he was a solid pro-life vote. He’s been all over the board in years past. And Kennedy voted to grant a stay preventing HB2 from immediately going into effect, which might suggest that he at least understands that the shuttering of 75 percent of Texas clinics is not a trivial matter. The fact that he twice joined with the four more liberal justices to keep parts of HB2 from going into full effect before the court could look at it means that he takes its consequences seriously.
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February 20, 2016 at 2:32 pm
Note that Kennedy, with or without Scalia, has often been the deciding vote, so it is only in a case like this one, that a new Dem appointment makes a difference. How he will vote on this one is unknown.
But it is almost irrelevant except in the short run. A win for Dems in Nov makes the next court liberal; a win for Reps makes it conservative. New cases will come up in other states and will make the result in the current case meaningless.
So, Pat although I am OK with Bernie, be careful what you wish for, I believe Bernie can only beat Cruz. The socialist label, real or imagined, backed by his impossible proposals will be his death blow against the others.
Side bar: Dunkle, if faced with Trump in Nov and given his attack on the Pope, will you still vote for him?
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February 20, 2016 at 2:55 pm
David, the under-40 demographic has seen what is described as “capitalism” has done for them, and they don’t have the bias towards the term that bent the minds of 100 years of Americans. They don’t react like our generation has.
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February 20, 2016 at 8:42 pm
David, will you please translate what my man Chuckles is saying.
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February 20, 2016 at 8:40 pm
Yeah, this pope has me worried.
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February 21, 2016 at 5:35 am
I mean, “Yeah. This pope has me worried.”
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February 23, 2016 at 4:51 pm
I think Bernie beats Trump but at this point i think it’s Hillary’s nomination.
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February 21, 2016 at 8:54 am
Johnny, its “Pope” not “pope.” I sould know better.
Translation: Charles believes the under 40 demographic would prefer socialism over capitalism (assuming they know these terms).
Unfortunately, too often, people believe to be true want to be true (note how often Johnny proves this point). The younger voter preference for soc over cap has been true since the 60s, but we still got Tricky Dick, Ron R and W. The under 40 demographic can affect a close election, but not one where the over 40s (the larger actual voting group) are strongly the other way. The power of ads dumped in all media would doom Bernie. I could be wrong, but the danger (one to three more SCt replacements after Scalia in the next 8 years) that I am right is too great.
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February 21, 2016 at 11:31 am
I’m afraid you have it right, David!
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February 22, 2016 at 4:46 am
Aw, I don’t know — President Obama, but this president. But congratulations. That’s the first time I’ve heard Chuck defer to anyone.
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February 23, 2016 at 4:55 pm
At this point it will be Hillary v Trump. Hard to believe that the GOP would nominate an idiot but I’ll take it. Watched his speech today and he did not say one substantative thing. Just bashed everyone. What a joke – and the public is a joke to buy this crap. Hillary will clean his clock.
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February 23, 2016 at 5:08 pm
I’ll vote for him anyway because he’ll probably be less supportive of our holocaust.
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February 24, 2016 at 9:25 am
Despite the fact that he uses condoms and has prevented millions of potential unborn humans from being conceived by any of his four immigrant wives, Mr. Dunkle? You’re pretty broad minded for a so-called “pro-lifer.”
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February 24, 2016 at 3:50 pm
That’s politics, Chuck.
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February 25, 2016 at 8:27 am
No, Mr. Dunkle, I think that it’s because he’s much more powerful than you that you don’t get in his face the way you do with women who are trying to get gynecological services.
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February 26, 2016 at 4:15 am
Yeah well that too.
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February 28, 2016 at 3:40 pm
But John, he also might get us into a nuclear war much faster
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February 28, 2016 at 7:14 pm
Probably right but I’m a one-issue voter.
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February 28, 2016 at 9:00 pm
An aside here, but too good to pass up: All four of Trump’s wives have been immigrants, which proves that there are some jobs Americans won’t touch…
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March 17, 2016 at 6:52 am
Yo, Johnny. The Trumpster is not likely to actually do much of anything anti-choice, and is also not likely to nominate far right SCt justices. So neither he nor Hillary will be kind to your one issue. But he is more likely than she to get us into another war where lots of pregnant women and babies will die from bombing. Whatca gonna do in November?
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March 20, 2016 at 4:58 am
I’ll vote for him. She’s a hardened killers’ helper and he’s just a jerk.
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March 20, 2016 at 7:36 am
He has had 3 wives and another near marriage plus numerous other partners, it is likely he has funded more than one abortion. But his wealth makes this easy to hide.
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March 20, 2016 at 3:42 pm
I wanted a Carly Fiorina/Sarah Palin ticket. And people like Chuck say I’m anti-woman.
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