Daniel Horowitz – April 19, 2018
Earlier this week, we learned, from a conservative justice, that federal courts can seize control over immigration law and indefinitely prevent Americans from deporting criminal aliens. Today we learned that a federal court can force states to donate taxpayer funds to a criminal enterprise harvesting baby organs. If you think the bullies on the bench will stop their tyranny on their own, think again. And if you think that by merely “appointing better judges,” we will fix the constitutional crisis caused by the judicial power grab, you are not paying attention.
Yesterday, a three-judge panel of the Sixth Circuit Court of Appeals, regarded as one of the “better” circuits, ruled that Ohio cannot deny funding to Planned Parenthood. Judge Helene White, a George W. Bush appointee, wrote the unanimous opinion upholding the 2016 ruling of a Cincinnati federal district judge that the 2016 law passed by the legislature is unconstitutional and a violation of due process. While the state may deny funding for abortions, White noted, it cannot cut off all contracts for therapeutic abortions and other health care services.