On Thursday, The Supreme Court blocked a Louisiana law designed to restrict access to abortions. In a 5-4 decision the surprising swing vote came from Chief Justice John R. Roberts Jr., who is generally considered a conservative justice. Instead of siding with fellow conservatives Justice Thomas, Alito & Gorsuch; Chief Justice Roberts sided with liberal appointees Ginsberg, Sotomayor, Kagen and Breyer.
So, just what is the Louisiana law that was struck down?
Well, it’s called, “Louisiana’s Unsafe Abortion Protection Act.” The premise of the law argues that doctors should have “admitting privileges” at a hospital within 30 miles of where an abortion is performed, and, if they do not have said privileges they are not allowed to perform an abortion there. If passed, the law would reduce the number of doctors allowed to perform abortions and therefor, possible enforce an “undue” restriction on a woman seeking an abortion.
An “admitting privilege,” means that the doctor has the privilege to admit patients to the hospital for some diagnostic or therapeutic services. “Admitting privilege,” as implied in the Louisiana law, and here is the important part - has nothing whatsoever to do medical competence.
So the law ties to say that a patient might be “unsafe” if they receive an abortion from a doctor that does not have admitting privileges. Hence, the title of the act.
The obvious problem, as has been pointed out many times, and has been the reason this act has been previously struck down in courts is: there are many legitimate reasons why a doctor might not have admitting privileges to a hospital that have nothing to do with medical expertise. Which, obviously means that just because a doctor doesn’t have admitting privileges does not mean he/she is unqualified to perform an abortion. Which means the law is trying to enforce an undue restriction.
In fact there was a Texas law that was struck down by the Supreme Court in 2016 in their Whole Woman's Health vs. Hellerstedt decision. The Texas law was very similar to Louisiana’s “Unsafe Abortion Act. In a 5-3 decision (they were one Justice down at the time, as Scalia had just died) court said the Texas law constituted an “undue burden” on a women’s right to seek an abortion, and struck it down. Which is exactly what they did to the Louisiana act.
Now, it’s interesting to note that Justice Roberts did not vote against the Texas law in 2016. He did vote against the similar Louisiana law on Thursday. As to why? Well, we don’t know why, exactly. That being said, I did find an interesting breakdown over at Rolling Stone (.com) in a 2018 interview with veteran Newsweek reporter David Kaplan. Kaplan had just published a book called The Most Dangerous Branch, which was drawn from interviews “with 165 people including sitting justices, retired justices, clerks, lower court judges and federal officials.”
Tessa Stuart, from Rolling Stone, asks Kaplan if a new court (w/ Kavanaugh, who had not yet been confirmed) would overturn Roe. v. Wade? Kaplan said about Roberts: “I think Roberts is troubled by seeing the court get put in the maelstrom. And I think he recognizes that Roe v. Wade would put the court in the maelstrom like no other ruling in modern times … My guess would be that Roberts would not vote to explicitly overturn Roe…” (Which then would turn into a 6-3 vote against striking it down, in his opinion).
Fair enough. Maybe this is Robert’s first chance (the Thursday Louisiana vote) to suggest precisely what Kaplan was talking about. I guess, Kaplan is saying that Roberts just doesn’t want to rock the boat, per say. Although Kaplan did, at the time of the interview, seem to feel the Kavanagh would also vote against striking down Roe v. Wade.
Maybe. But maybe not. Kavanagh wrote the dissent against Thursday’s decision and it’s kind of dull but it’s only four pages if you want to check it out (linked above).
I read it. To the extent I understand it, it’s kind of a mess. Kavanagh goes back and forth and says, “Yeah, well, I guess I would be for this. But then again, I can see in some instances this would be undue (therefor illegal). You know I would need more facts about the new law, specifically, in order to make a more informed vote. But since I don’t have those facts - I’ll just vote yes. Yes, the Louisiana Unsafe Abortion Act is fine!”
Um. Okay. But one would assume that, without more facts about something that is going into law - you should vote, no.
Anyway. This will not be last time we see abortion rights front and center at the Supreme Court.
The #MeToo Movement got its start in Hollywood, but the still-moving movement for equal rights for women got its start from Sidonie-Gabrielle Colette. Colette penned the bestselling series of Claudine novels under her husband’s name before breaking away to win the 1948 Nobel Prize in Literature for her novel Gigi. She was also an actress and journalist. She was the true genius behind her husband’s success and boldly challenged both the sexuality and gender identity status quos. Colette is the real Wonder Woman women deserve.
Colette is portrayed perfectly by Keira Knightley; it’s the best performance of her career. She truly is “the real Claudine” as well as the real Colette. Even while her husband received credit for the writing of the books, it was her who was credited with creating “a type.” Women upon reading the Claudine novels became Claudine—dressing like her, cutting their hair like her, even adopting her words as a regular part of their everyday vocabulary. Claudine was a literary phenomenon bigger than Harry Potter, and more in line with Madonna. Colette’s face was on hair products, cigarettes, everything.
Colette wasn’t always an empowered author, though. The film tells a most intriguing and often hilarious story of her growth from quiet, heterosexual housewife and letter writer to emboldened, bisexual novelist/actress and happy divorcee. She might not have been violated sexually like those women in Hollywood who spearheaded the #MeToo Movement, but she was violated by men nonetheless. None more so than her husband, who repeatedly used her writing to dig himself out of debt, going so far as to lock her in a room for four hours to write words he’d later claim as his own using the status quo and not his ego as the reason her name could not accompany his on the manuscripts.
Colette constantly challenged the status quo, whether it was women writing or the generally-accepted running around of husbands with mistresses and looking-down upon of wives doing the same. "Infidelity is a matter of gender to you?" Colette angrily asks her husband, Willy (real name Henry Gauthier-Villars, portrayed very well by Dominic West), at one point. She eventually falls in love with a transgender woman, Missy. When her husband refuses to acknowledge Colette's insistence that Missy be referred to as "him" instead of "her" despite Colette correcting him three times, you see exactly how far ahead of her time Colette really was. It would sicken her to see Donald Trump's administration looking to change the legal definition of gender back to what is or isn't swinging between your legs rather than what you see yourself as regardless of genitalia.
Colette includes one of the funniest montages you’ll see in cinema and doesn’t dull with dialogue. The conversation, especially with her husband, comes more quickly and more wittily as Colette’s character grows more and more emboldened. The moment she becomes aware of her genius isn’t as celebratory as the moment she allows herself to embrace it and enjoy it without her husband. Like a perennial, Colette blooms every year, but it takes years to fully realize her radiance.
Critics (86 percent fresh on Rotten Tomatoes) and audiences (75 percent like it) alike are loving Colette. It deserves better than the $3.7 million its made at the box office. With Colette, the New York-based Bleeker Street has given women, especially those brave women of Hollywood, the #MeToo movie their movement deserves. Reward them for doing so and you’ll be rewarded yourself.
You don’t have to be college-educated to figure out how the Republican Party feels about women. They’ve made it crystal clear throughout Brett Kavanaugh’s Supreme Court confirmation hearing before the Senate Judiciary Committee last week. President Donald Trump punctuated his party’s stance with an uncharacteristically reserved albeit unsurprisingly ignorant comment that should have every American woman voting for anyone but a Republican male this November and beyond.
“It’s a very scary time for young men in America,” Trump said after seeing and hearing the testimonies of Christine Blasey Ford and Kavanaugh. Ford alleges Kavanaugh sexually assaulted her when he was 17; Kavanaugh denies the allegations. It’s a situation this country’s seen before, which shows how little has changed in 27 years.
Despite 90 to 98 percent of sexual assault allegations found to be accurately reported according to the National Sexual Violence Resource Center, the President thinks it’s men who should be scared while “women are doing great” making 80 cents to a man’s dollar and so scared of men it took a movement of high-profile women accusing high-profile men of sex crimes for less than half of victims to report sexual abuse. An estimated 63 percent of sexual assaults are never reported to police, and one in six women have been a victim of rape or attempted rape.
So it might be a scary time for up to 16,093,000 American men (10 percent of 160.93 million American men), but it has been and continues to be a scary time for almost twice as many American women (27,915,666 to be more precise). Trump’s opinion on this subject is not unlike his and his party’s opinion of voter fraud. Neither has a foundation based on facts. Instances of voter fraud are even rarer than instances of false sexual assault reports. The National Abortion and Reproductive Rights Action League, commonly known as NARAL Pro-Choice America, was quick to educate the President via Twitter.
Trump called the testimony of Ford “very compelling,” adding that “she looks like a very fine woman to me, very fine woman.” I don’t know if Trump was commenting on Ford’s appearance or her integrity, but, as usual, it took him a few seconds of rambling before the words with which he should have led managed to sneak by the foot in his mouth. “Credible witness” was all Trump had to say of Ford; words he didn’t use to describe his Supreme Court nominee.
Frankly, none of Kavanaugh’s testimony should be considered truthful until he does what Ford did: take and pass a polygraph test, the use of which he actually supported in writing just two years ago. In an opinion piece for The Washington Post, Andrew Manuel Crespo revealed that Kavanaugh recommended polygraphs be used to “screen applicants” for “critical” government positions. There are few governmental positions more critical than Supreme Court Judge, but Kavanaugh isn’t practicing what he preached. Apparently, Kavanaugh thinks his position as an “honorable” judge entitles his non-polygraphed testimony equal consideration to Ford’s polygraph-passing testimony.
Have we learned nothing in the 27 years since Anita Hill accused then Supreme Court nominee Clarence Thomas of sexual harassment in the workplace? Like Ford, Hill passed a professionally administered polygraph test, and like Kavanaugh, Thomas didn’t take one. But Thomas’s performance in 1991 was Oscar-worthy, while Kavanaugh’s was Razzie-worthy. I might not be a Hollywood director, but I have a Bachelor’s degree in filmmaking and know a good performance when I see one. Ford’s testimony seemed realistic. The moments, or beats, she was emotional were moments you’d expect to make someone emotional; they were motivated by the dialogue being delivered. She gave honest testimony, and had she not taken a polygraph, I’d still believe her over Kavanaugh.
Not only was Kavanaugh’s performance unconvincing but unmotivated, except for the brief moment he channels Thomas in talking about the allegations being a political hit by “left-wing opposition groups.” Of the 5,294 words in Kavanaugh’s prepared statement, he convincingly delivered 51 of them. It was as close as Kavanaugh would come to channeling Thomas.
You can tell Kavanaugh tried to use Thomas’s testimony as a template, but he strayed from that proven playbook as if he was Tobin scrambling behind his offensive line in high school. Tobin, the “great quarterback” at Kavanaugh’s high school (which has its own nine-hole golf course), used to workout with Kavanaugh. Tobin’s dad ran the workouts, the thought of which made Kavanaugh cry. That sort of reaction made me wonder if Kavanaugh had been molested by Tobin’s dad, or if Tobin or his dad died tragically. That would have motivated tears, not working out with high school friends.
Kavanaugh also choked up over calendars that doubled as his dad’s diaries, which he started keeping in 1978. He wept over these calendars as if his father was dead or as if they were responsible for his fondest childhood memories (Kavanaugh was 13 when his father started keeping the calendars). John Oliver quipped that Everett Edward Kavanaugh Jr. is not only alive, but was seated behind his son hiding his disgrace better than his son was hiding the truth.
Trump seemed to be more shocked by Kavanaugh’s testimony than Ford’s, and for good reason. Not only did we have a good idea of what Ford was going to say, but we thought we had a good idea of what Kavanaugh was going to say and how he would say it. He could have and should have emulated the example provided by Thomas 27 years earlier — posturing unmitigated strength and voicing emphatic anger in response to the accusations, the accuser, and Congress for allowing this “circus,” “national disgrace,” and “high-tech lynching for uppity-blacks who in any way deign to think for themselves, to do for themselves, to have different ideas, and it is a message that, unless you kow-tow to an old order, this is what will happen to you. You will be lynched, destroyed, caricatured by a committee of the U.S. Senate, rather than hung from a tree.”
Kavanaugh couldn’t play the race card like Thomas, so he played the politics card instead. It’s a much weaker hand, but any hand played properly can win the pot. Kavanaugh just doesn’t have Thomas’s poker face, and worse yet, he’s probably a sexual molester of at least one woman if not more.
Whether he’s guilty or not, Kavanaugh’s performance before the Senate Judiciary Committee provided ample reasons why he’s not fit for the Supreme Court. He repeatedly said he likes beer, as if he was trying to placate to the committee’s beer-drinkers. He was extremely rude to Minnesota Senator Amy Klobuchar when asked if he’d ever drank to the point he couldn’t remember events. Despite spending 28 years in courtrooms, Kavanaugh responded to Sen. Klobuchar’s question with a question of his own: “Have you?” He must have been tired of lying, but that probably wouldn’t have been his response had a man asked the question. I think this moment is most indicative of Kavanaugh’s treatment of women. He bullied Klobuchar, going on the offensive when he’s supposed to be defending himself and his reputation.
It’s worth noting that it took three years for George W. Bush’s nomination of Kavanaugh to the U.S. Court of Appeals for the District of Columbia Circuit to be confirmed. During that time, Kavanaugh was downgraded from a rating of “well qualified” by the American Bar Association, its highest designation, to simply “qualified,” after conducting more interviews in 2006. He’s not even good at his job, and there are 20 or so more candidates Republicans can confirm who will overturn Roe v. Wade just like Kavanaugh would. Why Republicans are willing to die on this hill with this lying snake is the most mind boggling move they could make with the midterm elections upcoming. The last thing they need is to give women more reasons not to vote for them, and their unwavering support of Kavanaugh is doing just that.
If you like this, you might like these Genesis Communications Network talk shows: The Costa Report, Flow of Wisdom, America’s First News, America Tonight, Bill Martinez Live, Korelin Economics Report, The KrisAnne Hall Show, Radio Night Live, The Real Side, World Crisis Radio, Know Your Rights
The only surprise from the recent barrage of sexual allegations brought against, first, members of Hollywood’s power elite, and later, members of the political power elite, is that it took this long for victims to air their allegations. It should surprise no one that Kevin Spacey and Louis CK are sexually deviant, and it should surprise no one that men granted political power -- even George Bush and Al Franken -- tend to be predatorily handsy.
Perhaps the victims of America’s politicians needed Hollywood’s victims to come out to feel safe enough to reveal the wrongdoings of their alleged predators. That too should surprise no one. After all, a Hollywood producer like Harvey Weinstein might be able to write a check and make allegations of sexual harassment disappear, but an American politician could make their accuser disappear. All it would take is a bit of evidence planting to place an American citizen in Guantanamo Bay and never give them a trial.
American politics are more like House of Cards than most people would probably like to believe. That show would be a hit with or without Spacey because Americans love the criminal or violent nature of competition in all things -- politics included. Television ratings are indicative of this.
While the 2016 Presidential Election drew eyes away from NFL games, Sunday Night Football was still the most watched television show of the 2016-17 season, followed by Thursday Night Football, then NCIS, a show about investigating violent, criminal acts. Another Thursday Night Football game rounded out the top four. Violence draws viewers.
If you include online television offerings, Orange is the New Black tops the list of most watched streaming shows of last year -- a show about life in prison. Next is Stranger Things, a show about supernatural forces, conspiracy theories and governmental corruption. Fuller House, a sequel to the family favorite Full House, is refreshingly third most-watched, followed by two Marvel shows featuring comic book heroes, and, no doubt, violence. House of Cards was sixth.
American politics were a reality TV show long before Donald Trump or House of Cards. The Red Scare, Vietnam, Watergate, the Cold War, the Bay of Pigs, the Gulf War, Bill Clinton’s impeachment trial, the antics of George W. Bush -- all were watched by all, turning public servants into celebrities. When you put people on a pedestal, they’ll take advantage of it in order to stay there.
Regardless, the problem is not that these men are ill-trained to deal with women in the workplace. Training is not the issue, regardless of what lawmakers say. Men shouldn’t require obedience training in order to recognize that exposing their genitals or grabbing people by the genitals on any floor let alone the House floor is wrong. Every instance of that behavior was committed by someone incapable of serving public office. That’s it, and that’s all.
I don’t care if you grew up when Mad Men office behavior was the norm, and James Bond was still groping Moneypenny. Your inability or unwillingness to change your behavior is exactly why Congress has accomplished fuck all since Obamacare. You are stuck in your ways, and they aren’t the ways of the American people.
This is our problem and our fault as voters. Notice that it’s rarely women accused of sexual misconduct, yet the overwhelming majority of our elected officials are men. This problem could be avoided almost entirely if we elected more women to office.
Less than 20 percent of U.S. Congressional seats are filled by women, and less than 25 percent of state legislators are women. There are just six female governors, and only 39 women have ever served as governor.
So during the 2018 midterm elections, instead of looking for a “D” or an “R” behind an unfamiliar name on the ballot, consider giving women the advantage for once. At the very least, they tend to keep their hands to themselves.
If you like this, you might like these Genesis Communications Network talk shows: The Costa Report, Drop Your Energy Bill, Free Talk Live, Flow of Wisdom, America’s First News, America Tonight, Bill Martinez Live, Korelin Economics Report, The KrisAnne Hall Show, Radio Night Live, The Real Side, World Crisis Radio, Know Your Rights