The 5th Circuit grants a Texas father the right to deny his daughter access to birth control, holding that Title X does not override parents' "right to consent to their teenagers’ obtaining contraceptives" under state law. (via @mjsdc.bsky.social) s3.documentcloud.org/documents/24...
This is an appeal from a Matt Kacsmaryk decision and is significantly *less* extreme than his judgement, which concluded the relevant part of Title X unconstitutional + threw out regs that weren’t before him & hadn’t even existed when the plaintiff filed suit
scholar.google.com/scholar_case...
More to the point, the 5th once again finds standing based on the thinnest of grounds, as there's no evidence at all that said daughter had sought birth control or ever intends to. No need for actual pesky cases or controversies any longer.
That preemption logic is literally nonsense. We know what congressional intent was, and that was to allow minor children access to contraceptive services without requirements for parental consent. Texas's law is in direct conflict. Federal law must prevail.
Especially, as I just posted, because it hinges on the FATHER'S religious liberty while completely ignoring his THREE DAUGHTERS' religious liberty.
I do not recall an age of rights mentioned anywhere in the Constitution or its amendments.
The Right (and law school students who are too-smart-for-school, apparently) wants to have it both ways:
Blastocysts are full humans but children must obey their cultish parents.
Cool, cool. Cool.
Children (and bundles of cells) have absolute rights when those rights can be exercised for them by conservative Christians (parents, judges, legislatures). Once they’re old enough to have interests that deviate from conservative Christianity, their rights are subject to the others’ approval
...probably also no indication if birth control is prescribed for avoiding pregnancy or reducing/avoiding period pain and suffering. If it's the latter "dad" is pushing pain and suffering as a power trip.
Reminded of Schrödinger's cat. There might or might not be one. 1 or 0, but in this legal case it apparently doesn't matter if there is one.
en.m.wikipedia.org/wiki/Schr%C3...
Just a note that there is only a 19% chance of getting a 5th Circuit panel with a Democratic majority as there are more Trump appointees than Clinton+Obama+Biden ones combined.
The Judicial Conference has just changed the rules so that this kind of case is randomly allocated within the whole district, not just the division, exactly to shop this kind od judge shopping.
It also depends on the privacy rights implied in the 14th Amendment that they say don’t exist.
These are people who “rehome” adopted children, like they have to move into an apartment and can’t take their pets, though, so 🤷🏼♀️
Parental rights isn’t code for child abuse. I exercised parental rights (and still do) when I have to make decisions for my adult disabled child. It’s not fucking child abuse. I protected her via parental rights. Do many parents abuse it? Absolutely. However, it in and of itself isn’t abuse.
Well dude, have fun being one of those parents who is about to never again have contact with your children (and grandchildren!) once they turn 18, and complaining on Facebook about how your kids have cut you off "for no reason," people are so mean about politics these days!
The daughter isn’t even seeking birth control.
But if she was, her father should be liable for child support for the entirety of the theoretical child’s life. If he’s so damn insistent on having his minor child have a baby, he should be tasked with raising and supporting it.
No offense taken, just clarifying.
And YES it is moral to classify children as people (and YES a teen girl should be able to get birth control, whether parents like it or not).
Teens do stuff, it's kind of their big thing. Some of that is stupid or dangerous, so denying the protection is foolish
This! This is exactly right! We still live in the rule of man. A time when women and children were only as good as their productive work to the head of household. Wife not having children, off load her at the state institution. Children not worth enough cows and land? Abandon them too!
