Not Quite #WhatTheyVotedFor

#Justice | #WhatTheyVotedFor

Let us start with Maura Dolan of the Los Angeles Times:

A three-judge panel of the U.S. 9th Circuit Court of Appeals declined early Sunday to immediately block an order from a federal judge in Washington that halted the travel ban.

Instead, the panel established a rapid schedule for written arguments.

A brief from the two states that challenged the ban was filed early Monday. The administration’s response was due at 3 p.m. Pacific time. A panel ruling could come anytime after that―most likely within a week, experts said.

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The three judges who happen to be sitting on the 9th Circuit’s motions panel this month and who will rule on the case are William Canby Jr., a President Carter appointee; Richard Clifton, appointed by President George W. Bush; and Michelle T. Friedland, appointed by President Obama.

Clifton is considered moderately conservative and the two Democrats are viewed as moderately liberal. The 9th Circuit is broadly viewed as the most liberal federal appeals court.

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If Trump loses, he could immediately go to the U.S. Supreme Court. Justice Anthony M. Kennedy, who handles matters from the 9th Circuit, would probably ask the other justices to weigh in.

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Erwin Chemerinsky, dean of the UC Irvine School of Law, suggested Sunday that the 9th Circuit was likely to rule against the Trump administration.

“Virtually every judge to consider the executive order has said that there is a substantial likelihood that it is unconstitutional,” Chemerinsky said in an email. “Both Republican and Democratic appointees have come to this conclusion. Having read some of the briefs in these cases, I think any court is likely to come to this conclusion.”

A Question of Right and Conscience

This is important:

Washington state can force pharmacies to dispense Plan B or other emergency contraceptives, a federal appeals court said Thursday in a long-running lawsuit brought by pharmacists who said they have religious objections to providing the drugs.

The unanimous decision Thursday by the three-judge panel of the 9th U.S. Circuit Court of Appeals overturned a 2012 ruling by U.S. District Court Judge Ronald B. Leighton, who had found that the state’s rules violated the religious freedom of pharmacy owners. It was the second time the appeals court reversed Leighton in the case.

“This unanimous decision is a major victory for the people of Washington,” Attorney General Bob Ferguson said in a prepared statement. “Decisions regarding medical care — including reproductive rights — are appropriately between a patient and his or her medical professionals.”

(Johnson)

Evergreen, get ready.

No, really. We’re into the presidential preseason. Do we really think Republicans are going to let this pass?

Then again, the lines are pretty clearly drawn this time; social conservatives can afford to lose, just not spectacularly and publicly. And should we add the consideration that they would be abandoning the marriage equality headlines in order to be seen hounding women yet again? It’s always a mystery, because most days soccons are perfectly happy to come for the women, and come again.

When your conscience requires your righteousness to harm others, we might suggest a careful inspection of its components. Should you do this for the Glory of the Lord, we might beg consideration of where your earthly judgment and cruelty stands within the God’s purview.

The Ninth said no. Round three, anyone?

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Johnson, Gene. “Ruling: Washington can require pharmacies to dispense Plan B”. KIRO TV. 23 July 2015.