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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsRepublican Judge Jerry Smith Blocks Pro-Planned Parenthood Order Just Hours After It Was Issued
Last month, Republican Fifth Circuit Judge Jerry Smith pitched a tantrum in open court, demanding that the Department of Justice respond to some imprecise political rhetoric by President Obama in an attempt to embarrass the president. Today, the staunch Republican judge raised further doubt about his ability to separate politics from the law by suspending a decision benefiting Planned Parenthood just hours after it was handed down by another judge.
Yesterday afternoon, a federal trial court in Texas granted a preliminary injunction preventing the state from cutting off womens health funds to Planned Parenthood. The trial courts opinion was written by Judge Lee Yeakel a George W. Bush appointee and it is 24 pages long, including substantial analysis of difficult constitutional doctrines such as the scope of the First Amendment right to free speech and the unconstitutional conditions doctrine. Significantly, the Bush-appointed trial judge was concerned that Texas stripped funds from Planned Parenthood because it disapproved of the organizations advocacy in favor of womens health a direct attack on Planned Parenthoods First Amendment rights if Yeakel is correct.
This morning, less than 24 hours after Yeakel handed down his decision, Judge Smith handed down a two sentence decision of his own:
IT IS ORDERED that appellants motion for stay pending appeal is GRANTED pending further order of this court. This order is entered by a single judge pursuant to FED. R. APP. P. 8(a)(2)(D).
http://thinkprogress.org/health/issue/
ananda
(28,890 posts)... that women's and children's live depend on the iron sexist whims of partisan judges.
DCKit
(18,541 posts)Knee-Jerk Justice.
This decision was based totally on opinion and political rhetoric, not precedent or existing law - how could it be with only a few hours turnaround? The next court is going to reverse this troglodyte, then it's off to the Supremes.