37 Comments
author
Mar 14·edited Mar 14Pinned

Very glad to see so many folks commenting so quickly regarding this, as I think it’s a really important decision. As I said on social media, there is so much that is extremely troubling about the ruling. These are just some of the key concerns it raises for me. Ultimately, I decided best to keep this piece — which had to explain the law, case, and ruling in addition to concerns — to under 2,000 words (and barely made it) so that it would remain somewhat more accessible to a broad audience.

Expand full comment
Mar 14Liked by Chris Geidner

So deeply disturbed and concerned about this march toward "natural"(conservative Xian law based on their biblical interpretation) law and away from secular law. So deeply concerned. Thanks for your reporting.

Expand full comment

I would love for Amarillo Mike to explain how there is a “fundamental right to control and direct the upbringing of his minor children” under the 14th Amendment but no right for women to control and direct the usage of their own uteruses.

Expand full comment

And no right for a parent to help their transgender child to get the medical treatment they need.

Expand full comment

The key word is 'his'. Only men have rights. Anything else is not consistent with the history of this country and the original intent. Also because God said so.

Expand full comment

To deny agency over their bodies to adolescents who become sexual before the age of 18 should be viewed as the cruel and unusual punishment it is. I have to wonder if this pearl-clutching rush of concern over parental rights with respect to healthcare extends to providing their sons with condoms as well, or if it only applies to their girl children? In an ideal world, decisions to have sex might include parents for purposes of contraception but that isn’t realistic for many and this is another example of trying to control female bodies. I realize this is a legal column and this raises a question for me. What effect does this have on OTC sales of contraceptives such as condoms, or is that even legal in Texas? So much else isn’t.

Expand full comment

It does not apply to the males, the son's - as always they are free to do whatever they want. Applies only the daughters, females. It's just more war on women. The "plantif" has 3 daughters.

Perhaps he should look into chastity belts instead. Lol

Expand full comment

Look at the age of consent for that answer.

Expand full comment

For those who oppose abortion, the best method to avoid the need for abortion is to give young people age-appropriate sex education, & to make available affordable and/or free birth control and affordable/free access to medical care. When an individual is sexually active, birth control is the best way to prevent unwanted pregnancy.

Expand full comment

Except of course that's not the anti-abortion movement's agenda at all. It's to establish full control of female bodies in a manner consistent with their interpretation of their bible.

Expand full comment

Agree it’s all about control. The same as control of a woman’s ability to make choices about her body.

Expand full comment

It also makes me wonder if a parent could force an abortion here under this ruling.

Expand full comment

Good point. It is all about control.

Expand full comment

They couldn't because the court could just not recognize that parent as sufficiently religious.

Expand full comment

It’s obvious to me that adding barriers to contraception has nothing to do with public health or a girl’s well being. I’m the parent of a 15yo girl. My daughter is a competitive swimmer. I just want to add that contraception can also help make for more even hormones, a lighter cycle and improve acne. A teen monthly cycle can be awful. Cramps and headaches can make it hard to focus in class. There are still toxic teachers that don’t excuse kids to use the restroom. A teen might need this access to this medication for many reasons.

Expand full comment

This is all just part of the war on women!!

This plaintiff has 3 daughters, if he had sons needing condoms there would be no case because he wouldn't care.

This is ALL about creating deliberate barriers to access and hiding behind "parental rights".

It's just more Christian Taliban bullshit.

All females should be home reading the bible and making quilts for our hope chest for when we marry a christian nationalist man that we are subjugated to.

This case is litmus case that apparently has succeeded, we will now see more of this.

Expand full comment

Christian Taliban Bullshit 😂🤣😂🤣 Definitely adding this to my vocabulary.

Expand full comment

Adolescent access to contraceptives also has constitutional implications.

See, Carey v. Population Services, which protected the right of minors to have access to contraceptives.

Expand full comment
author

Oh, yes. Originally I wanted to get more into Kacsmaryk’s decision. He had a real doozy of a footnote regarding that issue. Go look it up, then, likely, scream.

Expand full comment

"The correctness of Carey's holding on blanket bans of contraceptives is also in doubt insofar as it relies on Eisenstadt v. Baird, 405 U.S. 438 (1972), and Griswold v. Connecticut, 381 U.S. 479 (1965). See Dobbs, 142 S. Ct. at 2301 (Thomas, J., concurring) (urging the Court to reconsider Griswold because it is "demonstrably erroneous")."

Expand full comment
author

Yuppp. There it is.

Expand full comment

say what Jack

Oh dear.

Expand full comment

JFC

Expand full comment

Religion has no place in government. The church needs to be taxed but that’s another discussion. How is it not a violation of the separation of church and state when the judicial and legislative branches call upon their “Christian principles” to vote/decide on key issues? Be a Christian, if such a thing exists in this Apartheid Republic of America, but to use your Christian beliefs to be the basis for legal interpretation is wrong. Hell want to be puritanical and Christian rapists used to receive the death penalty, but todays Christian movement finds that the man shouldn’t be punished, and the woman is responsible for inviting assault and must bear the consequences (child birth). The moral compass of these conservative Christian’s is so misguided it’s a miracle they can shove their heads up their asses that far.

Expand full comment

I'm not so sure it's that simple. People find moral guidance from all sorts of diverse sources; why should we grant more legitimacy to someone who learned about courage and kindness from The Lord of the Rings than to someone who learned from The Chronicles of Narnia?

Expand full comment

I’m saying though the ones who make these decisions are repeatedly part of the American Christian Taliban movement….thats a problem. Find guidance from the shire or Hogwarts, I find them more realistic than Republican Jesus, but leaders can solely vote based on that. It’s still wrong to vote no when your constituents say overwhelmingly yes simply because you’re a legislator in the Christian Taliban who wants to bomb hogwarts and round up everyone from the shire for a concentration camp…the law is the law, why does the judge get to say well yea that’s what it says but my fancy bible of BS says eat camel shit so judge overrules….thats a problem area. The religious guidance is sticking its nose in law and government where it has no business.

Expand full comment

Parents rights for some but not others.

Expand full comment

At least one story I saw on this said that Deandra's kids had not tried to get contraception. So I gather from what you said that standing is based on the simple possibility that a child might ignore a parent's teaching and IF that happens to be a religious teaching then that parent can sue to make sure that they have to be told IF the kid tries to get contraception and so does everyone else because the state can require it such permission because of lack of federal pre-emption? But if a non-religious person had objected to the same rule, it would never have gotten to court?

Even if the "injury in fact" is a law that threatens some right, the threat has to be imminent. Judge K correctly recites the bit about standing being able to be prospective if the danger is imminent. So I guess that means that the court recognizes that there is an imminent danger that kids will not pay attention to their parent's religious teachings. After this ruling, that is likely to become more and more true, I'd guess.

You are right. Escher and the 5th Circuit are best buddies.

[ uh, Kafka has said he'd like a word here.....]

Expand full comment

I'm seriously not okay with this😐

Expand full comment

All of these cases are partisan politically motivated i.e., the idea is to create the impression on persons in their "formative years" that being abused is part of life and the tradition must be carried on and continued otherwise the republican faction will lose its majority and then everyone will realize that their brethren to the left of the hyphen share the same epistemology. This is the old ADA solution, choose the lesser evil. All of these Judges were allowed to be such by the US Senate and this adds to the vote left of the hyphen or else this is what happens. So without such things happening, there is no urgency nor really any reason to vote for anyone left of the hyphen. All of which is corroborated by the fact that no one in the Senate has ever made the foregoing argument nor has anyone at the USSCt. or any other court because lawyers get huge payouts and fawn judges with what they think they want to hear or their staff attorneys want to read rather than addressing human mortal reality,

Expand full comment

I have 2 questions Chris.

Is the Constitution not clear

enough in its original format

and its amendments, concerning the separation of

church and state, its infringement of one religious

belief over another?

Does. this not include the judicial branches in the states

and their judge's rulings?

Expand full comment

Ok...I have another question.😁 Who or what oversees all

these different circuit court

judges for their impartiality

in decisions while serving?

Some are just so blatantly

out of line, it's hard to believe

we have no one to complain

to but each other. The 5th

circuit is a disgrace.

Expand full comment

Decisions get appealed until they reach the supreme court or the supreme court declines to take the case. No one oversees the supreme court, other than that a future administration could just ignore its rulings (which the next Republican administration will do as soon as it gets a ruling it doesn't like). If this system sounds broken to you you're right.

Expand full comment

sad but true. If the Extremes correctly decide that there is no immunity for doing things outside the official duties of the president, I suspect he will then (if he wins) try to dissolve the court. Or maybe seize the justices' assets to pay for the attorney fees he had to spend. So long, Thomasian motor home.

Expand full comment

Typical authoritarian moves.

Expand full comment

I just want to point out- imagine you are a teenage girl and your dad randomly decides to go to federal court to assert his ultimate authority over your body, specifically your uterus.

Expand full comment