This needs to come out in hearings.

He was virulently against the recent decision affirming the right of a raped teenager held by DHS to have a abortion. He was in 2007
just as doggedly dissenting in this ruling against coerced sterilization and abortion. And Kavanaugh (along with Gorsuch) is absolutely against any right to die legislation despite any level of torturous suffering or terminal illness.
'
This is a very sadistic and unbalanced man hiding behind an extreme theocratic and corporate ideology.

From reading the decision, the question was whether a person who has been found incompetent to make medical decisions for herself as a result of mental disabilities can have those decisions made by others with the proper authority.

It is not terribly surprising that medical decisions for an incompetent person must be made by that person's guardian or other authority. It would have been alarming if the ruling had been that a guardian, etc. cannot decide that an abortion is necessary for the incompetent person's health.

Mind you, I think Kavanaugh a dangerous choice who will, if confirmed, do serious damage on the Court. I'm just not convinced this decision is a particularly good argument against him.

Last edited Sat Aug 25, 2018, 05:00 PM - Edit history (1)

and the article says most courts acknowledge that people with disabilities at least are entitled to their wishes being considered even if they could be ruled against. Kavanaugh ruled that they were not even to have their wishes considered at all. Basically, they are nonpersons.

Plus, it makes me wonder why the anti-choicer forced-birth crowd would rally around him. The R's who rushed to interfere with Terri Schiavo's guardian's choices were more in the mold of what the thumpers would want. Sounds like he'd overturn Roe AND not do what the forced-birthers want.

There is no reference that I can find to a distinction between the three plaintiffs. To the contrary, the fact that all three plaintiffs were incompetent to make medical decisions appears to have not been in dispute.

"It is undisputed here that plaintiffs have always lacked 'sufficient mental capacity to appreciate the nature and implications of a health-care decision, make a choice regarding the alternatives presented or communicate that choice in an unambiguous manner.'"

The only question was whether a person who was incompetent to make medical conditions due to mental disability could nevertheless override the decisions of the guardian, etc. who was legally responsible to make medical decisions. From the decision, the District of Columbia had a rigorous process to determine whether persons in its care were unable to make medical decisions.

I would like to say that I see right-wing overreaching in the decision but I just can't.

https://act.moveon.org/event/unite-for-justice-attend/search/
On August 26, all across the country, Americans will stand united in commitment to our freedom and our future to demand that the U.S. Senate stop Judge Brett Kavanaugh’s nomination for a lifelong appointment to the Supreme Court.

In Brett Kavanaugh, Donald Trump chose a nominee who not only has extremist, ultra-conservative legal views on a range of issues, but who has repeatedly argued that the Supreme Court should put the president above the law. Donald Trump is at the center of a criminal investigation, and he should not be allowed to pick his own judge and jury.

Kavanaugh would rule against reproductive freedom, health care, the environment, voting rights, workers’ rights, LGBTQ rights, and immigrant rights for generations.

Senators in all fifty states must listen to their constituents, do their jobs to uphold the will of the people, protect the soul of our country and Constitution, and block this nomination. United, we will fight to ensure Brett Kavanaugh never gets confirmed by the Senate. We will #StopKavanaugh. Join us.


Spread the word...over 150 cities are having protests. I just finished my signs and am ready to go!
RESISTANCE WORKS!

over the individual. I believe he'd make a very appropriate justice for an authoritarian state, but a very bad one for individuals living in any nation.

This is a reversal of the humanist principles written into our Declaration of Independence, of equality of all men and the universal right of the individual to life, liberty and pursuit of happiness, and into our constitution, summed up by President Lincoln as establishing government of, by and for the people.

In this case, Kavanaugh believes that a person who has been deemed legally incompetent by the state has no right to even be consulted on her feelings about aborting her child or about having a medical procedure. And if known, there is no requirement to present that information to the court for consideration or dismissal depending on the individual circumstances.

Most people deemed legally incompetent, of course, have thoughts, feelings and opinions. They're people. Many have been legally designated incompetent to care for themselves in order to qualify for government assistance of some type. But according to Kavanaugh, their right to the protections guaranteed in our constitution are completely negated by being placed in this category where the government can ignore their humanity altogether and assert absolute authority over their bodies.