tanqtonic
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RE: Obama Judge Blocks Trump’s BBB Provision Barring Funding For Planned Parenthood
(07-08-2025 10:17 AM)ThreeifbyLightning Wrote: (07-08-2025 10:11 AM)tanqtonic Wrote: (07-08-2025 10:00 AM)ThreeifbyLightning Wrote: (07-08-2025 09:42 AM)tanqtonic Wrote: (07-08-2025 09:14 AM)ThreeifbyLightning Wrote: You're still mixing issues.
Do I think this was targeted specifically because of Planned Parenthood's overt political activism? Yes. I do. You do have a point there, but to suggest its unconstitutional is laughable. Again, show me another "medical institution" that uses its platform for political activism. If they exists, I bet they've been cut before too.
I agree they have a political viewpoint, and have a platform for that. And the broad point bolded above simply doesnt matter.
Quote:The crux of the issue is that Planned Parenthood does not have a "right" to federal funding.
Correct, they do not have a "right" to direct federal funding. That isnt the issue.
Quote:No more so than Johns Hopkins or the Mayo Clinic does. If the federal govt decides it doesn't want to provide federal funding to Hopkins any longer it's well within its right and purview to do so. There is nothing unconstitutional about the federal govt defunding Planned Parenthood no more than it is any other institution like Hopkins. A district judge simply cannot tell the federal government that it has to fund an independent entity. That, itself, is what is unconstitutional and this is going to be struck down in about five minutes.
This isnt an issue of 'direct funding', Three. If it were, your points would be absolutely valid, on point, and correct.
This is an issue of participation in a broad program that is designed to pay medical providers for services rendered.
In order,
1) PP has a right not to discriminated against in participating in that broadly defined and broadly available program. That is a basis for an equal protection problem, when they are singled out.
2) PP has a right not to discriminated against in participating in that broadly defined and broadly available program based on *any* political viewpoints. That is a basis for 1st Amendment problem, when they are singled out *for* a political view.
3) PP has a right not to literally singled out in a law for no rational basis against in participating in that broadly defined and broadly available program. That is a basis for a bill of attainder problem, when they are singled out specifically as they are.
4) PP has a right not to targeted and barred from participating in that broadly defined and broadly available program because they provide, apart from that program, a legal service of abortion. That is a basis for a targeting problem, when they are singled out because of engaging in a completely legal activity.
Again, if this were direct funding -- you would be absolutely correct that the Fed Govt would have a proper basis for cutting direct funding.
When it comes to a broadly available public program, the Govt *can* cut, but has to show a pretty good reason to do so. Like they *can* cut practices that engage in Medicare fraud as specific participants. But when a program is available as a broad 'paid services' like Medicare, they do not have the power to do that style in named, specific, individual removal under the law when the distinguishing factors are political viewpoint, and such.
But this goes to the misnomer of 'funding'. Which pretty much everyone here has glommed onto in the manner that was intended. And doesnt accurately protray what is really happening under the hood.
Huh? The entire lawsuit is about its funding being cut through Medcaid. That is a federally funded program. Therefore, that is federal funding.
The bill doesn't stop PP from providing those services. It prohibits the federal govt for paying for them. Seriously, aren't you tired of losing arguments yet?
And the program at law is open to literally anyone who can provide them.
And to deny any single provider from that program based on a political viewpoint is highly problematic.
End of story.
Let me put it into more of your perspective. Assume the Federal government sets up a program to buy LE vehicles, and the only criteria is 'if you have the vehicles as described we will buy them'. (shorthand "The LE Car Program")
A broad program available across the board.
The government cannot amend the law to say 'the LE Car Program is not available to Jim Bobs LE Cars, LLC, because the government doesnt like his individually held stance on federal game laws.'
If you offer a broad program to the general population of physicians, you cant single one of them out because you dont like their political viewpoint. Again, end of story.
Yes it can. Hell, the federal govt can establish multi-billion proposals and retract them for any number of reasons. I mean a bid to Boeing can be cut simply because they didn't like the way they ran the contract.
To cut them solely due to a *political* viewpoint is absolutely prohibited. Its called the 1st Amendment, mind you. The government cannot regulate participation in and with wide programs based simply on political viewpoint.
Quote:The USG has already specifically singularly cut entities like NPR and others.
And that is being litigated under the 1st Amendment as we speak.
Further, NPR is different aspect -- it is the beneficiary of specific, named funding. Again, that falls into the 'direct funding' bucket. Not the 'participation in a widely available program' bucket.
Quote:The Constitution cannot and does not require the executive branch to use taxpayer money to fund specific program and prohibit from unfunding programs.
In your view the Executive has unfettered power to use, and to prohibit use, of designated funds? Lot of SCOTUS law on that point, my friend.
Last I saw, his job is to 'execute' those laws that Congress passes. As opposed to your junta major domo view of the Executive that you put forth above.
Maybe you should double check if that word 'execute' is the exact word used in Art. 2. That seems to be my recollection of it.
Quote:The unconstitutionally is a single district judge believe he can trample on the Constitution to force the federal government to do something that politically aligns with his views.
That still doesnt sit with the facts in the case, and pretty much a bunch of rhetoric you toss out above.
Last I saw, a judge can determine the Constitutionality of a law, and provide actions of justice to the parties in front of them. Maybe you can educate me where that has changed. And also, there is one party sitting in front of this judge, and the order reaches that one party only.
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