New at Live Action – Oklahoma Judge Nixes Ultrasound Law, Pretends Abortion Is Healthcare

Check out my latest Live Action post:
Not every case can be a winner. In Oklahoma, District Judge Bryan Dixon has invalidated the state’s law requiring abortionists to show their patients ultrasound images and read them descriptions of their babies before performing abortions:

District Judge Bryan Dixon ruled the statute passed by the Oklahoma Legislature in 2010 is an unconstitutional special law, and is [sic] can’t be enforced because it addresses only patients, physicians and sonographers dealing with abortions without addressing other medical care.

In response, Oklahomans for Life Chairman Tony Lauinger points out that “abortion is different than any other procedure,” and therefore regulations on it shouldn’t necessarily have to be uniform with other procedures. Which seems like basic common sense—even similar medical procedures and conditions can have a wide range of differing nuances and circumstances, requiring different considerations. Why should a judge be able to keep Oklahoma from taking those differences into account?
Read the rest at Live Action.

Barack Obama and the Left’s Willful Anti-Constitutionalism

The Obama Administration reportedly plans on tweaking the case for ObamaCare’s constitutionality it’ll bring before the Supreme Court, shifting its emphasis from the Commerce Clause, which empowers Congress to “regulate commerce…among the several states,” to the Necessary and Proper Clause, which empowers Congress to “make all laws which shall be necessary and proper for carrying into execution” the federal government’s constitutionally-authorized powers:
“The minimum coverage provision is … necessary to achieve Congress’s concededly valid objective of reforming the interstate market in health insurance,” the Justice Department said in its first Supreme Court brief on the merits of the mandate.
You don’t need to have spent so much as a day in law school to understand that this does nothing to improve the White House’s argument. The Necessary & Proper Clause only helps if the objective is identified by the Constitution, and they’re still relying on the commerce rationalization. Unfortunately for the Left, if we’re going by what the Constitution actually means rather than what they want it to mean, we already know that’s a dead end. Alexander Hamilton explained the Commerce Clause in Federalist 22:
The interfering and unneighborly regulations of some States, contrary to the true spirit of the Union, have, in different instances, given just cause of umbrage and complaint to others, and it is to be feared that examples of this nature, if not restrained by a national control, would be multiplied and extended till they became not less serious sources of animosity and discord than injurious impediments to the intcrcourse between the different parts of the Confederacy. “The commerce of the German empire is in continual trammels from the multiplicity of the duties which the several princes and states exact upon the merchandises passing through their territories, by means of which the fine streams and navigable rivers with which Germany is so happily watered are rendered almost useless.” Though the genius of the people of this country might never permit this description to be strictly applicable to us, yet we may reasonably expect, from the gradual conflicts of State regulations, that the citizens of each would at length come to be considered and treated by the others in no better light than that of foreigners and aliens.
In other words, the intended purpose of Congress’s power to regulate interstate commerce was specifically to prevent the states from discriminating against one another through over-regulation, to erect a uniform standard that would keep the interstate flow of commerce mostly un-regulated. Further, Hamilton’s clearly talking about regulating the actions of state governments, not of individuals. Nothing in the Constitution comes even close to empowering the federal government to compel individuals to purchase a good or service. (For more on the Founders’ understanding of the Commerce Clause, see here.)
The most important thing to understand about this story is that this is not a difficult conclusion to draw. If you have a proper understanding of the purpose behind a written Constitution and how to interpret it, then the rest of the exercise mostly takes care of itself. One need not engage in much heavy theorizing or interpretation thanks to the simple fact that, in most cases, those who wrote the Constitution told us exactly what they meant.
In particular, Barack Obama has no excuse not to know better, considering that the man taught constitutional law. But as Ben Shapiro has been chronicling, Obama’s teaching was defined by an agenda to mislead his students about the law, making originalism subservient to his personal ideology. As president, Obama explicitly chose Supreme Court Justices based on criteria other than their judicial excellence, and his administration has been defined by chronic disregard for any limits on federal and executive power.
Simply put, Barack Obama has no respect for the oath he took to “preserve, protect and defend the Constitution,” and he’s getting away with it in large part because our society doesn’t teach its citizens sufficient constitutional literacy to recognize it. I’ve said it before, and I’ll say it again: conservatives can’t restore America’s founding principles if we don’t wake up and work to break the Left’s stranglehold on education.

New at Live Action – WaPo Columnist: It’s Racist to Defend Black Babies From Abortion

My latest Live Action post:

Lately, the mainstream media’s been doing a pretty good job of reminding pro-lifers that we hate women, but surely our malice isn’t limited just to women, is it? Of course not. Fortunately, dear readers, we have Washington Post columnist Courtland Milloy to remind us that we’re racist, too. Milloy claims the real intent of the pictured billboard, sponsored by Life Always’ “That’s Abortion” campaign, is to “shame the black woman, single her out by race and cast her body as the personification of sin and death”:

[T]he conservative effort now underway to overturn the court’s decision is not just being waged on women’s reproductive rights, but on the black woman as a person.
Do white women recognize the difference?

“When you add racism to sexism, oppression manifests itself differently,” said Paris Hatcher, executive director of an Atlanta-based women’s advocacy group called SPARK Reproductive Justice Now. “In this country, it’s okay to shame and blame the black woman, to pathologize and criminalize her behavior. Black women become the nannies, the mammies, the Jezebels.”

That must be it! Why didn’t anybody see it before? Apparently the rest of us were taken in by Life Always’ clever ruse of staffing its four-person Board of Directors with two black men and one white woman, leading us to naively infer that the billboards were motivated by compassion for the innocent black girls killed by abortion. How foolish of us!

Read the rest at Live Action.

"We can lie to women all day long about the excitement of the hook-up culture, but it’s far better to tell women the truth, even though the word ‘slut’ stings."

That’s the conclusion of Cassy Fiano at PJ Media, who in two paragraphs, does more good for teen girls than all the “comprehensive” sex-ed programs in the country put together:
The worst part of the obsession with sluthood? The harm to women. For starters, one in five women currently have herpes. Rates of chlamydia among women have also skyrocketed, with almost three times as many women infected as men. HPV, a disease which can cause cancer, is so prevalent now that at least half of all sexually active adults have been diagnosed with it at some point. According to the CDC, of the 12,000 women who get cervical cancer each year, almost all of them are HPV-related. The effects are even worse on younger girls. Sixty-three percent of teens who have sex wish they didn’t. The Heritage Foundation did a study and found that 8,000 teenagers are infected with an STD daily.
As a woman, how is it better to close our eyes and bleat “empowerment!” about women being sluts? It’s harmful, degrading, and even the feminists advocating for sluthood admit to feeling used, cheap, and worthless. It may seem harsher to call someone a slut, but far better for us to stop glorifying sluthood as if it’s some kind of acceptable lifestyle than to praise women for it. What’s the better choice in the long run for women? To lie to them about the greatness of being a whore, or to be honest and call sluts what they are? Believe it or not, slut-shaming serves a purpose.
Read the rest of it, including some valuable background on feminists’ open promotion of sluthood (their word), here.

New at Live Action – The True Moral of the Sandra Fluke Saga

My latest Live Action post:

Judging by the explosive reaction to last week’s post about 30-year-old Georgetown Law student Sandra Fluke’s congressional testimony on contraceptive coverage, it seems lots of people want to talk about the story. Fortunately, there’s more to discuss.

First, we have some investigative work by Mytheos Holt at the Blaze, who found a Washington Post story which suggests Fluke not only knew Georgetown didn’t cover birth control for students, but decided to enroll there specifically so she could make it a cause célèbre :

Fluke came to Georgetown University interested in contraceptive coverage: She researched the Jesuit college’s health plans for students before enrolling, and found that birth control was not included. “I decided I was absolutely not willing to compromise the quality of my education in exchange for my health care,” says Fluke, who has spent the past three years lobbying the administration to change its policy on the issue. The issue got the university president’s office last spring, where Georgetown declined to change its policy.

In other words, Sandra Fluke is no mild-mannered student blindsided by prudish administrators, but a radical who always intended to transform Georgetown’s values through any means necessary.

Read the rest at Live Action.

Rick Santorum Is Losing Me

In January, I enthusiastically endorsed Rick Santorum for President, having been convinced that he finally demonstrated the political acumen to complement his philosophical integrity. For a while, Santorum’s performance seemed to affirm my decision—he effortlessly assumed the role of adult in the room during the Florida CNN debate, and his strength in the polls remains far stronger than most would have predicted just a few months ago.

Unfortunately, a handful of incidents over the past two weeks have forced me to reconsider. First came his lackluster performance in the Arizona CNN debate, during which he rationalized his support of No Child Left Behind thusly:
I have to admit, I voted for that, it was against the principles I believed in, but you know, when you’re part of the team, sometimes you take one for the team, for the leader, and I made a mistake. You know, politics is a team sport, folks, and sometimes you’ve got to rally together and do something, and in this case I thought testing and finding out how bad the problem was wasn’t a bad idea. 
Voting against your own principles because your team leader wanted you to? That’s not only about as un-Tea Party as you can get, it also stands in stark contrast to Santorum’s own one-word description of his candidacy that very night: “courage.”

Next, Santorum came under fire for saying that John F. Kennedy’s famous Address to Protestant Ministers made him want to “throw up”:
I don’t believe in an America where the separation of church and state is absolute.  The idea that the church can have no influence or no involvement in the operation of the state is absolutely antithetical to the objectives and vision of our country. This is the First Amendment.  The First Amendment says the free exercise of religion.  That means bringing everybody, people of faith and no faith, into the public square.  Kennedy for the first time articulated the vision saying, no, “faith is not allowed in the public square.  I will keep it separate.” Go on and read the speech “I will have nothing to do with faith.  I won’t consult with people of faith.”  It was an absolutist doctrine that was foreign at the time of 1960.
Don’t get me wrong; I understand as well as anyone the truth and importance of Santorum’s underlying point, that the Left has twisted the Establishment Clause to obscure and erase America’s Judeo-Christian foundations. We need a candidate and a president who will make that case to the American people. But we don’t need a candidate who makes it so easy for the Left to caricature that case. While some of JFK’s rhetoric could be interpreted as Santorum describes it, it’s hardly an obvious or indisputable inference—I suspect most Americans would read it as simply meaning he wouldn’t discriminate against Protestants or take his marching orders from the Vatican. What’s more, how much mileage do you think the Democrats will get out of ads which present Santorum as a wild-eyed theocrat who “wants to throw up” when he hears passages like:
I believe in an America that is officially neither Catholic, Protestant nor Jewish; where no public official either requests or accepts instructions on public policy from the Pope, the National Council of Churches or any other ecclesiastical source; where no religious body seeks to impose its will directly or indirectly upon the general populace or the public acts of its officials; and where religious liberty is so indivisible that an act against one church is treated as an act against all.
Or:
I believe in an America where religious intolerance will someday end; where all men and all churches are treated as equal; where every man has the same right to attend or not attend the church of his choice; where there is no Catholic vote, no anti-Catholic vote, no bloc voting of any kind; and where Catholics, Protestants and Jews, at both the lay and pastoral level, will refrain from those attitudes of disdain and division which have so often marred their works in the past, and promote instead the American ideal of brotherhood.
And most recently, he and Mitt Romney have been fighting over a robocall which asks Democrats to vote for Santorum in the Michigan primary. While Romney’s reaction is overblown and hypocritical, the fact remains that it contradicts Santorum’s own stated disdain for Democrats influencing Republican primaries, and its message was worse:
Romney supported the bailouts for his Wall Street billionaire buddies, but opposed the auto bailouts. That was a slap in the face to every Michigan worker, and we’re not gonna let Romney get away with it.
Not only is Santorum resorting to the very same class warfare he so admirably resisted not so long ago, but it raises the question: how can it be a “slap in the face” for Romney to oppose the auto bailout, but not for Santorum himself to do so? Attempting to give voters a false impression that you supported something you actually oppose isn’t exactly confidence-inspiring. (And for what it’s worth, one need not support either bailout to recognize substantive differences between them.)  

I’m not saying I won’t still vote for Rick Santorum in the Wisconsin primary. Many of his biggest assets—his unquestionable sincerity on social issues, his foreign policy expertise, and his relative purity on the crucial issue of government-run healthcare—remain unshakeable. Mitt Romney’s shortcomings (the latest example being this clumsy attempt to neutralize his wealth as a campaign issue) remain substantial. But I am saying I’m no longer certain he’s a stronger general election candidate than Romney, and so I must revert from identifying as a Santorum supporter to being undecided between Santorum and Romney.

Both men are far superior to Newt Gingrich (and Ron Paul, whose name shouldn’t even be spoken in the same breath as Gingrich’s). Both men have checkered pasts but are running on strong, unambiguous full-spectrum conservative platforms. Both men have denigrated themselves with petty, misleading infighting. Both men have displayed the capacity to change their tune for political expediency. Both men have shown promise in their ability to make the case against Barack Obama, but both men have also proven themselves to be disturbingly gaffe-prone.

I like and admire Rick Santorum. But I’m simply no longer confident enough in him to guarantee that he’ll get my primary vote. He and Mitt Romney have between now and April 3 to convince me they can get their act together and run a serious, focused, and reasonably caricature-proof campaign. May the best man win.

New at Live Action – How Low Can You Go? Salon Writer Accuses Rick Santorum of Wanting Her Daughter Dead

My latest Live Action post:
Once again proving how hated those who stand for life are in some corners of society, Sarah Fister Gale at Salon explains how Republican presidential candidate Rick Santorum “would have killed my daughter.”
She explains how a prenatal test of her unborn baby’s amniotic fluid revealed that she had Rh negative disease, which would have been fatal to her if left undiscovered. The prenatal testing saved the child’s life by enabling Gale’s doctor to track her development, ensure that she was delivered at the safest time, given a full blood transfusion, and monitored to make certain the disease was eliminated. Thankfully, little Ella is alive and well today.
What does this have to do with Rick Santorum, though?

If Rick Santorum had his way, I wouldn’t have been able to get that test, and she most likely would have died. Because according to him, tests that give parents vital information about the health of their unborn children are morally wrong. Though he has no medical training, and no business commenting on the medical decisions that women and their doctors make, he argues that such tests shouldn’t be provided, or that employers at least should be allowed to opt out of paying for them on “moral grounds.”

Santorum’s position is that “People have the right to do it,” but not “to have the government force people to provide it free” because prenatal testing often leads to abortion. He noted that he was speaking from experience: “I have a child that has Trisomy 18. Almost 100 percent of Trisomy 18 children are encouraged to be aborted.” The facts support Santorum—92% of positive Down syndrome diagnoses, for instance, result in abortion.
Read the rest at Live Action.

Ron Paul Can’t See the Difference Between the Other Republicans and Obama

An addendum to my post on why Paulites aren’t reliable GOP voters: Ron Paul suggesting to his fans that if the Republican nominee is anyone other than him, they might as well sit out the election:
“I think they’d all be better on taxes,” he said. “No, I don’t think any one would be a lot better [than Barack Obama]. That’s my problem and that’s the problem with the country. When you put people in office — you put a Democrat in, he acts like a republican too much, and when you put a Republican in, they act like a Democrat and they spend too much money. So I just don’t see a whole lot of difference with them.” 
Sure, unless you count stimulus, healthcare, abortion, infanticide, marriage, federalism, judges, religious liberty, gun control, immigration, unions, DOJ corruption, bailouts, national security, foreign policy, the Constitution, regulation, global warming, cap & trade, entitlement reform, or education. But other than that, the Republican candidates are exactly like Obama.
Ron Paul’s not a presidential candidate. He’s a cult leader.

McCarthy on the Secret History of Medicare

There’s nobody I agree with 100% of the time, but I honestly can’t remember ever finding Andy McCarthy’s commentary lacking. You should take the time to read his take on what Medicare’s architects were really thinking, and why the system deserves to die:
Medicare was a scam from the start. It had to be a scam because its ostensible purpose — providing health insurance for the elderly — was never the objective of its proponents. Instead, Medicare was a stepping stone to a utopia its champions dared not acknowledge: A compulsory universal-health-care system administered by government experts. FDR’s Committee on Economic Security initially intended to issue a health-care plan in conjunction with its universal, compulsory Social Security proposal in 1934. As Cato’s Charlotte Twight recounts, the former was dropped due to fear that pervasive opposition among the public and the medical profession would jeopardize passage of the latter. But Roosevelt got right back to it the day after he signed the 1935 Social Security Act, empowering the new Social Security Board to study the “related” area of health insurance.
There followed three decades of progressive proposals, each shot down by lawmakers animated by fierce public dissent. The Left realized the dream of socializing the health-care sector was not attainable in one fell swoop, so an incremental strategy was adopted: Get a foot in the door with less ambitious proposals; establish the precedent of government control while avoiding debate over the principle of government control. “Incremental change,” said Medicare scholar Martha Derthick, “has less potential for generating conflict than change that involves innovation in principle.” […]

More shrewdly, proponents misrepresented Medicare as an “insurance” program, with a “trust fund” into which working people paid “contributions” and beneficiaries paid “premiums” that would “entitle” them to claim “benefits.” In reality, there is no “trust fund.” Workers pay taxes — at levels that can no longer satisfy the pay-outs for current beneficiaries. This state of affairs was entirely predictable when Medicare was enacted in 1965 with the Baby Boom well underway. Back in the early days, when the program was flush, the surplus of taxes passed from the “trust fund” into the federal treasury, which redistributed the money to whatever chicanery Washington happened to be heaping money on. In return, the “trust fund” got an IOU, which would ultimately have to be satisfied by future taxes (or by borrowing from creditors who’d have to be repaid by taxpayers with interest). And the “premiums” largely turned out to be nonsense, too: The pols endeared themselves to elderly voters by arranging for Uncle Sam pick up more and more of the tab, or by using the government’s newfound market power to demand that providers accept lower payments.
When Medicare was enacted in 1965, the inevitability of its many adverse consequences was crystal clear. The system was grossly underfunded. The fee-for-service structure (expertly described by Capretta) was certain to increase costs exorbitantly with no commensurate increase in quality of care (indeed, care is mediocre, or worse). But most palpably, the fact that government was at the wheel made Medicare instantly ripe for political gaming and demagoguery. The ensuing 46 years have not only made the obvious explicit; Medicare and its tens of trillions in unfunded liabilities are actually worse than even its most fearful early critics predicted it would be.
McCarthy also throws some cold water on Paul Ryan fanboys like Bill Kristol and Charlie Sykes:
Former House Speaker Newt Gingrich steered the break-out of his presidential campaign into a ditch a couple of weeks ago by suggesting that the Ryan Medicare reform was “right-wing social engineering.” He was wrong, but not for the reason cited by his critics. To be more precise, Representative Ryan’s plan is a surrender to left-wing social engineering on terms the right wing naïvely believes it can accept. Ryan is the darling of a Washington breed of conservative wonk convinced that we can make the welfare state work if we just incorporate a few free-market, family-friendly tweaks […]

Reformers such as Representative Ryan always ignore this inevitable trajectory of entitlement politics. They rationalize that they can make a government-sanctioned bribery system run better, or at least preempt Democrats from making it run worse. Hoping to stave off Medicare, congressional moderates in 1960 passed a bill to provide means-tested medical assistance to the elderly. It only greased the wheels for not only Medicare but Medicaid. In Massachusetts, Romneycare was another well-meaning attempt to install a compulsory statewide health-insurance system that would be less autocratic and costly than the one the Left would have imposed. It is, predictably, a disaster that tends toward ever-more-suffocating government control.
Go read the whole thing, as well as McCarthy’s rebuttal to critic Peter Wehner.

Hey, Let’s Subsidize Crack!

Vancouver health officials will distribute new crack pipes to the city’s non-injection drug users this fall as part of a pilot project aimed at engaging crack cocaine smokers and reducing the transmission of disease such as hepatitis C.

The program, part of Vancouver’s harm reduction strategy, is expected to start in October and run for six months to a year, said Dr. Reka Gustafson, a medical health officer with Vancouver Coastal Health.

The intent is to connect health care workers with crack cocaine smokers to evaluate how many of the drug users are in the city and what equipment they need to lower their risk of catching diseases such as hepatitis C, HIV and even respiratory illnesses.

A kit with a clean, unused pipe, mouthpiece, filter and condoms will be handed out to the participants, Gustafson said. It’s not known at this time how many drug users will take part in the pilot, which is estimated to cost between $50,000 and $60,000.

“There’s been a shift to crack cocaine smoking and we want to make sure the services we provide are the services they need … if we’re providing syringes and what we need are pipes, we’re not serving them,” Gustafson said […] “It’s just understanding and knowing the health consequences of crack cocaine smoking.”
Which is why they’re going help facilitate its continued practice with taxpayer dollars. Because as long as you’re using a clean pipe, cocaine’s pretty much harmless, right?

I guess Canada has abandoned all pretense that self-destructive behavior shouldn’t be encouraged. And too bad they still haven’t figured out that prevention doesn’t decrease healthcare costs. One of Steyn’s commenters, Henry Hawkins, knocks this one out of the park:
The reason they want to get clean needles and crack pipes out on the street is because 95% of addicts don’t keep theirs clean, of course. However, once you’ve passed out a clean pipe or clean needle, **it’s only sterile for that first use**. From then on it’s dirty and stays that way. It will be used again. And again, and again, and again.

But Henry, they’ll teach them all about the importance of sterile works! They have a program and everything! And the addicts will ignore them. Such education programs have been common for over forty years. I’ve been working with addicts since 1986. There is a uniquely evil kind of ignorance that tells would-be do-gooders that the addict who won’t change his behaviors despite the likelihood of death by gunshot, overdose, AIDS, organic damage, mugging, and a thousand others ways an addict manages to die, will for some reason see the light and change out of fear of contracting hepatitis. If you want to kill an addict, give him uncut heroin or a government health department social worker. They are equally deadly.

So now, thanks to Vancouver Coastal Health, there will be many, many thousands more dirty pipes infected with hepatitis and other nasties out there in the addict community than there were before. Same number of addicts, just several thousand extra infected crack pipes, so the individual chance of infection is significantly raised.

But, but, but.. we give them pamphlets!

Arrrgh.
If you think it can’t happen here, think again. The nanny-state mentality is deeply entrenched in the minds of our ruling class, and where drugs are concerned, something tells me libertarians’ steadfast anti-government principles will evaporate right before our eyes.