Monday, February 06, 2012

Judge Sam Sparks, the 5th Circuit, and the Texas sonogram law

This is a somewhat remarkable rebuke by a federal judge of his peers up the food chain.

U.S. District Judge Sam Sparks declined to stop a new sonogram law from taking effect in a ruling Monday that indicates his hands were tied by an appellate court.

"There can be little doubt that (the law) is an attempt by the Texas Legislature to discourage women from exercising their constitutional rights by making it more difficult for caring and competent physicians to perform abortions," Sparks wrote in his decision.

"It appears the (three judge appellate court panel) has effectively eviscerated the protections of the First Amendment in the abortion context," and "in no other medical context does the government go so far in telling doctors what they must, and must not, do," Sparks said in the ruling.

Sparks granted a temporary restraining order last fall, which kept the law from taking effect, but three judges from the 5th Circuit Court of Appeals last month overturned Sparks, who was appointed to the federal bench by President George H.W. Bush.

I've often wondered how the ultra-right freaks on the 5th Circuit can stand to live and work in a den of hedonism like New Orleans. They must be appalled.

"It is a terrible injustice that Judge Sparks could not rule in favor of protecting the constitutional rights of Texas doctors because of the Fifth Circuit panel's decision," said Nancy Northup, president and CEO of the Center for Reproductive Rights. "We urge the full Fifth Circuit to consider Judge Sparks' sound legal analysis when reviewing our request for a new hearing."

Nice thought, but it'll never happen unless Obama gets a shot at replacing some of those folks. The Republican obstructionists in the Senate will keep doing their best to block that, too.

See what happens when you vote GOP? Or when you don't show up to vote at all?

And starring Greg Abbott as P.T. Barnum

It was fairly good fun watching the attorney general of Texas try to pull a fast one today, and getting slapped before he could draw his hand out of the cookie jar.

Earlier this afternoon, Greg Abbott proclaimed an "agreement" in the Texas redistricting saga and spoon-fed a few media outlets with the news. Except that the "deal" wasn't one because several of the various plaintiffs said 'pass', and the judges who set today as the deadline for agreeing -- or pushing farther out the primary elections -- called bullshit as well.

A federal judge ordered all sides in the Texas redistricting lawsuit to keep talking Monday, just hours after the attorney general announced a compromise plan that prompted immediate pushback from several minority groups involved in the case.

Attorney General Greg Abbott had said several minority groups agreed to a plan that would put two new congressional seats in Hispanic-dominated districts for this year's elections. But some of the groups that sued the state, alleging the GOP-controlled Legislature drafted redistricting maps that were discriminatory, scoffed at the new plan and said it diluted the voice of minority voters in some parts of the state.

Judge Orlando Garcia noted that Monday was the deadline for all sides to agree.

"The parties should continue their negotiations to the extent possible, but all deadlines remain in place until the Court is notified that an agreement has been reached," Garcia said in the court order.

Garcia and two other San Antonio-based federal judges are hearing the lawsuit. The judges said that if all sides couldn't draft compromise maps by Monday, then the April 3 primary would likely be delayed.

In other words, Greg Abbott is his usual sorry ass lying bastard self, everyone in Texas (and quite a few people in Washington DC) know it, and nothing much has really changed with regard to the clusterfuck that is Texas redistricting.

Any questions? Juanita Jean can answer them.

Update: Greg goes deep into the cartography, Charles burrows into the spreadsheets, the Corpus Caller nails it, and the Associated Press gets most everything comically wrong in this piece.