Remember the hand-wringing, the wailing, the doomsday scenarios forecasted by the left during the Brett Kavanaugh confirmation circus? Remember the protesters dressed like women from The Handmaid's Tale? The hysteria came down to one issue – the left was scared out of its collective mind that Brett Kavanaugh would somehow single-handedly overturn Roe v. Wade, and force women into a dark age of bootleg abortions. This monster was going to destroy women's rights.
And then, a little something of interest to the pro-abortion crowd came down from the Supreme Court yesterday. The Court dealt a blow to conservatives who hoped to challenge individual state-funding of Planned Parenthood. In a six-to-three vote, the Court decided not to review lower court decisions that blocked the states of Kansas and Louisiana from preventing Planned Parenthood from receiving Medicaid funding. To accept a case, the Court needs four justices to vote in favor.
To be clear, the Medicaid funding in question did not directly involve abortions. Federal law already prohibits using Medicaid to fund abortions.
Predictably, the Court's four progressive justices voted against hearing the appeals. Also somewhat predictably, the Court's chameleon conservative, John Roberts, voted with the progressives. But wouldn't you know it, the sixth vote against hearing the case came from Brett Kavanaugh.
In his dissent, Justice Clarence Thomas wrote that the cases in question are not about abortion rights. He said, "What explains the court's refusal to do its job here? I suspect it has something to do with the fact that some respondents in these cases are named 'Planned Parenthood.' Some tenuous connection to a politically fraught issue does not justify abdicating our judicial duty."
The left was positive that the sky was falling with Kavanaugh, and it turned out to be an acorn.
The point here is not that Brett Kavanaugh is suddenly a pro-abortion, Planned Parenthood supporter. It's that he's already showing himself to be the kind of justice some of us thought he'd be – someone who, like John Roberts, might lean conservative sometimes, but won't always side with the usual conservative bloc.
In other words, the left was positive that the sky was falling with Kavanaugh, and it turned out to be an acorn.