In retrospect, it was inevitable that this particular judge would come for contraception. MsReads via voxdotcom
But Kacsmaryk isn’t like most other judges. In his brief time on the bench — Trump appointed Kacsmaryk in 2019 — he has shown an extraordinary willingness toThis behavior is enabled, moreover, by the procedural rules that frequently enable federal plaintiffs in Texas to choose which judge will hear their case — 95 percent of civil cases filed in Amarillo, Texas’s federal courthouse are.
Kacsmaryk’s decision is riddled with legal errors, some of them obvious enough to be spotted by a first-year law student. And it contradicts aamong federal courts that parents do not have a constitutional right to target government programs providing contraceptive care. So there’s a reasonable chance that Kacsmaryk will be reversed on appeal, even in a federal judiciary dominated by Republican appointees.
Nevertheless, Kacsmaryk’s opinion reveals that there are powerful elements within the judiciary who are eager to limit access to contraception. And even if Kacsmaryk’s opinion is eventually rejected by a higher court, he could potentially send the Title X program into turmoil for months.Kacsmaryk’s opinion makes a number of legal errors, some of them egregious.
The Constitution, for example, does not permit litigants to file federal lawsuits challenging a government program unless they’ve been injured in some way by that program — a requirement known as “.” But Alexander Deanda, the father in this case seeking to stop Title X-funded programs from offering contraception to minors, does not claim that he has ever sought Title X-funded care. He does not allege that his daughters have ever sought Title X-funded care.
, the plaintiff in a federal lawsuit must show that they’ve been injured in a manner that is “actual or imminent” and not “conjectural” or “hypothetical.” But Deanda has offered nothing more than conjecture that, if Title X continues to operate as it has for decades, one of his daughters might, at some point in the future, obtain contraception. Kacsmaryk nevertheless allowed his suit to proceed.
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