Ian Millhiser’s explanation for why the Supreme Court refused to hear two cases brought by conservatives to defund Planned Parenthood makes sense to me, and so does his theory of why Chief Justice John Roberts and Justice Brett “Bart” Kavanaugh sided with the liberal faction to deny certiori:
It’s very doubtful that this equilibrium will last — Kavanaugh’s been very clear that he intends to kill Roe v. Wade. But the Court’s decision to not hear Andersen and Gee gives credence to the theory that Roberts and Kavanaugh want to give the nation some time to forget about how Kavanaugh got his current job before they declare outright war on reproductive choice.
Monday’s order, moreover, is unlikely to protect Medicaid recipients from the Supreme Court for very long. In the long run, some state is bound to violate the free-choice-of-provider provision in a way that doesn’t implicate a group associated with abortion. When that happens, this very conservative Supreme Court will be free to limit this provision without doing so under the close scrutiny it will face if the case name includes the words “Planned Parenthood.”
But the decision does raise a question: why can’t the Democratic Party, now fully stocked with younger and browner legislators who aren’t men, endorse federal legislation that protects a woman’s right to choose an abortion from the interventions of states? Too long has the party relied on Roe v. Wade as a carapace as subsequent decisions have poked holes in it. I forgot where I read that Roe establishes a floor, not a ceiling. Obviously they would need to control the White House and the Senate too. But campaigning openly and unequivocally for abortion rights is a standard to which voters would rally, especially the city and suburban-dwelling Democrats comprising the core of the Democratic base (I’m aware that many Americans squirm around a right to an unfettered abortion, but campaigns aren’t built around nuance).
Finally, natal care gets too little attention. As abortions have gotten safer in the United States, childbirth has gotten more dangerous. I doubt Kevin McCarthy, Mitch McConnell, and Donald Trump care.