Yesterday, George H.W. Bush-appointed Judge Sam Sparks blocked a Texas law forcing abortion providers to effectively engage in anti-abortion advocacy with their patients. A longer post explaining why this law violates the First Amendment is forthcoming. In the meantime, one footnote in Judge Sparks’ decision stands out:
It is ironic that many of the same people who zealously defend the state’s righteous duty to become intimately involved in a woman’s decision to get an abortion are also positively scandalized at the government’s gross overreaching in the area of health care.
Apparently, Judge Sparks never got the memo explaining that court decisions that implement conservative policy preferences are exactly what the framers intended, but court decisions that actually allow progressive elected officials to govern are unforgivable judicial activism.