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Texas is freedom land

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joined 2022 September 05 17:27:40 UTC

				

User ID: 647

netstack

Texas is freedom land

8 followers   follows 3 users   joined 2022 September 05 17:27:40 UTC

					

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User ID: 647

No, it doesn’t. In the first footnote of their response, the Supreme Court defines “reasonable medical judgment.”

a medical judgment made by a reasonably prudent physician, knowledgeable about a case and the treatment possibilities for the medical condition involved.

Which of these did Dr. Karsan not attest? More importantly, why doesn’t the Supreme Court specify?

Even if you don’t think the abortion was necessary—isn’t this perverse? The state is shooting down every attempt to clarify its laws before committing a potentially criminal act.

This is all a ploy to teach Russia about the power of friendship imported cheap labor.

How does this make it harder for Trump to de-escalate? The U.S. already enjoys near-total leverage over Ukraine. Calling a Russian bluff is purely improving our leverage against them.

Not by much, mind you, and I can’t say I endorse the brinksmanship…but conditional on it working as intended, I don’t see how Trump’s options are any more limited.

Yes, we're reading the same decision.

But how is "believes in good faith, exercising her best medical judgment...that the medical exception to Texas’ abortion bans and laws permits an abortion in Ms. Cox’s circumstances" not asserting a "reasonable medical judgment"?

Though the statute affords physicians discretion, it requires more than a doctor’s mere subjective belief. By requiring the doctor to exercise “reasonable medical judgment,” the Legislature determined that the medical judgment involved must meet an objective standard.
...the statute requires that judgment be a “reasonable medical” judgment, and Dr. Karsan has not asserted that her “good faith belief” about Ms. Cox’s condition meets that standard.

So the state accepts that Karsan asserted her judgement in good faith, but insists that it wasn't a "reasonable medical" judgment, because it didn't meet their standard. What standard? An "objective" one. Okay, but what standard? What magic words would she have to say to clear the bar?

Dr. Karsan did not assert that Ms. Cox has a “life-threatening physical condition” or that, in Dr. Karsan’s reasonable medical judgment, an abortion is necessary because Ms. Cox has the type of condition the exception requires.

Checking the complaint, then, what's this?

(138) Dr. Karsan has met Ms. Cox, reviewed her medical records, and believes in good faith, exercising her best medical judgment, that a D&E abortion is medically recommended for Ms. Cox.

Oh, that "good faith" only extends to a recommendation. She chickened out and wouldn't commit to--

(139) It is also Dr. Karsan’s good faith belief and medical recommendation that that the Emergent Medical Condition Exception to Texas’s abortion bans and laws permits an abortion in Ms. Cox’s circumstances, as Ms. Cox has a life-threatening physical condition aggravated by, caused by, or arising from her current pregnancy that places her at risk of death or poses a serious risk of substantial impairment of her reproductive functions if a D&E abortion is not performed.

So Karsan literally used all the magic words from the statute except "reasonable." This gives the state Supreme Court license to ignore her recommendation, revoke her legal protection, and send her employer a threatening letter about how she's still risking their accreditation. All while insisting that "Only a doctor can exercise 'reasonable medical judgment'."

The state has all the initiative. It can decline most challenges by waffling on phrasing. It doesn’t need to prosecute anything that isn’t a slam dunk because it’s satisfied with the chilling effect. So any challenge has to come from a woman who is sympathetic enough to win, but not so sympathetic that the state sees the writing on the wall and declines. That makes an already-small pool even smaller.

Is that true? From the judge’s order

Dr. Karsan…believes in good faith, exercising her best medical judgment, that a D&E abortion is medically recommended for Ms. Cox and that the medical exception to Texas’ abortion bans and laws permits an abortion in Ms. Cox’s circumstances.

This is quoting from the complaint. The Supreme Court insists that “believing the medical exception applies” isn’t good enough. It has to actually apply, and the only way to find that out is to risk going to court.

The chilling effect isn’t invented. Karsan’s employer wouldn’t let her do the procedure without a court order. She secured the order. Then Paxton unsecured it. Also, he tweeted a letter to said employer, reminding them that they were very definitely not safe from prosecution. What was she supposed to conclude?

That’s a chilling effect for you.

Compare gattsuru’s posts on ATF ambiguity. They don’t have to shoot every dog to remind people that dog-shooting is, in fact, on the table.

Wasn’t the Kate Cox case about infertility? It used the “substantial impairment” part of the exception rather than “danger of death.” If her doctors and judge agreed on medical necessity, the law remained intact.

After reading the decision more completely, I don’t think routine error applies to the OP’s cases. They’re about complications or perverse results from Texas doctors denying care for fear of liability. The women then either sought abortions out of state or carried the fetus until its death was unambiguous.

Routine error was a possibility for Nara’s original case, but an unlikely one. Based on this survey of adverse events due to abortion pills between 2000 and 2019, Ms. Thurman had a 20/2660 = 0.7% chance of death after her adverse event. On the other hand, all 20 of those were more or less ignored, right? So neither likely nor publicized.

It’s mentioned in the decision, at least.

The Republicans shook off their policy wonks and status-quo enthusiasts in favor of idpol, populists, and shameless accelerationists. Is that really encouraging regarding the Democrat response?

Is there anything a leftist could say that wouldn’t invite you to post like this?

I keep hearing radio ads for “California Psychics.” I totally believe they’re less useful than AI.

Maybe your sample just isn’t representative? I don’t know anyone who claims their life turned around after confession, either, but that doesn’t mean it can’t happen.

Intuitively, it’s got to be pretty high, right? New restrictions shouldn’t be causing more abortions; at worst, they’re moving safe procedures to unsafe ones. The main suggestion I’ve seen is causing women to resort to mifepristone instead of a surgical abortion, but that’s not what generates late-term outrage bait.

What are you talking about? I can’t tell what you’re claiming is malpractice. And what does it have to do with Jews?

The “recruiting” rule is some combination of that plus the 4chan “not your personal army” thing.

I think your edits look good. Thanks!

Still on Castles of Steel. It’s more tense than I expected, and for surprising reasons. Everyone going into the war expected Britannia to rule the waves. Everyone today knows that Britain did, in fact, keep control of the sea, and obviously went on to win the war. The tension comes from all the disasters along the way.

The child’s model of naval warfare starts with two piles of ships, which are dashed against each other until one side is out of hit points. Both British and German strategies were chosen according to sophisticated versions of such a model, which agreed that the British would dominate an open fight on account of having more ships. In theory, Germany would only accept lopsided fights against smaller elements of the British navy, relying on torpedoes and mines to level the playing field. The British, then, had a veto on any German naval operations so long as they could avoid throwing it away.

And by God, they tried their best. Poor training, executive meddling, insane deployment orders—the British continually courted disaster. They had a near-perfect intelligence advantage thanks to lucky recovery of German codes, but they repeatedly failed to actually use it. When they did manage to engage the enemy, their gunnery was generally unimpressive, and tactical errors kept them from dealing crippling damage. Meanwhile, Germany kept trying operations which should have been suicide. Everyone on both sides thought they’re trying heroic maneuvers and devious plans, and but they're really risking everything for minimal gain, often playing exactly into enemy hands. The net results were unbelievable quantities of metal, coal, and human lives sent up in flames.

So the book is tense. Everything has to end in stalemate or disaster, and the question is usually who made the fatal mistake this time. That doesn’t detract from the overall experience. I want to recommend this book to anyone who wants to know more about the period. I also want to wave it in the face of anyone promoting an elaborate strategy for, well, anything. No plan survives contact with the enemy.

Jim is an idiot who has to position himself as the edgiest guy in the room. I don’t understand why you find him credible.

Are you in the American cultural umbrella? Martin Luther did a number on the concept, but it definitely still comes up, mostly as a strategy for recruiting nonbelievers.

My girlfriend pitched the latter to me after she finished it. I decided it sounded incredibly stressful.

Can’t remember where I first heard it. It wasn’t Watchmen. Probably either English class or one of those Egypt-adjacent kid’s books.

Everybody's got a bomb
We could all die any day, aw
But before I'll let that happen
I'll dance my life away, oh-oh-oh

They say, 2000-00, party over
Oops, out of time
We're runnin' outta time
So tonight we gonna party like it's 1999

I dunno, I think the sentiment is pretty clear.

In addition to what @bonsaii observed about being first—it was also the most accessible to the U.S. following the war. While we were bombing Korea and refusing to talk to China, we were actively occupying Japan. While we were bombing Vietnam and trying to get an in with China, we were still using and trading with Japan. By the time we had regular relations with the majority of East Asia, Japan was coming into its own electronics and heavy industry, securing its position in the West-dominated economy. That’s when tourism really started to take off.

The people making this meme don’t think he’s “slightly less hawkish.” They think he’s outright sympathetic to Putin and will explicitly, not just effectively, lead to Ukrainian defeat. Hence side-switching and not, I dunno, kicked for griefing.

Also, I don’t think anyone says he’s “literally in bed with dictators.”

Next thing you know, they’ll be appointing antivaxxers and naming departments after crypto.