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Culture War Roundup for the week of August 14, 2023

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Texas tries to put Planned Parenthood out of business again(and might succeed this time)

https://www.texastribune.org/2023/08/15/texas-abortion-planned-parenthood-lawsuit/

Last year, the state filed a federal lawsuit claiming Planned Parenthood improperly billed Medicaid for $10 million in payments during the period when the state was trying to remove the organization from the program.

Texas is seeking more than $1.8 billion in reimbursement, penalties and fees.

So Texas wants to lawfare Planned Parenthood out of being able to operate. This isn't new. What is new is this part:

U.S. District Judge Matthew Kacsmaryk, a conservative who previously worked on anti-abortion cases as a religious liberty lawyer, will hear arguments from both sides today in Amarillo.

"A conservative who previously worked on anti-abortion cases as a religious liberty lawyer" is a technically accurate description of Matthew Kacsmaryk. It is, however, leaving out the context that was the judge who suspended FDA approval for mifepristone, had only previously worked for conservative activist groups, and also got handpicked by the plaintiffs. There is a 0.0% chance he will rule in favor of Planned Parenthood under any circumstances.

So what's the practical effect?

The 2022 lawsuit, filed by Paxton before he was impeached this year, argues that Planned Parenthood erred by not appealing the initial termination through administrative channels and instead pursuing the case through the courts.

Though they’re seeking to claw back $10 million in payments, they’ve asked the judge to order Planned Parenthood to pay an additional two times that value, plus civil penalties and interest from the day the payment was billed as well as expenses, costs and attorneys fees.

The estimated $1.8 billion payment would likely bankrupt Texas’ three Planned Parenthood affiliates several times over at a moment the organization argues they are needed more than ever.

So basically similar to what New York tried with the NRA. It should go without saying that while I find Planned Parenthood an unsympathetic defendant, this would not be happening to a less politically charged organization and 180 times the overbilling amount is just absurd. Also the legal interpretation seems dubious and probably would've been dismissed by a less biased judge.

I do want to point out some incredible naivety:

“Our organization knows we always have to be making decisions that are the most ethical and the most compliant with any rule or regulation out there, so it just felt like a great injustice,” she said. “I had hoped that if you play by the rules and do the right thing, it will turn out right, but that’s not the case.”

PP is, uh, not going to get left alone in the culture wars, and that's their fault for constantly making themselves a target in every way they can come up with. It's fair to point to people who don't have access to whatever healthcare services they provide(do they actually provide mammograms? The claim seems debunked but the people who did the debunking are not fans of PP) but trying to paint Planned Parenthood as an innocent victim of broadsides unleashed for no reason, even if it's playing pretty hardball, is not totally in contact with reality. Planned Parenthood is not in any universe apolitical and their side did after all start the trend of trying to punish the opposition.

I had hoped that if you play by the rules and do the right thing, it will turn out right, but that’s not the case.

Nobody actually thinks this, not in the middle of the culture war that now encompassed law enforcement and legal system completely. It's just performative posing. There still might be a-political law hiding somewhere, deciding disputes among neighbors about a bush of raspberries, or trying to figure out who is to blame when contract about shipping gadgets is violated. But not in cases that concern high-value hyper-politicized targets. The Party of Lawyers started it - hoping to win it, because who wins in lawfare if not lawyers? - and now it is on. And I don't see how it could be turned off in any near future. I mean, if blue tribe strikes at NRA, why shouldn't the red tribe retaliate against blue tribe assets? If they don't, they'd just keep losing until their voters get fed up and elect somebody who will stop the chain of losses. How else could it go? In an environment where organizations are encouraged to become tribal (not that PP ever wanted to avoid it, but even if you want to, it'd be very hard to keep out) that's what will keep happening. And the nice ideals would get the treatment the ideals usually get in the middle of the war.

I actually think this!

Perks of being a white, white-collar, [REDACTED FOR PATHETIC OPSEC] man. I do, in fact, get to benefit from playing by the rules. People all around me do, too. We get to pay our taxes and submit our DMV paperwork and make all these daily, personal sacrifices, and in return, we get to live in a functional society. There, I said it. America isn't perfect, but it is the best in the world.

I'll even go as far as to say I see most Americans as benefiting from following the rules. Even those who loudly insist that they're being oppressed. Whatever group you think I mean by this--flip the polarity, and I mean them too.

Perhaps I shouldn't be surprised that you can't find these people. You've blocked me. If you've built yourself a bubble where everyone is miserable and terrified and kept down by the Man...well, I think you're missing out.

There, I said it. America isn't perfect, but it is the best in the world.

If you define best by combination of 'business opportunity/ materiál riches', yes, America is best in the world. If you're a smart, canny person who wants to make a huge pile of money, you're better off in US.

If you went by say, life outcomes for the median person, developed places in Europe or East Asia are far better.

You guys have had a million die from drug overdoses in the last decade. You have crazy crime rates, life expectancy declining, people afraid to be in public.

Your fatal OD rate is 20x EU.

Etc.

If you went by say, life outcomes for the median person, developed places in Europe or East Asia are far better.

You guys have had a million die from drug overdoses in the last decade. You have crazy crime rates, life expectancy declining, people afraid to be in public.

We've got 330 million people. A million deaths in 10 years isn't even coming close to affecting the median.

The revealed preference, despite our terrible immigration system, is that more people want to immigrate to the US than emigrate from it, for almost any country.

[America has] 330 million people. A million [drug overdose] deaths in 10 years isn't even coming close to affecting the median.

Of course the median American didn't die from a drug overdose in the last decade. But if knowing a drug addict is to be affected, then I suspect the median American has indeed been affected by drug abuse.