January 18, 2006

KELLY AYOTTE 1, JOHN LYNCH 0:

Supreme Court Steers Clear of First Abortion Case in 5 Years (AP, 1/18/06)

The Supreme Court ruled unanimously Wednesday that a lower court was wrong to strike down New Hampshire abortion restrictions, steering clear of a major ruling on whether such laws place an undue burden on women.

The opinion was written by retiring Justice Sandra Day O'Connor, a key swing voter at the court on abortion rights.

Justices said a lower court went too far by permanently blocking the law that requires a parent to be told before a daughter ends her pregnancy.

An appeals court must now reconsider the law, which requires that a parent be informed 48 hours before a minor child has an abortion but makes no exception for a medical emergency that threatens the youth's health.

Posted by Orrin Judd at January 18, 2006 10:49 AM
Comments

"The Supreme Court Follows the election returns."

Mr. Dooley

Posted by: Dan at January 18, 2006 10:58 AM

Huh? I just heard NPR reporting that the SC had unanimously ruled that the NH law was unconstitutional. What gives?

Posted by: b at January 18, 2006 11:09 AM

Wishful thinking?

Posted by: Timothy at January 18, 2006 11:11 AM

A hysterical mass mailing from NARAL arrived today. Four full pages of foaming at the mouth about the "far right," "radical right," "right-wing threats," and "radical extremists."

NARAL's take on Justice Alito:

"The stranglehold that the radical right has over Bush's judicial nomination process became chillingly apparent when opposition from the far right forced the withdrawal of Harriet Miers to the Supreme Court in October.

With the nomination of Samuel Alito, Jr., it's clear that George W. Bush is pandering to the far right, and that they won't be satisfied with any nominee who isn't an opponent of Roe v. Wade."

Posted by: curt at January 18, 2006 2:14 PM

Alito won't overturn Roe. Miers would have.

Posted by: Bob at January 18, 2006 2:28 PM

We need to get a grip. Alito will not overrule Roe because we need not do so to stop the death machine.

Turning now to the MSM lies (redundancy alert!) concerning the New Hampshire case, the Court is allowing the lower court to correct its error in invalidating the entire law because of problems with one part of it. It is misleading to state that this case stands for a clear ruling for one side or the other.

The opinion may be found at http://scotus.ap.org./scotus/04-1144p.zo.pdf

I suggest that the opinion does cast doubt on the continues validity of Stenberg v. Carhart, the partial-birth case. Elections have consequences.

Posted by: Lou Gots at January 18, 2006 5:32 PM
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