Wednesday, April 18, 2007

Bad legal news

DoJ: Democrats, Moderates, Liberals need not apply.

DoJ decided to fire a 16-year veteran attorney after a 90-second review. When questioned by Congress they brainstormed for reasons.

Abortion ban upheld on shaky legal reasoning. Regardless of your opinions on this procedure, the Supreme Court language is the worst legal reasoning since the 2000 political decision stopping the recount in Florida. BTW, All Catholics on the Supreme Court voted for the ban, all non-Catholics against it.
Writing for the majority in Wednesday's decision, Justice Anthony Kennedy said the lack of a health exception does not automatically render the statute unconstitutional. "Whether the act creates significant health risks for women has been a contested factual question," he writes. "Both sides have medical support for their position."

Instead of a theoretical "facial" attack on the law, the court said such issues should be resolved in individual cases testing how the partial-birth abortion ban act was being applied to a particular woman.

"In an as-applied challenge the nature of the medical risk can be better quantified and balanced," Justice Kennedy writes.

He noted, "The prohibition in the act would be unconstitutional, under precedents we assume to be controlling, if it subjected women to significant health risks."
ADDED - Late term abortion - one women's story. Why is the government involved in this heart-breaking decision?
I wrote my doctor a long thank-you note on my good, wedding stationery. I thanked him for his compassion and his kindness. I wrote that it must be hard, what he does, but that I hoped he found consolation in the fact that he was helping vulnerable women in their most vulnerable of times. He keeps my note, along with all the others he's received, in a large bundle. And he keeps that bundle right next to his stack of hate mail. They are about the same size.
All of this for a procedure that, as I had linked to before, doesn't exist. There is no such term as a partial birth abortion. That is a made up term someone invented because it made people shudder. This is bad law in so many ways that bans maybe a couple hundred medically necessary procedures performed yearly that now more dangerous procedures will be substituted but thousands of abortions won't be performed at all because you can't clearly tell what the law is trying to ban and doctors and clinics don't want to take the risk.

John Edwards quickly denounced the decision.

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