Monday, October 31, 2005

Alito for SCOTUS

Judge Samuel Alito has been named as the next nominee to the Supreme Court. Already there is a hue and a cry over his Casey decision. Bench Memos posts the statute here. It basically reads a woman must inform her husband of her plans for an abortion before she does it. Sounds like common sense right? "But wait!" you say, "what if her husband is abusive?" Well let's look at the exemptions to the notification laws:

(b) EXCEPTIONS. — The statement certifying that the notice required by subsection (a) has been given need not be furnished where the woman provides the physician a signed statement certifying at least one of the following:

(1) Her spouse is not the father of the child.

(2) Her spouse, after diligent effort, could not be located.

(3) The pregnancy is a result of spousal sexual assault as described in section 3128 (relating to spousal sexual assault), which has been reported to a law enforcement agency having the requisite jurisdiction.

(4) The woman has reason to believe that the furnishing of notice to her spouse is likely to result in the infliction of bodily injury upon her by her spouse or by another individual.

Such statements need not be notarized, but shall bear a notice that any false statements made therein are punishable by law.

(c) MEDICAL EMERGENCY. — The requirements of subsection (a) shall not apply in the case of a medical emergency


Notice is not permission and there isn't even a fine line between the two, no matter how NOW and Planned Parenthood howl. Unlike with parental notification laws, there is no suggestion that this inhibits in anyway choice. A woman could declare her intent and thumb her nose at the co-creating partner and still fulfill the law. Availibility is not the issue. What pro-abortion lobbyists don't want anyone to do is have a "cooling off period" or anything that might confront the woman with the moral implications of her actions; like talking over a course of action with the other person intimately involved in the decision.

Jeff Goldstein has a roundup from the left side of the fence.

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