“Why was Roe v Wade decided, when Roe had already had her baby and thus had no justiciable case according to the criteria you’re talking about?”
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That’s a good question, and it was addressed directly in the decision:
“The usual rule in federal cases is that an actual controversy must exist at stages of appellate or certiorari review, and not simply at the date the action is initiated ... (citations omitted)
“But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness.”
“Our law should not be that rigid”.
I rest my case.
“But when, as here, pregnancy is a significant fact in the litigation, the normal 266-day human gestation period is so short that the pregnancy will come to term before the usual appellate process is complete. If that termination makes a case moot, pregnancy litigation seldom will survive much beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Pregnancy often comes more than once to the same woman, and in the general population, if man is to survive, it will always be with us. Pregnancy provides a classic justification for a conclusion of nonmootness.”
Why do some of us accept this blatant double standard while our nation is being torn apart? Why do not we insist on using the same logic that they always use do to promote their socialist agenda. Here is an example .... READ ON>>>>>
But when, as here, an election result for President is a significant fact in the litigation and the normal election cycle is so short that the winner will come to term before the usual appellate process is complete. If such a result is beyond the trial stage, and appellate review will be effectively denied. Our law should not be that rigid. Elections for the highest office in the land effect the foundation of the our nation. If our republic is to survive, eligibility requirements and the rule of law will always be with us. This action provides a classic justification for a conclusion of nonmootness.”