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Court Taking Up Abortion Notification (Supreme Court Takes Abortion Case)
MyWayNews ^ | May 23, 2005 | HOPE YEN

Posted on 05/23/2005 8:50:09 AM PDT by Asphalt

WASHINGTON (AP) - The Supreme Court, re-entering the politically charged abortion debate, agreed Monday to hear a state appeal seeking to reinstate a law requiring parental notification before minors can terminate their pregnancies.

Justices will review a lower court ruling that struck down New Hampshire's parental notification law. The Boston-based 1st U.S. Circuit Court of Appeals said the 2003 law was unconstitutional because it didn't provide an exception to protect the minor's health in the event of a medical emergency.

The decision to review the emotional case, which came amid wide speculation that Chief Justice William H. Rehnquist's retirement is looming, will be heard in the next term beginning in October. Liberal groups have vowed to fight any Rehnquist replacement who opposes the high court's landmark 1973 decision legalizing abortion.

In their appeal, New Hampshire officials argued that the abortion law need not have an "explicit health exception" because other state provisions call for exceptions when the mother's health is at risk. They also asked justices to clarify the legal standard that is applied when reviewing the constitutionality of abortion laws.

The New Hampshire law required that a parent or guardian be notified if an abortion was to be done on a woman under 18. The notification had to be made in person or by certified mail 48 hours before the pregnancy was terminated.

In its last major abortion decision in 2000, the Supreme Court ruled 5-4 that state abortion laws must provide an exception to protect the mother's health. Justices at the time reasoned that a Nebraska law, which banned so-called "partial-birth" abortions, placed an "undue burden" on women's abortion rights.

Since then, several lower courts have applied that health exception to abortion laws requiring parental notification. The New Hampshire case challenged whether the Supreme Court's 2000 ruling actually required that.

Abortion laws are "entirely different than parental involvement laws, which obviously do not purport to ban abortions, but simply seek to promote the interests of minors in having the benefit of parental involvement," New Hampshire legislators wrote in a friend-of-the-court filing.

Earlier this year, justices declined to hear a challenge to the landmark Roe v. Wade ruling by the woman known as "Jane Roe" who was at the center of the historic case.

It also declined to consider reinstating an Idaho law requiring girls under age 18 to get parental consent for abortions except under the most dire of medical emergencies.

The latest case is Ayotte v. Planned Parenthood, 04-1144.


TOPICS: Constitution/Conservatism; Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: abortion; judiciary; parentalnotification; scotus
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To: Mark in the Old South; yama426; Darksheare
This isn't about freedom and you know it.

sure It is. Abortion is about the favorite liberal freedom of all. It is the freedom to be completely irresponsible.

The right time to choose is when the panties are still in place.

41 posted on 05/23/2005 10:24:14 AM PDT by grellis (Will zot for cowbells)
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Comment #42 Removed by Moderator

To: grellis
Re: "The right time to choose is when the panties are still in place."

Alas far too many think of panties as the perfect ankle accessory.
43 posted on 05/23/2005 10:29:11 AM PDT by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: Mark in the Old South

Care to weigh in on Sun Hudson?

http://www.google.com/search?sourceid=navclient&ie=UTF-8&q=sun+hudson

Looks to me like your the one advocating murder.

Youd be someone who said a stillborn child was alive I guess then.

Before you start throwing flames you might want to do some research on just how many kids starve to death every year.

But its oh so much easier to blame the libertarian, isnt it?


44 posted on 05/23/2005 10:32:27 AM PDT by yama426 (91 octane)
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To: Tarheel1

The parents are liable for all medical and psychiatric care that the girl will need afterward. They'll also be responsible to get her to a doctor once they realize how much she's bleeding (perhaps to death). You'd better believe it IS their business.


45 posted on 05/23/2005 10:38:52 AM PDT by katieanna (My Redeemer Liveth!)
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Comment #46 Removed by Moderator

To: yama426
Re: "Sun Hudson"

Don't know him.

Re: "Looks to me like your the one advocating murder."

Your facts to support this assertion as to what I support is .........? I am waiting....... so far I see nothing to support your assertion.

Re: "Youd be someone who said a stillborn child was alive I guess then."

Again your facts to support this is......? Again I see nothing to support your claim about my thinking on this.

Re: "Before you start throwing flames you might want to do some research on just how many kids starve to death every year."

Can I gather from the above you believe the 1.5 million abortions performed in this country each year is to prevent the starvation of a like number. Perhaps it is all the fat kids stealing their lunch money. I am having a hard time taking you seriously.
47 posted on 05/23/2005 10:41:38 AM PDT by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: Tarheel1

How do you know that?
Have you any idea how many women cannot have children after they've had abortions because their bodies are damaged beyond repair?
Abortion is just what the term implies: it is an aborting of the natural order of things. After conception, gestation and birth are to follow. If the body cannot sustain the pregnancy due to physical abnormalities, it will eject the fetus on its own (miscarriage).


48 posted on 05/23/2005 10:45:46 AM PDT by katieanna (My Redeemer Liveth!)
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Comment #49 Removed by Moderator

To: Tarheel1

That's a curious position. Contracts are legal, but minors can't enter into them. When I go away from home, leaving my minor child in the care of his older siblings who are legal adults, I need to leave legal release authorizing his older siblings to seek medical care, otherwise, except for life-threatening circumstances, physicians are forbidden to treat him under existing laws.

The argument for the invalidation of anti-abortion laws was based on some notion (speciouly drawn from the Constitution by a kind of mystical 'reasoning') that the state ought not intrude on the privacy of citizens to enforce uniform judgements about such matters as when life begins. Giving the judgment of those matters to parents in the case of minors is in accord with a great deal of statutory and case law, and (unfortunately) contrary to the howls from the left would not really do anything to 'overturn' Roe.


50 posted on 05/23/2005 10:47:37 AM PDT by The_Reader_David (Christ is Risen! Christos Anesti! Khristos Voskrese! Al-Masih Qam! Hristos a Inviat!)
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To: Tarheel1
Re: "I'm sure she'd bleed less from that and have less damage, than if she'd have used the good ol' coat hanger."

Most likely but your claim does not reflect a change in behavior as a result of different laws. When abortion was illegal there was nowhere near 1.5 million deaths from back ally abortions. In fact the improvement in medicine (antibiotics etc) made deaths from illegal abortion (not counting the child of course) comparable to the deaths today from legal abortion. The argument that legal abortions saves the lives of adult women is fraudulent at best dishonest at worst.

Ironic isn't it that when abortion was illegal great strides were made in saving the lives of murdering women but for the last 35 years that abortion has been legal very little improvement in saving her life has been made.

Nature has a justice all its' own.
51 posted on 05/23/2005 10:49:47 AM PDT by Mark in the Old South (Sister Lucia of Fatima pray for us)
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Comment #52 Removed by Moderator

To: Tarheel1

This is not a laughing matter.

I am writing expressly about abortions performed by so-called "medical professionals". These poor girls go into clinics for, in some cases, what they believe will be counselling and guidance, and wind up being rushed into an abortion before they know what hit them.

There is no follow-up with these "doctors". They collect their money and they have no further contact with the patient.

Grellis asked you if you are a parent and I don't recall your answer. I take it you are not, for you do not sound like one.


53 posted on 05/23/2005 10:52:54 AM PDT by katieanna (My Redeemer Liveth!)
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To: yama426
I guess well have to agree to disagree. If you can manage a car on our highways when you are 16 then to me you can manage your own body, but see above, Im all about too much freedom according to some.

It's not that you're all about freedom. Even the 16 year old driver is under the supervision of parents.

But if this is really about choice and freedom... then let's give the guys the choice and freedom to be part of the decision. Or the choice and freedom to decide if they are financially liable or not for the next 18 years. And let's extend this choice until the baby is ... say age 2. By the time it's 2 then a real determination can be made if the thing is dumb, or smart, good looking or not.... or if the mother is really going to like being a mom or not. Or if the dad is really going to want to care for the kid.

You're not really about choice or freedom. You're about women killing their own babies. That's your bottom line. And unfortunately our government uses mine and your tax dollars everyday in this process. And if I'm going to pay for it... then the choice is part mine too.

54 posted on 05/23/2005 11:08:46 AM PDT by kjam22
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To: yama426
You say in the main so I guess well disagree about when a person reaches adulthood.

I'd like to have the age at 18, but would settle for 17, for this particular question.

55 posted on 05/23/2005 11:13:19 AM PDT by gridlock (ELIMINATE PERVERSE INCENTIVES)
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To: Tarheel1
Re: "FWIW I would like to see Roe overturned. Like most issues, I think this one best left up to the states."

Correct me if I am wrong but you are the one who made the coat hanger references, correct? Those kind of statements lead one to conclude you are an opponent of back ally abortions that most likely WILL occur if abortions are rendered illegal. You can not be for state authority on this matter without accepting that some states will elect to outlaw abortions. These two positions are not compatible.

I fear your position is not based on real thought on the matter but "I think" which rarely goes with real thought in modern America. I am having trouble taking you seriously. You reminded me of the girl I knew who was quiting her job at the abortion clinic because she could not stand working there. The "reasons" the women had abortion weighed on her mind, she couldn't take it any more. She did not know my views when I asked her (because after all she had hands on experience) "In your opinion do you think abortion kills a life?" Thinking she was among like minded people she answered "Yes it was killing the baby" Yet she still wanted abortion legal. Amazing, simply amazing.

To think people claim they do not know how well meaning Germans allowed the gassing of the Jews. I know how. They are no where near as well meaning as they like to think.
56 posted on 05/23/2005 11:31:36 AM PDT by Mark in the Old South (Sister Lucia of Fatima pray for us)
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To: kjam22

Not really Im more about choice and personal responsablity.

Your point about a 16 year old being under adult supervision I dont understand. If they are driving in their car alone are their parents still responsable for their actions or should the kid be?

We could say the same thing about any item in the budget. The USS Sequoia being in the budget was okay with you then? A yacht that was sold off in the 70s but just got bought again?

My ideal as a libertarian is to give people the rights to choose whatever they want to. I dont think you should make a decision for others but you seem to want to. To me a clump of cells isnt a human life.

If your going to go all balistic about this abortion stuff then why dont you tell me how you feel about Sun Hudson. Heres a living baby that was killed!

http://www.google.com/search?sourceid=navclient&ie=UTF-8&q=sun+hudson

Its hypocracy to say Im about killing babies in the womb (they arent even babies IMO) when laws are now in place to kill off living babies and you dont even mention that.


57 posted on 05/23/2005 11:33:46 AM PDT by yama426 (91 octane)
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To: gridlock

Yeah its a tough one.

Im curious if you think alcohol should be 21 or if across the board it should be a certain age.


58 posted on 05/23/2005 11:35:00 AM PDT by yama426 (91 octane)
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To: yama426
To me a clump of cells isnt a human life.

Then where did you come from, FRiend?

59 posted on 05/23/2005 11:37:34 AM PDT by Tax-chick (I'm a shallow, demagoguic sectarian because it's easier than working for a living.)
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Comment #60 Removed by Moderator


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