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Summary of Partial-Birth Ruling
bench.nationalreview.com ^ | 4-18-2007 | Ed Whelan

Posted on 04/18/2007 9:09:18 AM PDT by bedolido

Summary of Partial-Birth Ruling: Ginsburg’s Dissent [Ed Whelan]

The press of business compels a very quick summary of Justice Ginsburg’s dissent (which is full of fiery rhetoric):

The Court’s decision refuses to take Casey and Stenberg seriously. A health exception is necessary. The Court blurs the line between pre-viability and post-viability. Its holding regarding facial challenges is inconsistent with precedent. The only redemptive feature of the opinion is that as-applied challenges may proceed.

(Excerpt) Read more at bench.nationalreview.com ...


TOPICS: Culture/Society; Editorial; Government
KEYWORDS: case; partialbirth; ruling; summary
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1 posted on 04/18/2007 9:09:19 AM PDT by bedolido
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To: bedolido
Justice Ginsburg’s dissent

Rudy's ideal judge.

2 posted on 04/18/2007 9:11:02 AM PDT by madprof98 ("moritur et ridet" - salvianus)
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To: madprof98

She was awake?


3 posted on 04/18/2007 9:14:00 AM PDT by hsalaw
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To: bedolido

Rush going over this now. Since the Chief Justice selects the justice to write the opinion, why did he select Kennedy?


4 posted on 04/18/2007 9:15:36 AM PDT by LS (CNN is the Amtrak of News)
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To: LS

Funny that the CJ did not recuse himself, being catholic and all, he really did not have a choice in the matter.


5 posted on 04/18/2007 9:25:40 AM PDT by epluribus_2
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To: epluribus_2
Funny that the CJ did not recuse himself, being catholic and all, he really did not have a choice in the matter.

What a bizarre thing to say.

6 posted on 04/18/2007 9:26:46 AM PDT by Petronski (FRED!)
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To: Petronski

I think epluribus2 was being sarcastic


7 posted on 04/18/2007 9:37:34 AM PDT by Titus Quinctius Cincinnatus (A member of the Frederalist Party)
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To: bedolido
The Court blurs the line between pre-viability and post-viability.

You mean, the artificial line that some self-important and calloused demagogues in black robes articulated and expected the Creator of babies to accept? That line?

When you're sitting in the fires of hell, Ruth, make sure you're very loud when you articulate that line again.

8 posted on 04/18/2007 9:39:34 AM PDT by mikeus_maximus (Abort Rudy.)
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To: bedolido
From Mr. Whelan's summary:

It [the Act] provides doctors of ordinary intelligence a reasonable opportunity to know what is prohibited,

Who wants a doctor of below-ordinary intelligence?

9 posted on 04/18/2007 9:42:34 AM PDT by Tax-chick ("There is no such thing as death for a Christian who believes in the Resurrection." ~ Fr. Ho Lung)
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To: Tax-chick

One piece at a time - an this will stop. But this is the lefts sacrament.


10 posted on 04/18/2007 9:44:40 AM PDT by reefdiver (The sheriff of Nottingham collected taxes on behalf of the common good)
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To: reefdiver

I agree.


11 posted on 04/18/2007 9:51:36 AM PDT by Tax-chick ("There is no such thing as death for a Christian who believes in the Resurrection." ~ Fr. Ho Lung)
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To: epluribus_2
Funny that the CJ did not recuse himself, being catholic and all, he really did not have a choice in the matter.

Can we exclude the liberal justices if they have ever had an abortion (Ginsburg) or paid for an abortion (Souter, Stevens, Breyer)? Do tobacco using Justices recuse themselves in cigarette cases? Do real-estate owning justices recuse themselves in property disputes?

12 posted on 04/18/2007 9:58:44 AM PDT by Mr. Brightside
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To: LS
Rush going over this now. Since the Chief Justice selects the justice to write the opinion, why did he select Kennedy?

I am guess that Kennedy would only sign on if he got to write it and make it as narrow of a ruling as possible.

13 posted on 04/18/2007 9:59:59 AM PDT by Always Right
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To: reefdiver

Nearly all abortions are blood sacrifices to the pagan god, Molek—just like in ancient times.


14 posted on 04/18/2007 10:03:25 AM PDT by DallasDeb
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To: bedolido

No one mentions that you have to arrange” a “breach birth” then go to a partial birth” abortion. It would be against medical “ethics” to carry the arranged breach birth to a full delivery. This is why they must pierce the scull before it comes out. Right? So much for ethics.


15 posted on 04/18/2007 10:05:09 AM PDT by Waco
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To: epluribus_2

Um, all five of the justices who voted the right way are Catholic.


16 posted on 04/18/2007 10:31:12 AM PDT by LS (CNN is the Amtrak of News)
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To: reefdiver; Tax-chick
Indeed it is. And there are already some here on FR saying that this decision just handed the White House to Hillary, and that the GOP needs to run a pro choice candidate.

Interesting times.

17 posted on 04/18/2007 10:31:26 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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To: Always Right

Except as Justice Clarence Thomas EMPHATICALLY told us, there is ZERO discussion before hand of votes, opinions, or even who writes them. The CJ listens to all votes, then assigns someone. Thomas told us that the whole process rarely takes more than 15 minutes.


18 posted on 04/18/2007 10:32:19 AM PDT by LS (CNN is the Amtrak of News)
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To: redgolum
some here on FR saying that this decision just handed the White House to Hillary, and that the GOP needs to run a pro choice candidate

I'd call that insane.

19 posted on 04/18/2007 11:06:27 AM PDT by Tax-chick ("There is no such thing as death for a Christian who believes in the Resurrection." ~ Fr. Ho Lung)
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To: Tax-chick

http://www.freerepublic.com/focus/f-news/1819286/posts

Take a look. Go to the end of the lists.

Many here are not happy about it.


20 posted on 04/18/2007 11:07:55 AM PDT by redgolum ("God is dead" -- Nietzsche. "Nietzsche is dead" -- God.)
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