January 18, 2006

SCOTUS Abortion Ruling In NH

Remember last week when the Senate Democrats were praising Sandra Day O'Connor as the thoughtful "moderate" swing vote on the Supreme Court who would be sorely missed? Well I wonder what they have to say about her now.

Despite reservations, the Court just ruled to affirm a NH "parental consent" law. O'Connor, on behalf of the Court, wrote that getting in the middle of this matter "may call for a far more serious invasion of the legislative domain than we ought to undertake".

Essentially, the Court dodged the issue by telling the lower courts to look at it again. But in the meantime, they ruled that the same lower court could not block the law that requires a parent to be notified when a minor daughter seeks an abortion.

The real irony here is that the plaintiff is seeking to have the law overturned on the grounds that it conflicts with Roe v. Wade, a decision that many legal scholars contend is itself a "serious invasion of the legislative domain."

Posted by: Gary at 03:00 PM | No Comments | Add Comment
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