Smarmy Alligator

Politics, pop culture, and self-deprecation

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This is mildly nauseating to me:

“The panel, in that same ruling, struck down a single provision in the law requiring women to notify their husband’s before they obtained an abortion. Alito dissented from that part of the decision.

Citing previous opinions of O’Connor, Alito wrote that an abortion regulation is unconstitutional only if it imposes an undue burden on a woman’s access to the procedure. The spousal notification provision, he wrote, does not constitute such a burden and must therefore only meet the requirement that it be rationally related to some legitimate government purpose.

‘Even assuming that the rational relationship test is more demanding in the present context than in most equal protection cases, that test is satisfied here,’ he wrote.

‘The Pennsylvania legislature could have rationally believed that some married women are initially inclined to obtain an abortion without their husbands’ knowledge because of perceived problems — such as economic constraints, future plans, or the husbands’ previously expressed opposition — that may be obviated by discussion prior to the abortion.

‘In addition,’ he wrote, ‘the legislature could have reasonably concluded that Section 3209 [the spousal provision] would lead to such discussion and thereby properly further a husband’s interests in the fetus in a sufficient percentage of the affected cases to justify enactment of this measure. . . . The Pennsylvania legislature presumably decided that the law on balance would be beneficial. We have no authority to overrule that legislative judgment even if we deem it ‘unwise’ or worse. ‘”

Or more than mildly nauseating.

Bush Selects Alito for Supreme Court (WP)


Written by laura k

October 31, 2005 at 2:00 pm

Posted in Uncategorized

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