BREAKING NOW **ABC REPORTING THEY'VE LEARNED BUSH WILL NOMINATE ALBERTO GONZALES FOR AG POSITION

ABC local network | 11-10-04

[FITZ]

3 judges dissented -- so what are you accusing them of?

[Luis Gonzalez]

Being wrong.

[PersonalLiberties]

Devil's Advocate here :-) well, because gee she is so MATURE that she was having unprotected sex and does not WANT her parents to know about it. Golly Gee, so she'll just get an abortion and have to live with that the rest of her life rather than have her parents angry with her. .

[Luis Gonzalez]

"The minor had testified that her father was "an alcoholic, that in the past he has gotten intoxicated, overreacted, and taken anger over the children out on her mother and 'become physical' with her mother." 19 S.W.3d at 307."

Of course, you would rather see the welts and bruises.

[FITZ]

Yes --- even an ear piercing cannot be done without parental consent. But something that can destroy a child's health and mental well-being can be done --- completely bypassing the parents.

The decision by the Texas Supreme Court was stupid --- if parents are physically abusing their children --- that should be against the law. But let a child stay with a physically abusive alcoholic father --- just do abortions on her behind his back --- all is fine. It would seem that he should have been convicted of child abuse if he really did abuse his kids.

[Luis Gonzalez]

The law sets the standard, and the Judges grant opinions according to the strict, self-evident wording of the law. Anything beyond that is activism.

Change the law, and set more stringent qualifications for a judicial bypass, or eliminate it altogether, but do it in the Legislature.

[Luis Gonzalez]

Change the law then, but don't ask Judges to, ask the legislature.

[Luis Gonzalez]

"Golly Gee, so she'll just get an abortion and have to live with that the rest of her life rather than have her parents angry with her."

Second standard set by the Texas legislature, sufficiently well informed to make a decision.

She knew that she would have to live the rest of her life with her decision, thus satisfying the second standard for a judicial bypass.

[Luis Gonzalez]

"Yes --- even an ear piercing cannot be done without parental consent."

The Texas Parental Act does not require parental/guardian consent for an abortion, just notification.

Take it up with your elected legislature.

[PersonalLiberties]

As I read this it was gov. Bush's intention that the court set the guidelines. I do NOT agree with this but it was how the legislation was written, so the judges did have reign in this instance. So, they should have sent that act right back to him and tell him it was not their job to write legislation. But as you see that is NOT what they did either.

[Luis Gonzalez]

They opined in accordance to the strict, self-evident letter of the law. It's not for them to throw laws back at legislatures and commanding them to re-write them, unless these laws are in clear violation of the strict, self-evident wording if the Constitution.

Throwing laws back at legislatures and asking the to re-write them according to Judges wishes is how we ended up with legal same-sex marriage in Massachusetts.

[PersonalLiberties]

"he went along with the curious provision that assigned to the Supreme Court the authority to write the guidelines rather than spelling them out in the legislation."

[Luis Gonzalez]

That's an opinion, the guidelines are clearly written into the law.

[Luis Gonzalez]

"The court may grant her request if the minor is able to establish she is mature and sufficiently well informed to make the decision to have the abortion without telling her parent or guardian."

[PersonalLiberties]

I need to go, but it is wishy washy at best "May" "if" "Mature" "sufficiently" What is mature what is sufficient? These were left up to the court to decide and were not defined in the legislation. Then after that "the court may grant her request" Even then it is up to the court. There is no requirement the court grant her request.

[PersonalLiberties]

Not exactly as you say "clearly written law." Instead a law that ENCOURAGED judicial intervention and Gonzales was willing to comply.

[Luis Gonzalez]

If the legal age of consent in Texas is 17, which it is, then mature has already been established by law.

[PersonalLiberties]

It they meant legal age they would have said so. Heck, if they were of legal age then this would not be an issue. We are talking about minors. "Mature" is NOT defined. BUT playing by your rules, since one is not mature unless 17, then no one under the age of 17 in Texas should be granted an abortion without the notification of their parents. Then you are arguing that Gonzales interpreted the law incorrectly? Since, you like to ask questions I ask you why do you think Alberto Gonzales is the most qualified for the AG?