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On Moral Grounds, Some Judges Are Opting Out of Abortion Cases
NY Times ^ | September 4, 2005 | ADAM LIPTAK

Posted on 09/03/2005 6:03:06 PM PDT by neverdem

MEMPHIS - A pregnant teenager went to the grand and imposing county courthouse here early in the summer, saying she wanted an abortion. The circuit court judge refused to hear the case, and he announced that he would recuse himself from any others like it.

"Taking the life of an innocent human being is contrary to the moral order," the judge, John R. McCarroll of Shelby County Circuit Court, wrote in June. "I could not in good conscience make a finding that would allow the minor to proceed with the abortion."

The teenager was in court because Tennessee, like 18 other states, requires minors to obtain a parent's permission before they can have an abortion.

But the state also allows another option. The teenagers can ask a judge for permission to decide for themselves.

Judges, however, are starting to opt out. Other judges of the Shelby Circuit Court have recused themselves like Judge McCarroll, and now, according to one judge, only four of the nine judges on the court hear such abortion applications.

Judges in Alabama and Pennsylvania have also said they will not take such cases.

The actions, similar in some ways to pharmacists' refusal to dispense drugs related to contraception or abortion on moral grounds, have set off a debate about the responsibilities of judges and the consequences of such recusals, including political ones when judges are elected rather than appointed.

Judge McCarroll's decision prompted 12 experts on judicial ethics to write to the Tennessee Supreme Court in late August. The experts called his action lawless and said they feared that his approach could spread around the nation and to subjects like the death penalty, medical marijuana, flag...

(Excerpt) Read more at nytimes.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Extended News; Front Page News; Government; News/Current Events; Politics/Elections; US: Alabama; US: Pennsylvania; US: Tennessee
KEYWORDS: abortion; birthcontrol; courts; familyplanning; judge
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1 posted on 09/03/2005 6:03:08 PM PDT by neverdem
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To: neverdem

If every judge followed this line, every abortion case would go to pro-death judges.


2 posted on 09/03/2005 6:04:39 PM PDT by GretchenM (Hooked on porn and hating it? Visit http://www.theophostic.com .)
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To: GretchenM
Probably so.
We can assume that abortion clinics will soon {or already?} refer patients to lawyers who know how to arrange the outcome.
3 posted on 09/03/2005 6:16:05 PM PDT by labette (A living, breathing, constitution is the model of doublespeak.)
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To: neverdem

Yeah, it's only okay to marry homosexuals.


4 posted on 09/03/2005 6:18:16 PM PDT by mlc9852
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To: neverdem
abortion in the US is on the ropes. it's time to press the advantage.

5 posted on 09/03/2005 6:23:47 PM PDT by the invisib1e hand (we don't need no stinkin' tagline.)
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To: GretchenM

Yes, I'm puzzled by these judges. Why don't they officially rule (unless the girl was forcibly raped) that the fact that she's pregnant demonstrates that she's not capable of making wise decisions about matters involving very serious long-term consequences?


6 posted on 09/03/2005 6:30:30 PM PDT by Tax-chick (How often lofty talk is used to deny others the same rights one claims for oneself. ~ Sowell)
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To: GretchenM
re: If every judge followed this line, every abortion case would go to pro-death judges.)))

Yes. And I like the idea.

7 posted on 09/03/2005 6:35:53 PM PDT by Mamzelle
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To: GretchenM
I guess I'd better add to that...because then we'd know who the pro-death judges are.
8 posted on 09/03/2005 6:37:11 PM PDT by Mamzelle
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To: neverdem

Appoint all these judges to the federal bunch.


9 posted on 09/03/2005 6:54:36 PM PDT by madprof98
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To: madprof98

"bunch" = "bench"


10 posted on 09/03/2005 6:55:04 PM PDT by madprof98
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To: neverdem

bflr


11 posted on 09/03/2005 7:24:53 PM PDT by cgk (We'll have to deal w/ the networks. One way to do that is to drain the swamp they live in - Rumsfeld)
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To: neverdem

Good for these judges. Now if we could just get politicians to call themselves Catholic to inform their consciences as well...


12 posted on 09/03/2005 7:25:20 PM PDT by Unam Sanctam
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To: neverdem

They won't have these problems in Ave Maria, FL. I really think more Christians should establish cities where they can live according to their beliefs. Let the ungodly keep to themselves in their own cities, like Sodom and Gomorah.


13 posted on 09/03/2005 7:28:58 PM PDT by kittymyrib
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To: neverdem

They won't have these problems in Ave Maria, FL. I really think more Christians should establish cities where they can live according to their beliefs. Let the ungodly keep to themselves in their own cities, like Sodom and Gomorah.


14 posted on 09/03/2005 7:29:21 PM PDT by kittymyrib
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To: Tax-chick
Yes, I'm puzzled by these judges. Why don't they officially rule (unless the girl was forcibly raped) that the fact that she's pregnant demonstrates that she's not capable of making wise decisions about matters involving very serious long-term consequences?

Had to reprise your uncommonly good summary of the situation.

15 posted on 09/03/2005 8:59:43 PM PDT by GretchenM (Hooked on porn and hating it? Visit http://www.theophostic.com .)
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To: GretchenM

Even Pilot washed his hands. Not that it did him any good.


16 posted on 09/03/2005 10:23:31 PM PDT by RobRoy (Child support and maintenance (alimony) are what we used to call indentured slavery)
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To: Tax-chick; gretchen
Image hosted by Photobucket.com
17 posted on 09/04/2005 2:51:30 AM PDT by guitarnick40 (When a liberal is in doubt, all they do is scream and shout.... "it's Bush's fault")
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To: neverdem

Praise the Lord we do have some judges with some backbone and moral fiber. Amen and Amen.


18 posted on 09/04/2005 3:01:31 AM PDT by gakrak ("A wise man's heart is his right hand, But a fool's heart is at his left" Eccl 10:2)
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To: GretchenM

If every judge followed this line, every abortion case would go to pro-death judges.

Good point.


19 posted on 09/04/2005 5:40:32 AM PDT by moog
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To: kittymyrib

True, though eventually, I think there will be a separation, I don't believe the time is now. There are still too many opportunities for missionary work out there.


20 posted on 09/04/2005 5:42:44 AM PDT by moog
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