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SUPREME COURT AGREES TO HEAR ABORTION CASE! -- Must Parental Consent Laws Have a Health Exception?
SCOTUS BLOG ^ | 05-23-05 | cww

Posted on 05/23/2005 7:29:36 AM PDT by CWW

The Supreme Court on Monday agreed to decide a long-unsettled issue of abortion law: the standard to be used in judging the constitutionality of a restriction on a women's right to end a pregnancy. The issue arises in the case of Ayotte v. Planned Parenthood of Northern New England (docket 04-1144). The case also raises the question whether a parental consent law for minors' abortions must contain a health exception.


TOPICS:
KEYWORDS: abortion; consent; judiciary; notification; parental; parentalconsent; scotus
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This is a BIG issue because, as most of you know, the so-called "health" exception for abortion includes mental and emotional health. In other words, requiring a "health" exception essentailly allows an activist judge to bypass the parents to allow a minor to have an abortion based on the judge's finding that the so-called "health" of the minor requires that she procure an abortion.
1 posted on 05/23/2005 7:29:39 AM PDT by CWW
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To: CWW

I'm guessing they'll throw out the parental consent law altogether.


2 posted on 05/23/2005 7:30:59 AM PDT by Brilliant
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To: Brilliant
If I were a betting man, I would agree.

Oh... wait, I am a betting man. Odds are 2-1 that the Court throws out any parental notification law that does not include a "health" exception.

3 posted on 05/23/2005 7:32:35 AM PDT by CWW (Mark Sanford for President on 2008!)
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To: CWW

I don't understand. If a minor goes in for any kind of medical procedure, they need parental consent. Isn't an abortion a medical procedure?


4 posted on 05/23/2005 7:34:02 AM PDT by brooklyn dave (Catholic school survivor and proud of it.)
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To: brooklyn dave

Abortion is the one exception enshrined in the constitution /sarc.


5 posted on 05/23/2005 7:35:23 AM PDT by P.O.E.
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Comment #6 Removed by Moderator

To: CWW

Almost any abortion being committed today can be justified using the fuzzy and dishonest 'logic' of the Left, exemplified by the so-called 'health of the mother exception'.

Murderous Orwellian misuse of the language at its worst.


7 posted on 05/23/2005 7:37:25 AM PDT by EternalVigilance ("We, the people, are the...masters of...the courts..." -Abraham Lincoln)
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To: CWW

The health exception requirement is a lock. Chances are about 100 to one in my opinion that they'll throw out a consent requirement that has no health exception.

The question is whether they are just going to say "We don't care if there is a health exception. All parental consent laws are unconstitutional. It's none of the parents' business whether their kid has an abortion."


8 posted on 05/23/2005 7:38:13 AM PDT by Brilliant
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To: Nathaniel Fischer

Regretably, Sandra Day O'Connor has become a reliable supporter of "abortion rights." She is also now in the forefront of applying "international law" to SCOTUS cases.

I would have preferred to see SCOTUS refuse this case, until we have a chance to change the balance of the court. It's always harder to reverse a prior decision. Now there are already dozens of decisions that need to be reversed.


9 posted on 05/23/2005 7:40:08 AM PDT by Cicero (Marcus Tullius)
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To: CWW

1) A Mack truck can be driven through the "health" loophole. The justices have to know that.

2) The court's taking of this case right at the time of the senate showdown will cause both sides to dig in their heels all the more. There will be no compromise.


10 posted on 05/23/2005 7:40:40 AM PDT by katieanna (My Redeemer Liveth!)
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To: Nathaniel Fischer

I really don't know if those conservatives will support the consent law. They could let it stand based on stare decisis. Afterall, if you're not going to reverse Roe, then the consent law probably is unconstitutional.


11 posted on 05/23/2005 7:41:01 AM PDT by Brilliant
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To: brooklyn dave

Planned parenthood sees girls without consent, issues birth control, etc. my daughter went at age 17, they sent her to the health department for free BC pills. Daughter told me they see girls 12 years old, and never tell the parents.


12 posted on 05/23/2005 7:41:43 AM PDT by libbylu
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To: CWW

This should be pretty easy to decide, let's look at the Abortion Clause in the Constitution ... it must be here somewhere ...


13 posted on 05/23/2005 7:44:25 AM PDT by 11th_VA
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To: Cicero; Nathaniel Fischer

Regretably, Sandra Day O'Connor has become a reliable supporter of "abortion rights." She is also now in the forefront of applying "international law" to SCOTUS cases.



I wonder which nation's laws she will cite from the cafeteria of ideas? Iranian law?
Saudi law?
South African law?
Dutch law?

Answer: Whatever fits her agenda. The Founders would be planning a tea party for some of these guys, after a good dousing of ale from a Boston pub.


14 posted on 05/23/2005 7:45:33 AM PDT by sully777 (If anyone asks, I'm a monger-monger.)
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To: katieanna
A Mack truck can be driven through the "health" loophole. The justices have to know that.

Well of course they do. They're the ones who defined "health" in the Doe v. Bolton decision. Remember, Roe v. Wade only guaranteed the right to abortion in the first trimester. It allowed for abortions in the second or third trimester only for the "life or health" of the mother.

But then, what do you know, in the companion case Doe v. Bolton, the court defined "health" like this:

"[T]he medical judgment may be exercised in the light of all factors -- physical, emotional, psychological, familial, and the woman’s age -- relevant to the well being of the patient. All these factors may relate to health."

That pretty much took all the teeth out of the abortion restrictions that were present in Roe v. Wade.

15 posted on 05/23/2005 7:56:01 AM PDT by BlackRazor
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To: All
What is the reason that the parents want to know....seriously. I'm looking for answers to these questions:
1. What will the parents do if they find out their kid is pregnant.
2. What do they do if they find out they had an abortion?
3. What would you do?
16 posted on 05/23/2005 8:03:17 AM PDT by Pillows
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To: BlackRazor
Girl says, "Like, I'd be bummed if had to have a kid right now."

Result: "abortion necessary for the health of the woman."

Yes. It amounts to abortion on demand for any reason whatsoever, or no reason at all.

17 posted on 05/23/2005 8:03:32 AM PDT by Montfort (President George Allen)
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To: CWW
Drudge has the siren up!


18 posted on 05/23/2005 8:04:09 AM PDT by xrp (Fox News Channel should rename itself the Missing Persons Network)
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To: Pillows

You forgot a question:

What will the parents do when faced with the staggering emotional and financial strain of either losing their daughter or having to nurse their daughter through the complications caused by a botched medical procedure that they never gave their consent for, anyway? After all, the parents are financially and legally responsible for their daughter, except where abortion comes in.


19 posted on 05/23/2005 8:08:54 AM PDT by MortMan (Mostly Harmless)
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To: MortMan

Ok...a medical aspect. Is that the only reason parents want to know? I think my dad would chop off my arms and legs if I came close to a situation like that.


20 posted on 05/23/2005 8:11:22 AM PDT by Pillows
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