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To: Varda
Luttig's own words are that abortion is a "fundamental right" and that a woman has a "right to choose".

These are NOT Luttig's words. He is merely repeating what the courts have said.

If you read his decision carefully you will note that he never personally supports this position.

In other parts of this decision (relating to whether he should have recused himself) he clearly states his own personal opinions along with those of the court.

28 posted on 10/30/2005 2:30:09 PM PST by who_would_fardels_bear
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To: who_would_fardels_bear

BTW quotes are in parentheses.


30 posted on 10/30/2005 2:40:25 PM PST by Varda
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To: who_would_fardels_bear
A point of technical precedent.

[Luttig's] record also includes at least one case bound to please antiabortion activists. When Virginia wanted to start enforcing a ban on the procedure critics call "partial birth" abortion in 1998, state officials sought out a conservative jurist -- Luttig -- who would rule in their favor.

>>>>His ruling for the 4th Circuit allowing the law to take effect overturned a lower court and ran contrary to courts in 17 other states in which bans on the controversial late-term procedure had been challenged.

>>>>Yet Luttig ultimately bowed to higher authority. In 2000, after the Supreme Court overturned a similar Nebraska law, Luttig wrote the 4th Circuit opinion invalidating Virginia's statute on "partial birth" abortion. Citing a 1992 Supreme Court ruling that reaffirmed Roe ,Luttig wrote: "I understand the Supreme Court to have intended its decision . . . to be a decision of super-stare decisis with respect to a woman's fundamental right to choose." He added that Supreme Court precedent must be followed "faithfully."

32 posted on 10/30/2005 2:52:36 PM PST by Reagan Man (Secure our borders;punish employers who hire illegals;stop all welfare to illegals)
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