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He dissented in a Planned Parenthood case against a state law regarding married women had to inform (not get permission from) husbands before obtaining an abortion. SCOTUS eventually sided against his position and for PP.


109 posted on 10/31/2005 3:37:51 AM PST by newzjunkey (CA: YES on Prop 73-77! Unions outspending Arnold 3:1, HELP: http://www.joinarnold.com)
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To: newzjunkey
****He dissented in a Planned Parenthood case against a state law regarding married women had to inform (not get permission from) husbands before obtaining an abortion. SCOTUS eventually sided against his position and for PP.****

"a" Planned Parenthood case?
No offense but it wasn't just any case, it was Casey. Planned Parenthood v Casey 505 U.S. 833 (1992 (the state was Pennsylvania and Casey was the governor).

And yes SCOTUS ruled for PP, but it 5-4 and maybe most important, Rehnquist(?), in his dissenting opinion, quoted Alito almost verbatim (IIRC).

And here's one salient part of Casey (I love reading it)

JUSTICE SCALIA, joined by THE CHIEF JUSTICE, JUSTICE WHITE, and JUSTICE THOMAS, concluded that a woman's decision to abort her unborn child is not a constitutionally protected "liberty," because (1) the Constitution says absolutely nothing about it, and (2) the longstanding traditions of American society have permitted it to be legally proscribed. See, e.g., Ohio v. Akron Center for Reproductive Health, 497 U.S. 502, 520 (SCALIA, J., concurring). The Pennsylvania statute should be upheld in its entirety under the rational basis test. Pp. 979-981.

So if anything is to be done about Roe, Casey and Griswold - which started it all with penumbras and emanations - has to be addressed too.

637 posted on 10/31/2005 5:09:30 AM PST by Condor51 (Leftists are moral and intellectual parasites - Standing Wolf)
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