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To: Dog Gone
Alarm bells are going off in my head about this being a possible Souter 2. That said, those bells will disappear if you can convince me (and it wouldn't take a lot, as I am pretty much a certified Bushie....) that the TX case was a true strict constructionist rendering. That totally escapes me.....it seems the state would have a right to allow abortions in minors only if they get parental permission and that doesn't seem to be a violation of a state's power.
145 posted on 12/31/2002 11:19:49 AM PST by rwfromkansas
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To: rwfromkansas
The case had to do with the parental notification law in Texas, which allows some minors to get an abortion without the parents being informed under certain circumstances.

The question was NOT whether minors can get abortions. That has already been settled at the Federal level. This had only to do with parental notification.

Texas lawmakers had to make some exceptions to the parental notification law in order to comply with the Federal instructions, which essentially attempted to guarantee that parents would be notified except where the girl could prove to the court that she was (1) mature and sufficiently well informed to make her own decision, or (2) that notification may lead to physical, sexual or emotional abuse, or (3) that parental notification would not be in her best interest.

That is the Texas law.

In almost all cases, a girl in Texas who tries to avoid notification is turned down.

In this one case, Gonzales wrote for the majority in the court that a girl may have shown this, and the case was sent down to the trial court for a determination of fact. We don't even know if the girl ever had an abortion.

That is the "crime" with which Gonzales is charged. It's nuts.

I would also point out that the Judge who disagreed with him most at the time, Priscilla Owen, was nominated by Bush to the Federal bench. The nomination was recommended by none other than Al Gonzales.

151 posted on 12/31/2002 11:53:23 AM PST by Dog Gone
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