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Appeal Seeks To Establish Right to Trespass on Clinic Property To Stop Involuntary Abortions
TMLC ^
| 2-12-2003
| staff
Posted on 02/12/2003 2:46:51 PM PST by Notwithstanding
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To: Notwithstanding
Common law: the organic law of the people, until the people choose to act through their elected legislatures (which has not been done here).
2
posted on
02/12/2003 2:51:44 PM PST
by
Notwithstanding
(Satan is real. So are his minions.)
To: Notwithstanding
Interesting legal tactic ping
To: Notwithstanding
Very interesting. Thanks for the post.
4
posted on
02/12/2003 2:53:31 PM PST
by
TXBubba
To: AKA Elena; american colleen; Antoninus; Aquinasfan; Aristophanes; ArrogantBustard; Askel5; ...
pro-life catholic ping
5
posted on
02/12/2003 2:55:34 PM PST
by
Notwithstanding
(Satan is real. So are his minions.)
To: Notwithstanding
Common law also says trespassers may be shot and their heads placed on pikes by the front entrance.
To: Notwithstanding
Not good. This means that abortions would have to be done in areas that Mr. Goodman won't find, which would be more dangerous to the mother.
7
posted on
02/12/2003 3:01:30 PM PST
by
Peaecon
To: Peaecon
Women who are not allowed to give informed consent - as is required for every other medical procedure from tooth pulls to ingrown toenail corrections - are in grave danger.
Mr. Goodman is simply being a good samaritan.
8
posted on
02/12/2003 3:03:59 PM PST
by
Notwithstanding
(Satan is real. So are his minions.)
To: RightWhale
Check out Wisconsin's common law for trespassing (cited in Wisconsin court opinions in which trespass of necessity was at issue) and I dont't think you will find your red-herring heads-on-pikes provision.
9
posted on
02/12/2003 3:06:13 PM PST
by
Notwithstanding
(Satan is real. So are his minions.)
To: Notwithstanding
Can you think of any other "medical" practice where it's accepted to give your client a sedative before (s)he signs any consent form?
10
posted on
02/12/2003 3:08:42 PM PST
by
toenail
To: Notwithstanding
I have a nephew who believes that the accumulation of wealth is the source of most evil. He has Biblical precedence, or course, the temple money changers, and Blessed are the Poor, etc.
He will love this. If the Court buys this BS, he will have the ability to go into a bank and take out all that accumulated money and spend it as he sees fit... all to help "The Poooohr", of course.
Expected much sounder legal reasoning from the More Center.
Attempted legal legerdemain such as this just casts distain on the whole movement. Makes me wonder, what sort of grades did this Muise chap get in law school
how many attempts to pass the Bar exam?
11
posted on
02/12/2003 3:10:33 PM PST
by
MindBender26
(.....and for more news as it happens...stay tuned to your local FReeper station....)
To: Notwithstanding
Not a good idea.
I want you to think what "child protection" NGOs would do to use this against parents who discipline their kids or prevent them from exercising their "privacy rights"?
Don't do it.
12
posted on
02/12/2003 3:13:12 PM PST
by
Carry_Okie
(With friends like these, who needs friends?)
To: RightWhale
Common law also says trespassers may be shot and their heads placed on pikes by the front entrance. I must have been absent that semester. Actually, the common law does not permit the use of deadly force in defence of real property (i.e. real estate).
To: Notwithstanding
He believed that there were women present at the abortion clinic who were under duress and had not given their voluntary and informed consent to have an abortion.Mere belief that any of the women were under duress is insufficient. One must have specific evidence to support the claim with respect to a specific person--the belief must be "reasonable."
And the act of trespassing is considered sufficient evidence to create a "reasonable belief" that a person is intent on causing bodily harm to the owner or tenant of the property being trespassed on, and, depending on the demeanor of the trespasser, that "reasonable belief" may extend to the belief that the application of deadly force is warranted.
14
posted on
02/12/2003 3:14:34 PM PST
by
Poohbah
(Beware the fury of a patient man -- John Dryden)
To: MindBender26
"Makes me wonder, what sort of grades did this Muise chap get in law school? how many attempts to pass the Bar exam? "
Perhaps he became a lawyer because he couldn't qualify as a sniper?
15
posted on
02/12/2003 3:15:31 PM PST
by
APBaer
To: APBaer; Chancellor Palpatine; Catspaw; Long Cut
Perhaps he became a lawyer because he couldn't qualify as a sniper?As a pro-lifer I have to say "OUCH." That one hurts. But it's not as if the nutballs in our movement haven't worked overtime to make folks think that...
16
posted on
02/12/2003 3:18:17 PM PST
by
Poohbah
(Beware the fury of a patient man -- John Dryden)
To: Notwithstanding
Women who are not allowed to give informed consent ...are apparently a figment of Goodman's imagination at this point.
If any women come forth who allege such a thing happened to them, the proper way to handle it is for them to take the issue to court themselves against the alleged violators.
It is *not* appropriate for some self-appointed commando to crash a clinic on a personal mission to "protect" patients from what he *thinks* might be taking place that day.
His lawsuit should be booted immediately, and he should be fined for wasting the court's time with his frivolous lawsuit.
To: Poohbah; Catspaw
Thats gonna leave a mark.
What'll be amusing is when the Thomas More lawyers (who seem to have a bit of difficulty with notions of standing and real causes in dispute) get their little ying yangs slapped off - especially when it is shown there is no basis for the belief on consent.
18
posted on
02/12/2003 3:38:11 PM PST
by
Chancellor Palpatine
(those who unilaterally beat their swords into plowshares wind up plowing for those who don't)
To: Chancellor Palpatine
"I Heard it Through the Grapevine" is acceptable as a Motown Classic, not as an evidentiary argument in a court of law :o)
19
posted on
02/12/2003 3:39:29 PM PST
by
Poohbah
(Beware the fury of a patient man -- John Dryden)
To: Notwithstanding
So if you "have reason to believe" something is wrong, you can trespass?
How's that again?
20
posted on
02/12/2003 3:51:04 PM PST
by
Illbay
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