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To: gdani
In an opinion written by Trump's sister. On the merits, not any technicalities.

From what I read, she said it was too vague. Don't know if that relates to "merits" or "technicalities", but the way I read her opinion she implied that the law lacked specificity in defining what a partial birth abortion was.

Alito, who concurred with the ruling, did so not because of the vagueness stated by Barry, but because he felt that the SCOTUS had already set precedent in striking down Nebraska's partial birth abortion ban. To him, it was the job of the court to follow SCOTUS precedent.

Now SCOTUS struck down Nebraska, from what I gather here, due to lack of "life of the mother" exceptions and for entirely banning methods that could be used in non-partial birth abortion situations.

I certainly can't hold my own in a legal debate though. Just doing my best to interpret what I'm reading here. What do I make of this and conclude? Absolutely no freaking idea.
35 posted on 08/28/2015 12:13:09 PM PDT by mmichaels1970
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To: mmichaels1970
From what I read, she said it was too vague. Don't know if that relates to "merits" or "technicalities"

Vagueness is always an issue brought up in these cases. So is overbreadth. Those are merit-based arguments, not based on technicalities. Technicalities have more to do with, say, whether someone has standing to bring the lawsuit in the first place.

In the latter situations, courts must then decide whether someone does, in fact, have standing before they move on to the merits of the case (if the person does not have standing they almost always then jettison the case without deciding on the merits).

Alito, who concurred with the ruling, did so not because of the vagueness stated by Barry, but because he felt that the SCOTUS had already set precedent in striking down Nebraska's partial birth abortion ban. To him, it was the job of the court to follow SCOTUS precedent.

That's essentially correct.

Now SCOTUS struck down Nebraska, from what I gather here, due to lack of "life of the mother" exceptions and for entirely banning methods that could be used in non-partial birth abortion situations.

It should be noted, after the Nebraska case, SCOTUS accepted a partial-birth case from a different state & basically overturned its previous ruling.

40 posted on 08/28/2015 12:44:49 PM PDT by gdani (No sacred cows)
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