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Monday, April 30, 2007
Mario Diaz :: Townhall.com Columnist
Alarming: The Dissent's Opinion in Gonzales v. Carhart
by Mario Diaz
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But all is not lost; the Dissent takes refuge in three main areas. One, they make sure that the other side knows that all their efforts are fruitless. Justice Ginsburg tries to accomplish this by repeating the idea that, "[t]he law saves not a single fetus from destruction, for it targets only a method of performing abortions." So there!

Second, they believe that a door has been left opened by the Court for a new challenge:

If there is anything at all redemptive to be said of today's opinion, it is that the Court is not willing to foreclose entirely a constitutional challenge to the Act. 'The Act is open,' the Court states, 'to proper as-applied challenge in a discrete case.'

So Justice Ginsburg has issued a call to arms, inviting more challenges in order to strike this horrible law:

One may anticipate that such a preenforcement challenge will be mounted swiftly, to ward off serious, sometimes irremediable harm, to women whose health would be endangered by the intact D&E prohibition.

And that leads us to their third and final hope. If a new challenge to this law arises, this current ruling should be overturned. Yes, we all know that stare decisis is one of the most important things to abortionists everywhere. At one point the Dissent said "the Court dishonors our precedent." They also wrote:

As the Court wrote in Casey, 'overruling Roe's central holding would not only reach an unjustifiable result under principles of stare decisis, but would seriously weaken the Court's capacity to exercise the judicial power and to function as the Supreme Court of a Nation dedicated to the rule of law.'

And:

'[T]he very concept of the rule of law underlying our own Constitution requires such continuity over time that a respect for precedent is, by definition, indispensable."

But that was then and this is now. This decision should not be one of those that we respect and follow in the future. It goes against what they believe. So they write, "A decision so at odds with our jurisprudence should not have staying power." Besides, we all know that Roe is "super-duper" precedent.

Alarming, isn't it?

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About The Author

Mario Diaz is the Policy Director for Legal Issues at Concerned Women for America.

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Raywood Ashe
The kidney of the Father is a part of his body. The baby of a pregnant woman is not a part of her body, but as seperate human life. The DNA proves that fact and your hypthetical is comparing apples and oranges.

To Lon
I think that your argument against Justice Kennedy's opinion fails. What conservatives take from Justice Kennedy's opinion is that even if you accept a right to abortion and accept the Casey undue burden test, partial birth abortion can properly be banned. You disagree with that, but based on a view of the medical evidence rejected by Congress whose findings provide a basis for Justice Kennedy's opinion. A legislature is empowered to hold hearings and make findings for legislation that may agree with certain experts and disagree with others. Conservatives can live with that conclusion; however, conservatives prefer the analyses of Justices Scalia and Thomas rejecting a right to abortion and think that Justice Ginsburg's radical feminist opinion is off the wall, which it is.
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