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FUMARE

Law, culture, and Catholicism...up in smoke!

Wednesday, January 18, 2006

Ayotte Ruling

In case anyone is wondering, we won [PDF]. Drudge is running with an AP headline that gives the impression that the Supreme Court punted, but short of SCOTUS deciding, sua sponte, that "the law should extend to all those seeking abortions regardless of age," or "what the heck, maybe there isn't a constitutional right to abortion and we've been blowing smoke out our arses for 33 years," this was the best outcome one could have expected.

How so, Ryder? Isn't the court forcing the NH legislature to carve out an exception where none is desired? We'll see. The law was drafted too loosely, and now NH has an opportunity to tighten up the procedural aspects of the statute.

I think the much more devastating aspect of this ruling, from the perspective of Planned Parenthood et al, is that it spells the end of "let's run to the courthouse with a facial challenge and keep this law from ever being enforced," which admittedly has been one of their most effective tactics over the years. Lower courts will be far less likely to invalidate an entire statute such as the parential notification requirement passed in NH, given today's ruling.

And to think, we were worried that this one might need to be re-argued after Alito is confirmed.

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