“THE SUPREME COURT NARROWLY UPHELD A FEDERAL LAW TODAY BANNING A CONTROVERSIAL ABORTION PROCEDURE, giving the anti-abortion movement one of its biggest legal victories in years,” the New York Times reports:[pP]>doom symbian download
The justices ruled, 5 to 4, that a law passed by Congress in 2003 and signed by President Bush does not violate the Constitution by imposing an undue burden on a woman’s right to end a pregnancy. The majority said its ruling reflects the government’s “legitimate, substantial interest in preserving and promoting fetal life.”
[…]
The majority upheld the Partial-Birth Abortion Ban Act, whose very name can set off heated debate. The procedure addressed is known medically as “intact dilation and evacuation” or “D and X,” short for dilation and extraction. It involves partly removing an intact fetus, then destroying the skull to complete the abortion.
Swingin’ Tony wrote the Court’s opinion [pdf]. Maybe there was something in his Cheerios. Who knows? [pP]>doom symbian download
The ruling is narrow. In brief, the Court sustained the Act against a facial challenge; the Act remains vulnerable to as-applied challenges. And the Act itself, at least as construed by Swingin’ Tony, bans almost nothing: “… the Act does not restrict abortions involving delivery of an expired fetus or those not involving vaginal delivery,” pdf p. 3. [pP]>doom symbian download
In other words, you can take the baby by c-section and then crush its skull. Or, if you prefer, you can first inject the baby with poison, kill it, and then pull it out of the vagina: “… if intact D&E is truly necessary in some circumstances, a prior injection to kill the fetus allows a doctor to perform the procedure, given that the Act’s prohibition only applies to the delivery of ‘a living fetus,’” pdf p. 6. See how that works? Here’s your algorithm:[pP]>doom symbian download
• Do you want to crush the baby’s skull? If yes, take by c-section.[pP]>doom symbian download
• Do you want to deliver a dead baby vaginally? If yes, poison first. And then crush, or not, the dead baby’s skull, as you prefer.[pP]>doom symbian download
Call it the Ginsburg Rule: Take what you like and leave the rest.[pP]>doom symbian download
What you cannot do is deliver a live baby vaginally and then crush its skull. Or at least you can’t in theory. In practice, if you can show Swingin’ Tony a set of circumstances where there was just nothing else for you to do, or if he gets a new a box Cheerios, well … we’ll see.
And that, in a nutshell, is an accurate, if not highfalutin, explanation of Gonzales v. Carhart. The New York Times say this decision is a victory for pro-life advocates. If so, it’s a strange one.[pP]>doom symbian download
Now to the fun part. [pP]>doom symbian download
You just have to read Justice Ruth Ginsburg’s dissent. She is pissed. P-I-S-S-E-D! Why, I don’t know, except that the Court didn’t genuflect before the Sacred Altar of Surgical Instruments in the Vagina. (See pdf p. 1, “In the usual second-trimester procedure, ‘dilation and evacuation’ (D&E), the doctor dilates the cervix and then insert surgical instruments into the uterus and maneuvers them to grab the fetus and pull it back through the cervix and vagina. The fetus is usually ripped apart as it is removed, and the doctor may take 10 to 15 passes to remove it in its entirety.” For Ginsburg, it’s all about making those passes, I guess.)[pP]>doom symbian download
The dissent begins at pdf p. 49. It’s a riot, mostly because it’s a study in outrageous pretense: [pP]>doom symbian download
Though today’s opinion does not go so far as to discard Roe or Casey, the Court, differently composed than it was when we last considered a restrictive abortion regulation, is hardly faithful to our earlier invocations of ‘the rule of law’ and the ‘principles of stare decisis.’”
Stare decisis?! As in respect for precedent? Oh, I couldn’t stop laughing when I read that. Surely, she can’t expect to be taken seriously. Justice Ginsburg was in the majority in Lawrence (the pro-sodomy case), which expressly overruled the precedent in Bowers (the anti-sodomy case). Call it the Ginsburg Rule: Take what you like and leave the rest.[pP]>doom symbian download
It always cracks me up when members of the Court pretend there’s some high method to these shenanigans. In hot-button cases, only one (low) thing is going on. Five justices decide what they want, and then they get it. They make a (policy) decision and write an opinion justifying it. If the “rules” support their opinion, fine; if not, the “rules” are dispatched. (Indeed, Justice Ginsburg pleads for a future Court to ignore the precedent of the instant case: “A decision so at odds with our jurisprudence should not have staying power,” pdf at p. 72.)[pP]>doom symbian download
The general public may believe the work of the Court is serious, complex and scholarly. But when the Internets came online, everybody got a law library. Consequently, some of us have been reading this shit long enough to know the truth. And the truth is, it’s all about five people getting what they want.[pP]>doom symbian download
You may also wish to read Justice Thomas’ concurring opinion. It’s very short and begins at pdf p. 47. He volunteers this:[pP]>doom symbian download
I also note that whether the Act constitutes a permissible exercise of Congress’ power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.
Justice Thomas takes a narrow view of Congress’ power under the Commerce Clause. Hint, hint.[pP]>doom symbian download
ADDED —[pP]>doom symbian download
For those who oppose even this modest restriction on abortion, there is a ready way to get it lifted, one that doesn’t involve the courts. See Pelosi, Nancy et al. Of course, you’ll also need to see a few Democratic senators, including Harry Reid, the majority leader, who voted “aye” on the Act’s passage. These “out of the mainstream” sons of bitches are everywhere, aren’t they?[pP]>doom symbian download