JMHACLJ at aol.com
JMHACLJ at aol.com
Thu Nov 17 09:57:14 PST 2005
In a message dated 11/17/2005 9:57:20 A.M. Eastern Standard Time,
marty.lederman at comcast.net writes:
For obvious reasons, there will virtually never be such suits, and they will
rarely succeed -- and therefore, regulations that might have been facially
invalidated under Casey will in fact be applied to countless women in the
relevant jurisdiction who would have been protected from such restrictions under
Why is this premise obvious? Are there now fewer attorneys fighting for
maintenance and expansion of the abortion right than when, as a nervous young
woman, Sarah Weddington was soothed by that famous wink and nod from the bench?
I run to court occasionally. Typically in battles over public access for
speakers whose rights are discounted or denied entirely by federal government
agencies (both Republican and Democratic administrations). Often, to get
there, I stay up all night. I am not always successful. But from time to time,
a judge remembers that Third Proposed Amendment to our beloved Constitution.
That glorious restraint on federal power. And those moments are sweet for
the me, as counsel, as is the moment that flows from it, when a client stands
alongside a road way with a modern day equivalent of John the Baptist's
imprecation, "it is not lawful for you to have your brother's wife."
Many of the abortion demonstration battles I have fought in eighteen years
of litigation have schooled me on the "enemy." That is, on the legal pools of
talent opposite from my side. When I participated in the trifecta of cases
in 1989 that led to Bray vs Alexandria Women's Health Center (I was the chief
researcher and writer of all the trial court materials opposing injunctive
relief in those cases), I looked across the courtroom at a legal team of bright
and talented Ivy Leaguers donated as pro bono attorneys from the prestigious
Covington & Burling. Such pro bono support in these cases IS NOT RARE. In
1986, while in law school in St. Louis, I read the Sunday advertisement from
Missouri Chapter of the ACLU soliciting persons that may have been clients
at a crisis pregnancy center who wanted to complain about alleged deceptive
All that goes to say, from this player's perspective, that the only reason
such litigation will be rare is because some women will sit on their lees and
do nothing, while the mares and stallions in the pro abortion legal stables
are chomping at the bit to git to court.
-------------- next part --------------
An HTML attachment was scrubbed...
More information about the Conlawprof