Partial Birth Act Upheld

[medina]

Lauren, I think it's striking how absent women are in
Justice Kennedy's opinion.  The opinion discusses the
procedure extensively, physicians and medical judgment but
women appear as bystanders to the issue and to "the abortion
right."  

M. Isabel Medina
Ferris Family Professor of Law
Loyola University New Orleans
College of Law
7214 St. Charles Ave.
New Orleans, LA  70118



----- Original Message Follows -----
From: "Gilbert, Lauren" <lgilbert at stu.edu>
To: "Rick Duncan" <nebraskalawprof at yahoo.com>,
<CONLAWPROF at lists.ucla.edu>
Subject: RE: Partial Birth Act Upheld
Date: Wed, 18 Apr 2007 14:08:15 -0400

> How, may I ask, is this "a very good thing" for women who
> are denied the use of a medical procedure that many
> doctors say is often necessary to save their lives?  
> 
>  
> 
> Lauren Gilbert
> 
> Associate Professor of Law
> 
> St. Thomas University School of Law
> 
>  
> 
>  
> 
>  
> 
> ________________________________
> 
> From: conlawprof-bounces at lists.ucla.edu
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
> Rick Duncan Sent: Wednesday, April 18, 2007 1:28 PM
> To: CONLAWPROF at lists.ucla.edu
> Subject: RE: Partial Birth Act Upheld
> 
>  
> 
> Hmmm. Is this a criticism of the majority opinion? Or is
> the point that the abortion doctor does not "kill the
> fetus" or that the fetus is not a "living organism within
> the womb."
> 
>  
> 
> John Noonan used to write that Roe v. Wade was based upon
> a "mask" imposed by the law on the reality of abortion and
> the reality of human life in the womb.
> 
>  
> 
> I haven't read Justice Kennedy's opinion yet, but it
> sounds like he took the mask off abortion and focused on
> the reality of the abortion liberty.
> 
>  
> 
> And that is a very good thing for the Constitution, for
> our country, and for both men and women.
> 
>  
> 
> Rick Duncan
> 
> Darren Hutchinson <dhutchinson at wcl.american.edu> wrote:
> 
>     In the vein of law and literature, has anyone seen an
> abortion ruling that so graphically describes the
> procedures? Or which finds that the doctor "kills the
> fetus"?  Or that a fetus is a "living organism within the
> womb"?  Or which declares that "respect for human life
> finds an ultimate expression in the bond of love the
> mother has for her child"? The last phrase sounds a little
> like Justice Bradley in Bradwell v. Illinois.  I added the
> italics.  
> 
>      
> 
>     Darren Lenard Hutchinson
> 
>     Professor of Law
> 
>     American University, Washington College of Law
> 
>     4801 Massachusetts Avenue, N.W.
> 
>     Washington, D.C. 20016
> 
>     Phone: (202) 274-4048
> 
>     Fax: (202) 730-4587
> 
>     Email: dhutchinson at wcl.american.edu
> 
>     Webpage: http://wcl.american.edu/faculty/hutchinson/
> 
>     -----Original Message-----
>     From: conlawprof-bounces at lists.ucla.edu
> [mailto:conlawprof-bounces at lists.ucla.edu] On Behalf Of
> Darren Hutchinson
>     Sent: Wednesday, April 18, 2007 11:16 AM
>     To: 'Frank Cross'; 'Mark Tushnet'; 'ConLaw Prof'
>     Subject: Partial Birth Act Upheld
> 
>      
> 
>     Anyone have a copy of the opinion yet? I have searched
> without success.
>
http://www.sfgate.com/cgi-bin/article.cgi?f=/n/a/2007/04/18/national/w07
> 5329D38.DTL&type=politics
> 
>     
>     _______________________________________________
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> 
> 
> 
> Rick Duncan 
> Welpton Professor of Law 
> University of Nebraska College of Law 
> Lincoln, NE 68583-0902
> 
>  
> 
> 
> "It's a funny thing about us human beings: not many of us
> doubt God's existence and then start sinning. Most of us
> sin and then start doubting His existence."  --J.
> Budziszewski (The Revenge of Conscience)
> 
>  
> 
> "Once again the ancient maxim is vindicated, that the
> perversion of the best is the worst." -- Id.
> 
>   
> 
> ________________________________
> 
> Ahhh...imagining that irresistible "new car" smell?
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> 
> 
> 
> _______________________________________________
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