When life begins and the Establishment Clause

[Malla Pollack]

Thank you.  This is productive discourse. Or as one of my friends used to
say, "thank you for expanding my cognitive map."

 

Malla Pollack

Professor, American Justice School of Law

mpollack at ajsl.us

270-744-3300 x 28

articles http://works.bepress.com/malla_pollack/

  _____  

From: Scaperlanda, Michael A. [mailto:mscaperlanda at ou.edu] 
Sent: Thursday, April 19, 2007 2:20 PM
To: Malla Pollack; Richard Dougherty; Con Law Prof list
Subject: RE: When life begins and the Establishment Clause

 

Malla:  For one of many nonreligious arguments against partial birth
abortion see, John Breen and Michael Scaperlanda, "Never Get Out'a the Boat:
Stenberg v. Carhart and the Future of American Law," 39 Conn. L. Rev. 297
(2006) available online at
http://www.mirrorofjustice.com/mirrorofjustice/scaperlanda/nevergetoutathebo
at.pdf

 

I am not suggesting here that only nonreligious or secular arguments are
permissible in fashioning or laws and legal culture.  I am merely pointing
to one nonreligious case against partial birth abortion.

 

Michael Scaperlanda

Associate Dean for Research

Edwards Family Chair in Law

University of Oklahoma College of Law

300 W. Timberdell Rd.

Norman, Oklahoma 73019

Ph.    405.325.4833

FAX   405.325.0389

 

  _____  

From: conlawprof-bounces at lists.ucla.edu on behalf of Malla Pollack
Sent: Thu 4/19/2007 2:03 PM
To: 'Richard Dougherty'; 'Con Law Prof list'
Subject: RE: When life begins and the Establishment Clause

I am perplexed by your perplexitty.  To anyone outside the anit-abortion
camp the tie to a certain subset of religuos groups seems obvoius.  I would
think that your inability to come up with a non religious reason anyone
would push this statute supports my belief.   The only analogy I can come
with is the 17th century? claim that logic would inevitably lead humans to
religion and -oddly enough - to Christianity.  This "logic" obvously came
from the thinker's religious background, but the thinkers could not see it. 

 

Malla Pollack

Professor, American Justice School of Law

mpollack at ajsl.us

270-744-3300 x 28

articles http://works.bepress.com/malla_pollack/

  _____  

From: Richard Dougherty [mailto:doughr at udallas.edu] 
Sent: Thursday, April 19, 2007 1:52 PM
To: malla pollack; 'Richard Dougherty'; 'Con Law Prof list'
Subject: Re: When life begins and the Establishment Clause

 

I have to admit that I am perplexed at this point.  The argument is being
made that this is an Establishment Clause violation, and yet the only
evidence that is proposed to prove this is what Congress and the Courts have
not said?  There is not a word in the two relevant texts under review here
that supports such a conclusion, so I think the onus is not on the one
disproving a negative. 

Richard J. Dougherty


-----Original Message-----
From: "Malla Pollack" <mpollack at ajsl.us>
Sent 4/19/2007 1:39:30 PM
To: "'Richard Dougherty'" <doughr at udallas.edu>, "'Con Law Prof list'"
<conlawprof at lists.ucla.edu>
Subject: RE: When life begins and the Establishment Clause



So what? All that shows is that legislators have not stated plainly why they
care about this.  What other basis exists?  

 

Malla Pollack

Professor, American Justice School of Law

mpollack at ajsl.us

270-744-3300 x 28

articles http://works.bepress.com/malla_pollack/

  _____  

From: Richard Dougherty [mailto:doughr at udallas.edu] 
Sent: Thursday, April 19, 2007 1:31 PM
To: malla pollack; 'Richard Dougherty'; 'Volokh, Eugene';
CONLAWPROF at lists.ucla.edu
Subject: Re: When life begins and the Establishment Clause

 

Well, I just reread the text of the Act, and looked through the 39 pages of
the Court's opinion, and the closest I can come to a religious argument is a
reference to acting "in good faith," which I don't think has anything to do
with religion in the context.  Am I missing something?

Richard J. Dougherty

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