Don't ask - don't tell - and soitonly don't confoim.
'...for those married women who feared the consequences of telling their husbands, the two judges said, the burden was indeed severe and failed to meet the test.
Judge Alito disagreed. The number of women who would be adversely affected by the provision, admittedly small, was unknown, he said, and the evidence of likely impact was insufficient to provide for striking down a new law on its face, before its impact could be tested and demonstrated. "I cannot believe that a state statute may be held facially unconstitutional simply because one expert testifies that in her opinion the provision would harm a completely unknown number of women," he wrote.
Judge Alito's dissenting opinion went on to note that "needless to say, the plight of any women, no matter how few, who may suffer physical abuse or other harm as a result of this provision is a matter of grave concern." But the Pennsylvania legislature took that concern into account, he said, in writing into the law an exception for a woman who "has reason to believe that notification is likely to result in the infliction of bodily injury upon her." Further, he said, the law would be "difficult to enforce and easy to evade," because it required no proof beyond a woman's word that she had notified her husband.
The provision survived his understanding of the undue burden test, Judge Alito said, adding that "the Pennsylvania legislature presumably decided that the law on balance would be beneficial" and "we have no authority to overrule that legislative judgment, even if we deem it 'unwise' or worse."
The Supreme Court's decision the next year, in Planned Parenthood of Southeastern Pennsylvania v. Casey, proved him wrong. The 5-to-4 majority, which included Justice O'Connor, struck down the notice requirement as an undue burden on those few women whom it would place at risk...' FROM
Abortion Case From 1991 May Be Central in Confirmation
ANOTHER Fascist Sexist Catholic Opus Dei Nutcase and mysogynist singing with the Supremes! NEVER! NO PARASAN!
Judge Alito disagreed. The number of women who would be adversely affected by the provision, admittedly small, was unknown, he said, and the evidence of likely impact was insufficient to provide for striking down a new law on its face, before its impact could be tested and demonstrated. "I cannot believe that a state statute may be held facially unconstitutional simply because one expert testifies that in her opinion the provision would harm a completely unknown number of women," he wrote.
Judge Alito's dissenting opinion went on to note that "needless to say, the plight of any women, no matter how few, who may suffer physical abuse or other harm as a result of this provision is a matter of grave concern." But the Pennsylvania legislature took that concern into account, he said, in writing into the law an exception for a woman who "has reason to believe that notification is likely to result in the infliction of bodily injury upon her." Further, he said, the law would be "difficult to enforce and easy to evade," because it required no proof beyond a woman's word that she had notified her husband.
The provision survived his understanding of the undue burden test, Judge Alito said, adding that "the Pennsylvania legislature presumably decided that the law on balance would be beneficial" and "we have no authority to overrule that legislative judgment, even if we deem it 'unwise' or worse."
The Supreme Court's decision the next year, in Planned Parenthood of Southeastern Pennsylvania v. Casey, proved him wrong. The 5-to-4 majority, which included Justice O'Connor, struck down the notice requirement as an undue burden on those few women whom it would place at risk...' FROM
Abortion Case From 1991 May Be Central in Confirmation
ANOTHER Fascist Sexist Catholic Opus Dei Nutcase and mysogynist singing with the Supremes! NEVER! NO PARASAN!
posted by professor rat at 10:44 AM
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