Legal challenge to the "boss act"

[migrendel]

The Supreme Court delays any consideration of a writ of certiorari until the final result of the legal process is known.

[migrendel]

If the law should pass, Texasgurl will have legal standing to challenge it on the basis that she is a fertile woman, and the law could potentially deprive her of her liberty and be considered damaging.

[migrendel]

Well, StevenNick, I know this is provoked by your partisan fury over the possibility that this law will be struck down. I can assure you that I am equally concerned that the opposite might happen. But until you get on the Supreme Court, and long away that day I hope to be, it will be our job to decide which challenges to laugh out of court.

And this from the person who calls our tax code unconstitutional. Face it, you're no Louis Brandeis.

[migrendel]

No. I'm more of a Brennan or Marshall.

[migrendel]

I'm better looking, but I certainly wouldn't mind having a legal brain of her caliber.

[migrendel]

He is brilliant. But quite flawed.

[migrendel]

The holdings of Roe and Casey state the right to choose abortion can only be limited by regulations designed to protect maternal health. Therefore, the right to an abortion is still fundamentally a decision of elective choice in the second trimester, and to meet the current legal standard, if a woman can prove that any law abridging her right to an abortion in the first two trimesters is an undue burden on her private choice, the law is unconstitutional.

And don't be concerned. The Supreme Court will leave no stone unturned. If this law is held to be constitutional, it certainly will be.

[migrendel]

If you want a compromise, I would suggest a reaffirmation of the terms of Roe. First trimester, no restrictions. Second Trimester, regulations to promote maternal health allowed if not creating an undue burden. Third trimester, state has the power to criminalize abortion if exceptions are made for life, health, rape, and incest.

[migrendel]

I think that would do well. It would satisfy me, by giving the right to choose fairly comprehensive protection, and it would satisfy my opponents by giving them limited regulatory power. If we can agree on this, despite personal differences, we might solve the abortion issue.