From: "Gary Britt" 

He didn't he decided the case on the basis that there is no provision in
the constitution that addresses this policy matter and therefore it is NOT
for courts and judges to decide but for elected legislatures to decide.

Any other decision would be activist, and also not supported by the text of
the constitution.

Gary

"Gregg N"  wrote in message
news:43669e3a{at}w3.nls.net...
> "Ellen K."  wrote in message
> news:v27dm1pc6d4fmhb5i6vu3jgfk3mjnocms4{at}4ax.com...
> > Re the case about a married woman's husband being notified prior to an
> > abortion being performed, isn't the baby as much his as hers?  So why
> > shouldn't he at least be informed?   Granted, I suppose this reasoning
> > wouldn't apply in the case of a woman aborting a child whose father is
> > not the husband but as a society do we really want to support that?
> >
>
> The notification is probably appropriate, but he is not supposed to be
> deciding cases based on the right thing to do, but rather on the law and
> whether it is consistent with the constitution and constitutional
precedent.
> Otherwise, it would be judicial activism.
>
> Gregg
>

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