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| subject: | Re: Bush nominates `Scalito` |
From: "Gregg N"
"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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