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Tuesday, December 28, 2010

A pro-abortion rights spokesman cries out against a Supreme Court decision that's like a planted seed, growing and eventually "popping out."

There's new state-level legislation banning abortion after the 20th week, premised on the notion of fetal pain and building on the legal precedent in Gonzales v. Carhart. (Carhart upheld the federal statute banning "partial birth" abortion.)
"I believe the decision was like planting a bunch of seeds, and we're just starting to see the shoots popping out of the ground," said Roger Evans, who is in charge of litigation for Planned Parenthood of America.
A man has the right to choose... his metaphors.

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The linked article, by WaPo's Robert Barnes, goes on at length about the conservative/liberal balance on the Supreme Court, the importance of Justice O'Connor's retirement, and the things Justice Kennedy wrote in Gonzales v. Carhart. (Kennedy would in all likelihood cast the deciding vote if there were a 5-4 case on the subject of abortion in the with the current array of Supreme Court Justices.)
Kennedy's [opinion for the majority in Carhart] was shot through with references to government's interest in protecting the unborn and in making sure women knew the consequences of their actions.
But Kennedy made it clear that the pregnant woman gets to make the final call about whether to abort a pre-viability fetus. A ban on abortions after 20 weeks is plainly inconsistent with that. In Carhart, there was absolutely no question that woman got to exercise her choice to end the pregnancy. The issue was only about whether one way of removing the fetus could be banned (when another method remained available).

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