Motion to Dismiss

a law student's adventure

Sunday, March 28, 2004

partial birth abortion bill on trial...

Federal judges in S.F., New York, Nebraska to hear testimony on the bill

looks like the deck will be stacked in favor of finding the bill unconstitutional.

SF -- any questions how a federal court in the 9th circuit will lean? even if the bill is drafted well enough to provide an exemption from prosecution if the doctor is saving the mother's life, it will run into problems on the roe v. wade front.

NY -- not much different from SF, but they always do things their own way. I don't see much hope for the abortion-banners here either.

NB -- here's the wild card for me. I know less about the federal courts in NB than NY. I suppose it will depend on whether the court has a rub with the supreme court overturning NB's old abortion-ban bill. If they had upheld it, there will probably be a battle.

if NB or NY uphold the law, the Supreme Court will take the case. That will be a time in which "judicial activism" is a good thing.

They are not likely to overturn roe v. wade and the bill looks like a pointed effort to do so. But the decision will hinge on the exact wording of the bill --

and maybe which judge goes duck hunting (or doctor hunting 8-P) with the abortion rights groups.

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