This Day in Liberal Judicial Activism—October 30

POLITICS & POLICY

2006—A South Dakota law enacted in 2005 sets forth informed-consent provisions for abortion, including that the woman undergoing abortion be informed that “the abortion will terminate the life of a whole, separate, unique living human being.” The law defines “human being” as an “individual living member of the species Homo sapiens.”

In Planned Parenthood Minnesota v. Rounds, a divided panel of the Eighth Circuit affirms an injunction preventing the entire 2005 law from going into effect. In her majority opinion, Judge Diana Murphy treats as a factual finding the district court’s determination that the statement that an abortion “will terminate the life of a whole, separate, unique living human being” is a value judgment, rather than a medical fact, and she relies on a declaration submitted by one of the plaintiffs to provide evidentiary support for that supposed factual finding. The statement, she concludes, “could be found to violate both the First Amendment rights of physicians and the due process rights of women seeking abortion.” In dissent, Judge Raymond Gruender points out that the statement is “an unremarkable tautology”—“a restatement of the definition of ‘abortion’”—and is “truthful, non-misleading, and non-ideological on its face.”

You Might Like

In June 2008, the Eighth Circuit, acting en banc, reverses the panel decision by a 7-4 vote, with Judge Gruender penning the majority opinion and Judge Murphy the dissent.

Articles You May Like

CBS Urges Viewers to Stock Up on Covid Tests for Thanksgiving, Holidays
STUDY: Injecting sulfur into the atmosphere (as Bill Gates is doing) is a recipe for climate disaster
Thanksgiving and the Blessings of Gustatory Diversity
Marxist Seattle Councilwoman Faces Recall after Leading Protesters to Mayor’s Home, Misusing City Funds
Doocy Stuffs Psaki’s Gobbles Over Biden in Nantucket, Rittenhouse, Thanksgiving

Leave a Reply

Your email address will not be published. Required fields are marked *