Sunday, September 04, 2005

Judges with consciences

Another step in the supposedly private act of aborting one's child is exposed as anything but private:

Judges in Tennessee are recusing themselves from hearing the "judicial bypass" cases - where minor girls may obtain abortion without notifying (much less obtaining permission from) their parents - because of moral objections to abortion. In Tennesse, the girls can be as young as 13. In Texas, 14 year olds qualify.

The abortion advocates are of course upset and would make judges as well as pharmacists, slaves:


Professor Susan P. Koniak, who teaches legal ethics at Boston University and signed the letter to the Tennessee Supreme Court, said judges were free to express their moral disagreement with a law but were not free to decline to enforce it.

"I expect them to bring their moral sense to a case," Koniak said in an interview, "but the law comes first."

McCarroll's sole lawful options, the law professors' letter said, are to enforce the law or resign from the bench.


Judicial bypass imposes secrecy on the court, which hampers collection of information as to how many girls are granted legal exception to the State's rules on telling parents about the abortion or seeking consent from the parents. The State must pay for the court procedings, the lawyer, and a "guardian ad litum," or substitute guardian for the girl. Often, the records of the proceding are not even available to the girl, herself, due to the confidentiality rules. There is concern that the process enables child abusers to escape the consequences of their actions.

Many organizations, including "Jane's Due Process," assist the girls in obtaining the bypass.

No comments: