2,732
edits
Changes
Jump to navigation
Jump to search
Line 23:
Line 23: + + + + + + +
→Justice Ginsburg's Dissent
== Justice Ginsburg's Dissent ==
== Justice Ginsburg's Dissent ==
Justice Ginsburg, dissenting with four other Justices<ref>Ginsburg, Souter, Stevens, and Breyer, J.J., dissenting.</ref>, feared that "liberty finds no refuge in a jurisprudence of doubt," citing a famous quote from ''Casey'', and that the Court had impermissibly muddled previous doctrines by banning a procedure that could be used pre-viability, and therefore permissibly under ''Casey'' and ''Roe''.
She also noted that Congress' "findings" that D&X was never safe or healthy were actually written and presented by unqualified or suspect doctors with little experience in abortion medicine, and no experience in D&X. On the contrary, when full evidence was taken and read next to this unqualified testimony (as it was at the district court level in the cases leading to ''Carhart''), it was clear that D&X did possess some health benefits, which she cited.<ref>These are fairly gruesome, but in brief involve the possibility of D&E leaving damaging fetal remnants in the mother's uterus.</ref> She also protested that the state's interest in fetal life was being advanced - after all, the Act saves no lives, only provides for a ''different'' method for abortion.
Ginsburg concluded her dissent by grounding the abortion case line within feminist thought, a perspective advocated by the late [[Blackmun|Justice Blackmun]].
== References ==