Tuesday, November 01, 2005

Scalito: "If you're in that 5%, dem's da breaks...."

Billmon documents the horrors of 'strict constructionist' Scalito. Scalito thinks that as long as most women don't have to worry about domestic violence, the rest just have to suck it up for the good of motherhood, the country and apple pie. Here's Scalito on the requirement of spousal notification before obtaining an abortion -- from Scalito's pen to your ears (courtesy of the BIllmon link above):
The plaintiffs . . . do not appear to have offered any evidence showing how many (or indeed that any actual women) would be affected by this asserted imperfection in the statute.
and
Of the potentially affected women who could not invoke an exception, it seems safe to assume that some percentage, despite an initial inclination not to tell their husbands, would notify their husbands without suffering substantial ill effects.
And the rest of them ... well ....

Scalito, in defence of the notification requirement, makes a bit of noise about how some 95% of women do tell their husbands before obtaining an abortion, as if this is something that weighs in favour of the law. Scalito! Yo! I'm talkin' to YOU! The law doesn't have any effect for these 95% ... it's meaningless for them, and it's the frickin' 5% that it does make a difference for that are the ones at risk here.

Of course, pardon me, I forgot to mention that it's hardly appropriate to judge unconstitutional restrictions by the supposedly small number of people whose rights are abridged.... "De minimus non curat lex" doesn't apply here.

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