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Selected excerpts from Justice Kennedy's Majority Opinion in Gonzales v. Carhart.(United States Supreme Court; Anthony M. Kennedy)(Excerpt)(Brief article)
"In a decision so fraught with emotional consequence some doctors may prefer not to disclose precise details of the means that will be used, confining themselves to the required statement of risks the procedure entails. ...This is likely the case with the abortion procedure here in issue. It is, however, precisely this lack of information concerning the way in which the fetus will be killed that is of legitimate concern to the State. The State has an interest in ensuring so grave a choice is well informed. It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound when she learns, only after the event, what she once did not know; that she allowed a doctor to pierce the skull and vacuum the fast-developing brain of her unborn child, a child assuming a human form."
"No one would dispute that, for many, D&E is a procedure itself laden with the power to devalue human life.
"The State' s interest in respect for life is advanced by the dialogue that better informs the political and legal systems, the ...
- Constitutional law.(The Supreme Court 2004 Term)
- Magazine article from: Harvard Law Review November 1, 2005 700+ words
...in United States v. Lopez...from the state's antidrug...validity of congressional findings that supported...commandeering" of state governmental...applied United States v. Morrison...factor, congressional findings, favored...
- Providing outreach and rehabilitation counseling services to non-English...
- Magazine article from: American Rehabilitation O'Brien, Andrew M. Rhoades, Gary W. March 22, 1996 700+ words
The Congressional findings concerning the programs...article is offering the Congressional findings as a catalyst for...California and many other states, VR outreach programs...However, given the Congressional findings, many programs should...
- Justices to Consider if Congress Overstepped in Banning Guns Near Schools
- Newspaper article from: The Washington Post Joan Biskupic April 19, 1994 700+ words
...powers left to the state governments. It said that the case pitted "the state's traditional authority...about guns' crossing state lines and showing up...hear the case, United States v. Lopez, Solicitor...validity rests instead on congressional findings regarding the effect...
- CONGRESS WILL ACT SOON ON THE PARTIAL-BIRTH ABORTION BAN ACT OF 2002.(Brief...
- Magazine article from: National Right to Life News July 1, 2002 700+ words
...Twenty-seven states have also passed...abortions. Many of these state laws were challenged...congresses into a set of congressional findings. Unlike the findings...great deference to congressional findings of fact. Thus...extensive set of congressional findings is an ...
- Don't make a federal case out of it. (federalizing additional crimes)
- Magazine article from: Trial Dripps, Donald A. January 1, 1995 700+ words
...fourth footnote of United States v. Carolene Products...powers reserved to the states by the Tenth Amendment...traditionally been a state responsibility, and...long occupied by the states. In such a situation...the importance of congressional findings is surely enhanced...
- Where there's smoke ...(VIEW ON washington)
- Magazine article from: Nursing Homes Stoil, Michael J. March 1, 2005 700+ words
...Requirements to adhere to state fire codes, to maintain...reported a series of congressional "findings" that sounded as...Larson claimed that the congressional findings justify a national...About one-third of state governments impose...
- Dignity and the politics of protection: abortion restrictions under...
- Magazine article from: Yale Law Journal Siegel, Reva B. June 1, 2008 700+ words
...South Dakota and other states. (9) Ultimately...the Court emphasized congressional findings that the banned method...justification for the ban that congressional findings never mention...passing that "[t]he State has an interest in...
- The amended Gun-Free School Zones Act: Doubt as to its constitutionality...
- Magazine article from: Duke Law Journal Safra, Seth J. November 1, 2000 700+ words
...little avail.(1) In United States v. Lopez,(2) the Supreme...traditionally regulated by states and the potential for using...is traditionally within the states' authority, the revised...Part II asks whether adding congressional findings to the statute brings it within...
