Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Monday, September 5, 2005

Judges and Consent Cases

Thanks to Susan for her posting yesterday about the NYT article on the Tennessee judges who are recusing themselves in cases where the minor elects not to ask a parent for permission to obtain an abortion. It appears that the minor for one reason or another chooses not to seek parental permission. Her option is to ask a judge. What if the judge accepts the case but denies permission? Will the twelve experts who wrote to the State Supreme Court complaining about Judge McCarroll’s “lawless” actions be satisfied? Will Mr. Chase, the president of Memphis Regional Planned Parenthood then have a motive to evaluate judicial activities? Recalling Prof. Silverstein’s research on how parental consent laws operate, is the judge who decides the case in accordance with the law but denies permission still lawless? I wonder if those who advocate abortion “rights” for minor children will be satisfied with laws under which judges, acting under the State law, withhold permission for abortions? Is the only “lawful” result the type of decision that Judge Bailey renders? These are interesting and important issues that warrant careful and continuing study.  RJA sj

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Araujo, Robert | Permalink

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