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Politics : I Will Continue to Continue, to Pretend....

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To: Sully- who wrote (9696)	5/11/2005 3:06:24 PM
From: Sully-	of 35834

Important Facts About Priscilla Owen Patterico's Pontifications Filed under: Media Bias Abortion Judiciary— Patterico @ 7:16 am The Washington Times has reported that Priscilla Owen’s nomination is likely to be the one that will trigger the nuclear option. (Via Captain Ed.) The most important post you will read all year about Priscilla Owen is here, at Power Line. powerlineblog.com The post debunks the most commonly repeated canard about Owen: that Alberto Gonzales accused her of an “unconscionable act of judicial activism” in a Texas abortion case. This is not true. But it has been repeated in the media again and again. And don’t kid yourself: that will continue. It’s a great line. Journalists aren’t going to pass up a chance to repeat it just because it’s false. So arm yourself with the facts. Read the Power Line post. Once you have, come back here and read the relevant opinions, which Power Line does not link. Majority opinion caselaw.lp.findlaw.com Gonzales’s concurrence caselaw.lp.findlaw.com Owen’s dissent caselaw.lp.findlaw.com Abbott’s dissent caselaw.lp.findlaw.com Hecht’s dissent caselaw.lp.findlaw.com UPDATE: The most appalling thing in any of these opinions is a statement made by the majority regarding the alternative of adoption. I believe this is so important that I plan to devote a separate post to it tonight. Republicans would do well to focus on this aspect of the case when they press Owen’s nomination. UPDATE x2: I should also note that the links to the opinions were inaccurate for the first couple of hours that this post was up. I accidentally linked to another Texas abortion case (in which Gonzales and Owen agreed, by the way). If you read this post and consulted the links early this morning, check them again. My apologies for any confusion. UPDATE x3: For those carefully reading the opinions, I should say that I think the majority has a pretty good argument regarding the lower court’s lack of a finding on the “maturity” prong, although I think Justice Owen has a pretty good rebuttal. That one is a closer question. But I tend to agree with her that the Court had no basis to overturn the lower court’s finding on the issue of whether Doe was sufficiently well-informed – especially on the issue of adoption as an alternative. More on this in my promised post tonight. patterico.com washtimes.com captainsquartersblog.com

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