Discussion: Blumenthal Questions Kavanaugh On His 'Code Word' Use Of The Phrase 'Abortion On Demand'
Everyone should know by now that the code word is “Rosebud.”
Did Burger use the term in his Roe v. Wade opinion?
Perhaps he should have asked something about “undue burden”. Hypothetical: you want to go to the doctor to get your ingrown toenail fixed. Can you identify any restriction on that which you would consider an “undue burden”?
One man’s undue burden, and I stress the noun man, is denial of a right to abortion for a woman. See, for example, requiring doctors at clinics to have admitting privileges at a local hospital; requiring an advisor to be appointed even after a judge has approved an abortion for a minor; waiting periods; counseling, etc.
It’s one of those legal phrases with little intrinsic meaning but generating lots of hot air when wielded by ideologues.
Undue burdens are ones that the burdened person doesn’t somehow deserve.
The final sentence in Burger’s three paragraph concurring opinion: “Plainly, the Court today rejects any claim that the Constitution requires abortions on demand.”
This young teen faced weeks of terror that she would be forced to bear a child she didn’t want. Tell me again about undue burdens?
The source of corruption.
The principle is noble, but, in the hands of the lawless, like Trump, it’s meaningless.