Monday, September 5, 2005

On Moral Grounds, Some Judges Are Opting Out of Abortion Cases - New York Times

[NEWS] Because they are morally opposed to abortion, some judges in Tennessee are refusing to hear petitions from pregnant teenagers who seek, following statutory provisions, to bypass the parental consent requirement. On Moral Grounds, Some Judges Are Opting Out of Abortion Cases - New York Times

A group of twelve legal ethics scholars sent a letter to the Tennessee Supreme Court last month.

The experts called his action lawless and said they feared that his approach could spread around the nation and to subjects like the death penalty, medical marijuana, flag burning and even divorce.

"Unwillingness to follow the law," the letter said, "is not a legitimate ground for recusal."

A spokesperson for the court system said that the Tennessee Supreme Court would not act on the letter, but invited the professors to file a formal complaint with the Tennessee Court of the Judiciary.

According to the article, only four of the nine circuit judges in Shelby County (Memphis's county) will hear such petitions.

If the voters in one county disagree with the statewide legislature, then they could pressure elected judges not to enforce legislation, creating a situation where citizens in one county have access to safeguards unavailable in another.

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