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- <text id=90TT2060>
- <title>
- Aug. 06, 1990: A Sampler Of Souter's Views
- </title>
- <history>
- TIME--The Weekly Newsmagazine--1990
- Aug. 06, 1990 Just Who Is David Souter?
- </history>
- <article>
- <source>Time Magazine</source>
- <hdr>
- NATION, Page 22
- A Sampler of Souter's Views
- </hdr>
- <body>
- <p> As a superior-court judge in 1981, Souter urged the state
- legislature to reject a provision in a bill that would have
- required teenagers seeking abortions to get permission from a
- judge if they could not obtain their parents' consent:
- </p>
- <p> "[The provision] would express a decision by society,
- speaking through the legislature, to leave it to individual
- justices...to make fundamental moral decisions about the
- interests of other people without any standards to guide the
- individual judge...There are some judges who believe that
- abortion...is morally wrong, who could not in good
- conscience issue an order requiring an abortion to be
- performed. There are others who believe that what may be thought
- to be in the "best interests" of the pregnant minor is itself
- just as necessarily a moral as a social question, upon which
- a judge may not morally speak for another human being, whatever
- may be that judge's own personal opinion about the morality of
- abortion. Judges in each category would be obligated to
- indicate that they could not exercise their power in favor of
- authorizing abortions to be performed on immature pregnant
- minors. The inevitable result would be required shopping for
- judges who would entertain such cases."
- </p>
- <p> In 1986 the New Hampshire Supreme Court unanimously upheld
- a woman's right to sue her doctor for failing to inform her
- that a case of German measles while she was pregnant put her
- in grave risk of having a child with serious birth defects. The
- woman contended that if she had received information from her
- doctors about the potential for birth defects she would have
- had an abortion. In a separate concurring opinion Souter raised
- an issue that the full court did not address:
- </p>
- <p> "The trial court did not ask whether, or how, a physician
- with conscientious scruples against abortion, and the testing
- and counseling that may inform an abortion decision, can
- discharge his professional obligation without engaging in
- procedures that his religious or moral principles condemn...The court does not hold that some or all physicians must make
- such a choice between rendering services that they morally
- condemn and leaving their profession in order to escape
- malpractice exposure. The defensive significance, for example,
- of timely disclosure of professional limits based on religious
- or moral scruples, combined with timely referral to other
- physicians who are not so constrained, is a question open for
- consideration."
- </p>
- <p> Writing for a unanimous state supreme court in 1988, Souter
- overturned a rape conviction on the ground that the trial judge
- should have allowed the defense to introduce evidence about the
- victim's allegedly provocative behavior in the moments before
- the assault:
- </p>
- <p> "Describing a complainant's open, sexually suggestive
- conduct in the presence of patrons of a public bar obviously
- has far less potential for damaging the sensibilities than
- revealing what the same person may have done in the company of
- another behind a closed door. On the other hand, evidence of
- public displays of general interest in sexual activity can be
- taken to indicate a contemporaneous receptiveness to sexual
- advances that cannot be inferred from evidence of private
- behavior with chosen sex partners...The facts of this case
- well illustrate the court's previous observation that the
- sexual activities of a complainant immediately prior to an
- alleged rape may well be subject to the defendant's
- constitutional right to present evidence."
- </p>
-
- </body>
- </article>
- </text>
-
-