Judge To Conservatives Who Tried Closing Abortion Clinics: What If We Did That To Gun Stores?

[friendly_iconoclast]

60. Sorry, Fred- the decision didn't say what you'd like it to:

http://online.wsj.com/public/resources/documents/alabortion08042014.pdf

...This court, as a trial court, should not be in the business of picking and choosing which Supreme Court-recognized right to enforce or in deciding whether
to enforce a right strongly or only somewhat, based on this court’s independent assessment of the legal or moral wisdom behind the acknowledgment of that right. While
this trial court may have the license, if not the obligation, to contribute its proverbial “two cents” to the discussion of whether the law ought to be different,
that voicing should in no way detract from this court’s obligation to assure 100 % enforcement of that law as it is. See Nelson v. Campbell, 286 F. Supp. 2d 1321 (M.D.
Ala. 2003) (Thompson, J.) (after discussing why it believed Eleventh Circuit law was incorrect, trial court still followed and applied that law), aff'd, Nelson v.
Campbell, 347 F.3d 910 (11th Cir. 2003), rev'd, Nelson v. Campbell, 541 U.S. 637 (2004).

Rather, like all trial courts, this court must be guided by one overarching principle: the rule of law. Just as the Supreme Court gave to the courts in the trenches their marching orders in Heller and McDonald, it gave us our marching orders in Casey as well.

As the one Justice who signed onto both sets of marching orders has
stated: “The power of a court, the prestige of a court, the primacy of a court stand or fall by one measure and one measure alone: the respect accorded its judgments.”
Anthony M. Kennedy, Judicial Ethics and the Rule of Law,
40 St. Louis U. L.J. 1067 (1996). With this opinion today, this court, as it forges along as a soldier in the trenches carrying out orders from on high, puts its faith
in this statement and hopes that, in resolving the constitutional question before it, it has been faithful to the lofty command of the rule of law...