{"id":1375,"date":"2011-10-28T18:47:23","date_gmt":"2011-10-28T22:47:23","guid":{"rendered":"http:\/\/www.peoplevstate.com\/?p=1375"},"modified":"2011-11-13T14:12:18","modified_gmt":"2011-11-13T18:12:18","slug":"a-case-i-dont-talk-about-much","status":"publish","type":"post","link":"https:\/\/www.peoplevstate.com\/?p=1375","title":{"rendered":"A Case I Don’t Talk About Much"},"content":{"rendered":"

I alluded to it<\/a> today in this comment<\/a> at Popehat. As is too typical, the published appellate opinion<\/a> doesn’t accurately reflect the actual facts and arguments at issue as I remember them. But beyond that, I was second chair, and the lawyer who called the shots and I didn’t see eye to eye on the arguments that ultimately made it into the briefs filed in the trial court. I wasn’t involved at all in the appeal. Granted, judging by the opinion the result probably would have been the same even if the arguments I wanted made were made. But I don’t talk much about this case because, given my role, I’m reluctant to accept or disclaim responsibility for it.<\/p>\n

The heart of the case, as I saw it, was this: the abortion industry’s widely promulgated claim that abortion is “ten times safer than childbirth” is proved false<\/em> and misleading<\/em><\/a> by the generally accepted and established<\/em> scientific fact<\/em><\/a> that childbirth reduces the risk of breast cancer.<\/p>\n

The victorious abortion industry also asked for attorney fees in a similar case I lost as lead counsel, but there the trial judge at least had the decency to deny their request, finding that<\/a> “[t]he Plaintiff’s case, in the Court’s opinion, was obviously not a false and frivolous pleading. And they presented their case well and documented it as they deemed appropriate and so I find no frivolity there.” Indeed, the judge, in denying the Defendant abortion clinic’s motion for judgment as a matter of law at the close of the Plaintiff’s case in chief, had found that “the Plaintiff has submitted substantial evidence on each and every element necessary for its case.”<\/p>\n

The heart of that<\/em> case was this: the “substantial evidence” the trial judge acknowledged the Plaintiff had “documented” proved that the Defendant’s claim in its commercial brochures that “[t]here is no evidence” of a causal relationship between breast cancer and abortion was not just false and misleading but patently absurd.<\/p>\n","protected":false},"excerpt":{"rendered":"

I alluded to it today in this comment at Popehat. As is too typical, the published appellate opinion doesn’t accurately reflect the actual facts and arguments at issue as I remember them. But beyond that, I was second chair, and the lawyer who called the shots and I didn’t see eye to eye on the […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[93],"tags":[],"class_list":["post-1375","post","type-post","status-publish","format-standard","hentry","category-abortion-and-breast-cancer"],"aioseo_notices":[],"_links":{"self":[{"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/posts\/1375","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1375"}],"version-history":[{"count":11,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/posts\/1375\/revisions"}],"predecessor-version":[{"id":1470,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=\/wp\/v2\/posts\/1375\/revisions\/1470"}],"wp:attachment":[{"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1375"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1375"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.peoplevstate.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1375"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}