Here's an excerpt from Scalito's dissent.
I'm no lawyer, but I see it this way. Scalito says the case was not made as to how many women might be adversely affected if the notification requirement was in place.
He writes . . .
Since 1973, abortions on unmarried women have consistently exceeded 70% of the national total and at times have surpassed 80%. The plaintiffs (Planned Parenthood) failed to show even roughly how many of the women in this small group would actually be adversely affected by Section 3209. As previously noted, Section 3209 contains four significant exceptions. These exceptions apply if a woman certifies that she has not notified her husband because she believes that (1) he is not the father of the child, (2) he cannot be found after diligent effort, (3) the pregnancy is the result of a spousal sexual assault that has been reported to the authorities, or (4) she has reason to believe that notification is likely to result in the infliction of bodily injury upon her. If Section 3209 were allowed to take effect, it seems safe to assume that some percentage of the married women seeking abortions without notifying their husbands would qualify for and invoke these exceptions. The record, however, is devoid of evidence showing how many women could or could not invoke an exception.
Of the potentially affected women who could not invoke an exception, it seems safe to assume that some percentage, despite an initial inclination not to tell their husbands, would notify their husbands without suffering substantial ill effects. Again, however, the record lacks evidence showing
how many women would or would not fall into this category. Thus, the plaintiffs did not even roughly substantiate
how many women might be inhibited from obtaining an abortion or otherwise harmed by Section 3209. At best, the record shows that Section 3209 would inhibit abortions " `to some degree' " or that "some women [would] be less likely to choose to have an abortion by virtue of the presence" of Section 3209.
HOW ABOUT ONE WOMAN, SCALITO?
WOULD ONE WOMAN DYING FOR THE PATRIARCHY BE ENOUGH TO SATISFY YOUR WINGER BRAIN?