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	Comments on: &#8220;But the Supreme Court has its own buffer zone&#8230;&#8221;	</title>
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		By: Hugo S. Cunningham		</title>
		<link>https://www.overlawyered.com/2014/09/supreme-court-buffer-zone/comment-page-1/#comment-302590</link>

		<dc:creator><![CDATA[Hugo S. Cunningham]]></dc:creator>
		<pubDate>Wed, 10 Sep 2014 23:00:02 +0000</pubDate>
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					<description><![CDATA[As a long-time foe of the Weimar coalition between anti-abortion thugs and various left-wing thugs, I entered Mr. Volokh&#039;s E-auditorium armed with a bag full of rotten E-tomatoes.  I was somewhat surprised to leave the auditorium with my bag undiminished:  he did make a valid technical point, that the USSC can afford (with taxpayer assistance) to surround themselves with an empty *private* space under more restrictive laws than public sidewalks.

Does Mr. Volokh argue, then, that a pro-choice State or municipality could lease to an abortion clinic an office facing onto a municipal space where the municipality could enforce USSC-type exclusions?  Picketers could, of course, line the adjacent sidewalk, but they would not know whether those passing through are women seeking abortions, or run-of-the-mill municipal employees and public.  That would be especially true if the abortion clinic had one or more interior doors to adjacent municipal offices.

Would today&#039;s USSC uphold such an arrangement?  If not, then Mr. Volokh&#039;s argument disappears like dew on gossamer.

Massachusetts responded to the USSC decision by allowing the police a temporary (12-hour, I believe) right to clear away demonstrators after the occurrence of disorder.  Not living in the area, I am not sure how that is working out in practice.

An approach I might have tried would have taken Justice Scalia&#039;s complaint about viewpoint selectivity at face value:
Restore the 30-foot buffer, but authorize a vetted roster of law-abiding &quot;sidewalk counselors&quot; (plainly identified) to enter it under these conditions:

Patient seeks to enter alone:  one &quot;counselor&quot; can approach within four feet, not blocking the way.
Patient seeks to enter with one companion:  one &quot;counselor&quot; can approach within two feet, not blocking the way.
Patient seeks to enter with more than one companion:  an equal number of &quot;counselors&quot; can approach withing two feet, not blocking the way.  (The abortion clinic would soon put out the word that the number of companions should be kept to a minimum.)]]></description>
			<content:encoded><![CDATA[<p>As a long-time foe of the Weimar coalition between anti-abortion thugs and various left-wing thugs, I entered Mr. Volokh&#8217;s E-auditorium armed with a bag full of rotten E-tomatoes.  I was somewhat surprised to leave the auditorium with my bag undiminished:  he did make a valid technical point, that the USSC can afford (with taxpayer assistance) to surround themselves with an empty *private* space under more restrictive laws than public sidewalks.</p>
<p>Does Mr. Volokh argue, then, that a pro-choice State or municipality could lease to an abortion clinic an office facing onto a municipal space where the municipality could enforce USSC-type exclusions?  Picketers could, of course, line the adjacent sidewalk, but they would not know whether those passing through are women seeking abortions, or run-of-the-mill municipal employees and public.  That would be especially true if the abortion clinic had one or more interior doors to adjacent municipal offices.</p>
<p>Would today&#8217;s USSC uphold such an arrangement?  If not, then Mr. Volokh&#8217;s argument disappears like dew on gossamer.</p>
<p>Massachusetts responded to the USSC decision by allowing the police a temporary (12-hour, I believe) right to clear away demonstrators after the occurrence of disorder.  Not living in the area, I am not sure how that is working out in practice.</p>
<p>An approach I might have tried would have taken Justice Scalia&#8217;s complaint about viewpoint selectivity at face value:<br />
Restore the 30-foot buffer, but authorize a vetted roster of law-abiding &#8220;sidewalk counselors&#8221; (plainly identified) to enter it under these conditions:</p>
<p>Patient seeks to enter alone:  one &#8220;counselor&#8221; can approach within four feet, not blocking the way.<br />
Patient seeks to enter with one companion:  one &#8220;counselor&#8221; can approach within two feet, not blocking the way.<br />
Patient seeks to enter with more than one companion:  an equal number of &#8220;counselors&#8221; can approach withing two feet, not blocking the way.  (The abortion clinic would soon put out the word that the number of companions should be kept to a minimum.)</p>
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