Perhaps both Posner and the Court—but especially Posner—overlook the fact that a female, once she gives birth to a baby—her maternal instinct comes to life and thus influences her emotions and perhaps potentially her decisions. Her perspective thus naturally changes after she gives birth. It is something she cannot easily control. It’s a biological process, after all. Could this be relevant?
Perhaps both Posner and the Court—but especially Posner—overlook the fact that a female, once she gives birth to a baby—her maternal instinct comes to life and thus influences her emotions and perhaps potentially her decisions. Her perspective thus naturally changes after she gives birth. It is something she cannot easily control. It’s a biological process, after all. Could this be relevant?