Patterico's Pontifications


Supreme Court Upholds Federal Ban on Partial-Birth Abortion

Filed under: Abortion,Constitutional Law,Court Decisions,General,Judiciary — Patterico @ 12:01 pm

Get all the details, including a link to the opinion, at How Appealing.

I engaged in a lot of wailing and gnashing of teeth over how Kennedy would vote on this, but he came through.

I’ll have full analysis later, after I have read the opinions, which I have so far only browsed. Takeaway quotes from Ginsburg’s dissent: the majority’s “way of thinking reflects ancient notions about women’s place in the family and under the Constitution — ideas that have long been discredited” and “The Court’s hostility to the right Roe and Casey secured is not concealed.”

Note also that only Scalia joins Thomas’s concurring opinion, which says that Roe has no basis in the Constitution — and pointedly notes that no Commerce Clause challenge was raised in the current challenge. I wouldn’t infer too much from this: Roberts and Alito probably want to keep their decision on narrow grounds.

8 Responses to “Supreme Court Upholds Federal Ban on Partial-Birth Abortion”

  1. Supreme Court Upholds Partial-Birth Abortion Ban…

    Uh oh, this one could get ugly:The Supreme Court upheld the nationwide ban on a controversial abortion procedure Wednesday, handing abortion opponents the long-awaited victory they expected from a more conservative bench. The 5-4 ruling said the Partia…

    The Sandbox (72c8fd)

  2. I’m sure your daughter will be discreetly “taken care of” should (heaven forbid) the situation arise.

    But then, you’ve got money.

    Others don’t.

    David Ehrenstein (7f21f7)

  3. I’d say overall this bench still hangs to the left.

    Partial Birth Abortion popular opposition is more strongly against that for.

    jpm100 (6dd049)

  4. According to Johnathan Adler, the statute contained a clause limiting itself to “partial-birth” abortions that are conducted “in or affecting interstate or foreign commerce.” Thereby making a general challenge impossible on those grounds (although some free clinic only accepting in-state patients might have a specific challenge).

    Kevin Murphy (805c5b)

  5. David E. #2,

    You have to get out more. Perhaps to see some very beautiful children being raised by adoptive parents? Whose biological parents chose not to abort them but give them up for adoption?

    Topically: The Virginia Tech weirdo killed 32 people. Compared to abortionists who stick forceps into the skulls of thousands of babies trying to get their first breath, he was a saint.

    nk (6415d7)

  6. BTW, there was zero chance that Kennedy would vote to uphold, as he had strenuously objected in Stenberg. The only real surprise here was that he didn’t find a way to overrule that as well. Kennedy is on record as being willing to allow substantial state restrictions, and now that O’Connor is gone….

    Kevin Murphy (0b2493)

  7. I get out plenty, nk. Here’s my lover Bill with the beautiful adopted child of a very close friend of ours. Her existence is beside the point of safe legal abortion — and you know it.

    David Ehrenstein (7f21f7)

  8. A real good decision by the court one which will have the over populationists wackoss real upset SCREW PAUL EHRLICH

    krazy kagu (6c9901)

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