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Bench Memos

NRO’s home for judicial news and analysis.

Equipoise?



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Continuing to taunt us with the question “What sort of idiocy will he spout next?”–Douglas Kmiec is quoted in the National Law Journal thus, on the subject of Justice David Souter: “Substantively, it will be hard not to remember him as someone who brought some equipoise to the abortion issue, at least in terms of the court’s jurisprudence.”

As the wag who sent me the link put it, Planned Parenthood v. Casey brought “equipoise” to the abortion issue in the same fashion that Plessy v. Ferguson brought “equipoise” to the segregation issue.

Hey, wait a minute.  Wasn’t Equipoise the great-grandfather of Epitaph?  From Frank Loesser’s pen to God’s ears.



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