Bench Memos

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More on: “Painfully Awkward”? No, Just Plain Stupid


It seems highly likely that Geoff Stone has not even read the majority opinion.  He clearly believes that the majority accepted and relied on the congressional findings that he finds so objectionable.  But in fact the majority states that some of the findings “are factually inaccurate” (whether because they were inaccurate at the time or have been superseded).  Indeed, the majority specifically notes (slip op. at 35-36, Professor Stone, in case you care to read the opinion) that some medical schools do teach intact D&E and that there is not a medical consensus that intact D&E is never medically necessary.

Tags: Whelan


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