Bench Memos

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Patrial-Birth Decision


Did anyone seriously think that the Constitution requires us to let abortionists vacuum the brains of late-term unborn children out of their skulls?  What is remarkable is not the Court’s holding today, but the fact that anyone would think such a barbaric procedure, opposed by overwhelming majorities of Americans, is something the Constitution puts off limits for the people to decide through their elected representatives.   President Bush’s appointees to the Court — the Chief Justice and Justice Alito — have shown themselves to be  adherents of judicial restraint, who respect the power of the people to make their own choices on policy questions.  The Roberts Court has taken a positive, modest step in restoring a sense of reason and principle to constitutional adjudication on abortion.  Liberal pro-abortion extremists no longer have a blank check to railroad over the will of democratic majorities of the American people, and pro-abortion plaintiffs no longer have a privileged status as litigants in overturning reasonable abortion laws like this one based on irrationality and constitutional error.  And the Chief Justice has once again proven to be a wise leader of the Court:  assigning this opinion to Justice Kennedy underscores that even Justices not ”in the mold of Scalia and Thomas” are capable of upholding democracy and the Constitution when it comes to abortion.  


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