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Bench Memos

NRO’s home for judicial news and analysis.

RE: Splitting the baby



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As K-Lo noted, in accusing Judge Alito of misrepresenting Casey. Casey is accurately understood, he says, to have “split the baby in half.” Given the foundation that Casey laid for Stenberg v. Carhart, invalidating Nebraska’s
ban on partial birth abortion, this is an interesting choice of words.



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