Bench Memos

NRO’s home for judicial news and analysis.

Vacancy and Abortion


The Left will start screaming that Roe is in jeopardy. Unfortunately, that is not true. The current Court is 6-3 in favor of Roe. The only abortion issue that comes into play is the barbarity of partial-birth abortion, where O’Connor was the fifth vote in favor of invalidating Nebraska’s partial-birth statute. Everyone but the most extreme pro-abortion fringe should welcome overturning that decision.

(For reasons explained here, it seems clear that Judge Gonzales, were he to be replace O’Connor, would not be able to participate in a case involving the federal partial-birth abortion statute and that his non-participation would lead to its invalidation.)


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