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Bench Memos

NRO’s home for judicial news and analysis.

Vacancy and Abortion



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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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