In the course of an otherwise intelligent discussion of the Supreme Court’s just-ended term, this house editorial in the weekend edition of the Wall Street Journal states: “In outlawing a late-term abortion procedure and on racial preferences, [Justice Kennedy] sided with the four conservatives.” (Emphasis added.) Set aside the political labeling (which pervades the editorial). How can the Wall Street Journal editorialists state that the Supreme Court majority “outlaw[ed] a late-term abortion procedure”? Surely they must know that it was an Act of Congress, signed into law by the President, that generally “outlaw[ed]” partial-birth abortion and that the Supreme Court majority ruled merely that the law is facially constitutional? Why does this elementary distinction so readily escape bright and educated minds?

About the Author
Ed Whelan holds the Antonin Scalia Chair in Constitutional Studies at the Ethics and Public Policy Center and is a regular contributor to National Review’s Bench Memos blog.
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