It seems highly likely that Geoff Stone has not even read the majority opinion. He clearly believes that the majority accepted and relied on the congressional findings that he finds so objectionable. But in fact the majority states that some of the findings “are factually inaccurate” (whether because they were inaccurate at the time or have been superseded). Indeed, the majority specifically notes (slip op. at 35-36, Professor Stone, in case you care to read the opinion) that some medical schools do teach intact D&E and that there is not a medical consensus that intact D&E is never medically necessary.
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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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