Jonathan, your correspondent incorrectly states that “Pryor’s nomination presented, full-frontal, the core issue of whether abortion should be permitted.” Even apart from the fact that Pryor’s confirmation is to the court of appeals, overturning Roe would not mean that abortion would not be permitted. It would mean only that the judiciary’s unconstitutional power grab on the abortion issue would end, and the people would decide through their legislators what abortion policy should be.
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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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