Bench Memos

Why Doesn’t Sotomayor Know Abortion Law?

At the American Principles Project, I’ve posted a comment on how badly Judge Sotomayor seems to misunderstand the state of constitutional law on abortion in her colloquy with Senator Coburn.  A sample:

This answer [to Coburn] suggests Sonia Sotomayor is either woefully ignorant of the state of constitutional law since Roe v. Wade and Doe v. Bolton in 1973, or she knows it perfectly well but does not want to lay it out in public view.  For the truth is that ever since January 22, 1973, when Roe and Doe were decided, any woman has been legally able to obtain an abortion at any stage of pregnancy, whether her life or health was truly at stake, for any reason she may have, so long as she can find a willing physician to perform the abortion.

Matthew J. Franck is the Director of the William E. and Carol G. Simon Center on Religion and the Constitution at the Witherspoon Institute in Princeton, New Jersey.

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