So Prof. Adler concedes that my equal-protection case for the constitutionality of a federal partial-birth abortion ban is “reasonable,” but says that Congress has not made the necessary findings to sustain that case. Ok, professor: What’s the justification for the Court’s striking down an otherwise constitutional law simply because the Congress doesn’t make an explicit argument, within the law itself, for its constitutionality? Let’s go further: Let’s say the Congress makes a law that has a constitutional justification, but the law itself makes some zany, unsound constitutional argument for itself. Should the Court strike it down on that basis? I think that idea is itself a little strange. If my argument about equal protection is sound, it seems to me to follow that a constitutionally conscientious congressman is able, and possibly obligated, to vote for the ban and the Court is obligated to uphold it.
Share this story

About the Author
Ramesh Ponnuru is the editor of National Review, a columnist for the Washington Post, and a fellow at the American Enterprise Institute.
Advertisement
Advertisement





Comments