Ramesh and I agree that Roe was a massive power grab on behalf of the federal judiciary, but disagree as to whether Congress can do much about it (save, perhaps, depriving the Court of jurisdiction to hear such cases). I think we might also agree that even if Congress has sufficient Constitutional authority to ban partial birth abortion under the 14th Amendment, the current bill — which purports to ban such procedures “in or affecting interstate commerce” — is wholly inadequate for this purpose. While it contains extensive findings, these findings are almost exclusively focused on addressing Justice O’Connor’s pet concerns about the basis for abortion restrictions, and not on the extent to which the failure of states to adopt partial-birth abortion bans represents a denial of equal protection. Because Congress’ only has power under the Fourteenth Amendment to “enforce” its substantive guarantees, it would have to demonstrate a Fourteenth Amendment violation before proceeding further (as the Court has rightly noted in several of its recent sovereign immunity decisions). It has not done so here.
I once had a pastor who never, ever delivered the Good News of the Gospel without first sharing the bad news. In fact, as he argued, the bad news is what helps us understand the enormous worth of the Good News. And what is that bad news? It’s simple: We’re fallen. We’re sinful. We’re lost. If we ... Read More
Despite the sprawl of Justice Department inspector general Michael Horowitz’s 568-page report on the Clinton-emails investigation, there is precious little discussion of the most important issue: The Justice Department and FBI’s rationale for declining to prosecute Hillary Clinton. I believe this is ... Read More
Review the Clinton email scandal, the Steele dossier, the insertion of at least one FBI informant into the Trump campaign, the misleading of the FISA court by FBI and DOJ officials intent on monitoring U.S. citizens, and, now, the inspector general’s report. There emerges a common denominator: the surety by all ... Read More
Earlier today I wrote a piece on the homepage asking Congress to step up, to end family separation at the border. The Republicans aren’t going to agree to anything that restores “catch and release.” The Democrats won’t agree to anything that leverages the plight of children to other ... Read More
The illegal-immigration issue has always been one fraught with politicking. We always hear the same refrain from both sides: that people are suffering and living in the shadows; that we must find a solution for them as well as a way to solidify our border security. And yet nothing ever gets done. The ... Read More