Given some of the e-mails I’ve received, I thought I should make clear that although I suspect the Supreme Court will strike down the federal partial-birth abortion ban, that is not the basis for my claim below. Rather, it is that under almost any reasonable constitutional interpretation, the ban is unconstitutional. Moreover, while I suspect the Supremes will strike the law down, I have little confidence they will do so on the proper constitutional grounds.
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About the Author
Jonathan H. Adler is a professor at William & Mary Law School.
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