Wednesday, April 18, 2007

 

Supreme Court Decision on Partial Birth Abortion Ban

The Supreme Court today issued a close (5-4; Justice Kennedy went with the conservatives) and actually quite brittle decision, Gonzales v. Carhart, finding there was nothing on the face of the 2003 federal legislation banning the grisly procedure which rendered the law unconstitutional (although Kennedy, who wrote the opinion, left open an issue involving the health of the mother, as opposed to the life of the mother, which exception is in the law, as is appropriate, the details of which issue could render the ban unconstitutional as applied).

Most of the pro-life contingent is breathing a sigh of relief. The lefties seem either outraged or somewhat resigned. I'm with Glenn Reynolds; there's nothing in the Constitution which would allow the Congress to legislate in this area.

What's that? Did someone mentioned the Commerce Clause? Don't make me laugh.

Abortion should be a state issue; and neither federal laws, pro or con, nor the illusory constitutional right to abortion found in Roe v. Wade, and reaffirmed in Casey, should exist.

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