And in This Corner

Yesterday I linked to Sebastian Holsclaw's abortion posts, and today I'll link to a through response by Ampersand at Alas, a Blog. In particular, he points to a key line from O'Connor's concurrence in Stenberg:

A ban on partial-birth abortion that only proscribed the D&X method of abortion and that included an exception to preserve the life and health of the mother would be constitutional in my view.

I'd forgotten how explicit O'Connor was about this. Now we can argue about Congressional fact-finding all day, but in the end it's my belief that the current court would still strike down this legislation. O'Connor has shown herself to be quite adept at making these close cases end up exactly where she wants. It's part of why I dislike her jurisprudence so much.

That's the last from me on abortion for awhile.