"Joy and pleasure are as real as pain and sorrow and one must learn what they have to teach. . . ." -- Sean Russell, from Gatherer of Clouds

"If you're not having fun, you're not doing it right." -- Helyn D. Goldenberg

"I love you and I'm not afraid." -- Evanescence, "My Last Breath"

“If I hear ‘not allowed’ much oftener,” said Sam, “I’m going to get angry.” -- J.R.R. Tolkien, from Lord of the Rings

Thursday, April 19, 2007

Gonzales vs. Carhart

Ed Kilgore has this comment on the Court's decision on the federal ban on "partial-birth abortions." Please note, as well, that the term is lifted whole from the Christianist hymnal and was actually incorporated into the law and the Court's decision. Right there is cause for concern.

The opinions, including both Justice Ginsburg's dissent and Justice Thomas' concurrence, are at SCOTUSblog.

Balkinization, as might be expected, has a range of commentaries, dealing mostly with the purely legal aspects of the case. Here is Jack Balkin. Michael Stokes Paulsen has some insights on stare decisis. Marty Lederman tackles the Court's reasoning, which is certainly open to question.

Outside the legal sphere, here's a comment by Digy, and one by Echidne of the Snakes pointing up the most serious lack in the decision (echoing Justice Ginsburg's analysis of the majority's flawed argument).

I know, it's a link dump, but I don't have the time or energy for further analysis right now. Your comments are welcome.

(The only thing that I have to say is that I'm somewhat dismayed that we can all just sit here and acknowledge that the Court's decisions are basically political and not be bothered by it. The Dobson Gang have done their work well.)

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