Friday, November 18, 2005


Michael Kinsley over at Slate makes many interesting points on the abortion law controversey and its hamstringing of the judicial nomination process:

"What Abortion Debate?Why there is no honesty about Roe."

Beginning with observations on the flimsiness of stare decisis in the face of changing public standards, the author then relates this to the Alito nomination, noting the very real ways the bad mix of a volatile issue and a hidebound process make for an environment of Machiavellian dishonesty.

Noting Americans have a disproportionate fascination with the subject, he further suggests that the very people who expect to benefit from the seating of a conservative justice may be the ones being conned:

"The last thing in the world that Republican strategists want is the repeal of Roe. If abortion becomes a legislative issue again, all those pro-choice women and men who have been voting Republican because abortion was safe would have to reconsider, and many would bolt. Meanwhile, the reversal of Roe would energize the left the way Roe itself energized the right. Who needs that?"

I think the author is spot-on. And I must add I think this speaks very poorly of the American body politic...

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