Semper Liberi

Tuesday, February 21, 2006

Will Stenberg be Overruled?

The big news: SCOTUS has granted cert. to decide whether the federal partial-birth abortion ban is constitutional. In the Court's last major abortion case, the 2000 Stenberg v. Carhart decision, Justice O'Connor joined with the four justice "liberal" voting bloc to strike down a similar state statute. Will Justice Alito join with the four dissenters from that case in a new majority? If so, will Chief Justice Roberts push for the overruling of Stenberg, or will he try to guide the Court to a narrower outcome? Would Justice Kennedy, who dissented in Stenberg, vote to overrule, or would he uphold the previous decision under stare decisis? This case could the first real indication of the ideological direction of the Roberts Court, not to mention its significance to abortion jurisprudence.
More soon...

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