The Partial Birth Abortion Decision

This just in from the Washington Post, the Federal Partial Birth Abortion Ban has survived Supreme Court scrutiny. Justice Kennedy wrote the majority opinon, which was likely his price for a yes vote. I am quite sure that Justice Kennedy's joiners wanted to go further and ban abortion all together. Some speculate that this may open the door to more actions.

Given today's opinion, I doubt it. Kennedy did not ban dialation and extraction and will not. The Act pretty much was designed to getting his vote and going no further. That is what it did and all it will do.

Of course, because it is an act of Congress, a Democratic President and Congress can repeal or modify it. Expect further compromise on this issue.

The right wing is likely crushed, as they wanted a total reversal of Roe. It will dawn on them shortly that this will not happen, at least with this Court - and you know that no Justice will ever be confirmed again by this Senate for any nominees by this President to replace one of the pro-Roe Justice, or any anti-Roe ones for that matter. In fact, this might light a fire under the Speaker to work toward impeachment.

To take a left turn here: a political compromise is still possible on this issue. Congress has the power to change the affective start of citizenship under the 14th Amendment - which would have been the preferred way to ban partial birth abortion, and any other late term procedure. Of course, the Respondents in this case did not give me leave to file an Amicus, or I would have said that (which is probably why they did not). Most importantly, it is possible to greatly reduce the number of abortions through the enactment of a living wage and through moral leadership in paying one or in mandating that one be paid irregardless of the law.

Of course, abortion and taxes are too potent for political fundraising to ever be a ground for compromise. More's the pity (which is why campaign finance reform is so essential).