The Public Policy
Justice Kennedy Documents the Horror
It took more guts to issue yesterday's ruling than many realize.
(Page 2 of 2)
Justice Kennedy defers to those precedents more than I would wish. Nevertheless, in this, his latest opinion, he is scrupulous in setting out the complete record documenting the existential realities of partial birth abortion.
It remains to be seen if he will conform his jurisprudence to real life. But for now, at least, Justice Kennedy deserves our praise for his landmark decision and his unflinching description of what is at stake.
This decision will not make a significant dent in reducing the 1.3 million abortions performed each year in the United States, 85 to 90 percent of which occur in the first trimester of pregnancy. But drawing a line between abortion and something very close to infanticide, at almost the very moment of birth, is no small thing. The forces promoting unlimited abortion, on demand, for all nine months of pregnancy, will have to content themselves with that dark achievement for the time being.
About the Author
G. Tracy Mehan, III served at the U.S. Environmental Protection Agency in the administrations of both Presidents Bush. He is a consultant in Arlington, Virginia, and an adjunct professor at George Mason University School of Law.
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