I haven’t yet posted on last week’s decision because I don’t know what to think of it

But above is Judie Brown’s very insightful commentary. I commented on her blog, and she responded.

I really don’t think this decision does very much.

I don’t like how it is all based upon the Justices’ “medical diagnosis,” how they’re continuing to usurp not just the right to legislate but the right to make medical decisions, as well.

However, as I posted on Judie’s blog, I see one bright point. A few years ago, Norma McCorvey and Sandra Cano sued a few years ago to have “their” verdicts overturned on the grounds that the facts showed the verdict to be wrong. As I recall, Kennedy was the justice in charge of whether the SC heard the case, and dismissed it. I also recall blogging about it rather heatedly.

Anyway, this decision says that the federal ban pashed by Bush meets and slightly alters the standards set in the _Nebraska_ decision, because the medical facts are different (or at least were presented differently to the Court). The Court ruled that the procedure commonly known as “partial-birth abortion” (which is just one form of late-term abortion) is never medically necessary, because there are other ways to kill the baby. However, they still acknowledged that a previous precedent can be modified by different facts.

To me, this seems that it’s a precedent for McCorvey and Cano to re-present their cases to the Court.

Of course, as anyone who knows the Constitution (and this blog) should be aware, the Constitution gives Congress the right to limit the jurisdiction of the federal (and Supreme) courts.
The Republicans could have settled the whole abortion issue totally by passing a law banning the federal courts from ruling on abortion cases. That would have nullified _Roe_ and all subsequent decisions, but they didn’t do it. In the Schiavo case, of course, they *used* that constitutional power to tell the courts *to* hear the Schiavo case, and the courts defied Congress. Threats of charging the relevant judges with contempt of Congress were met with a backlash from the liberals, and the milquetoast Republicans backed down. (Most of these events were discussed here when they happened; I simply don’t ahve time right now to cite all these things).

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