Monday, July 25, 2005

Overturning Roe & Roberts

A couple of weeks ago, I opined on the merits of overturning the Roe v. Wade decision, which prompted an interesting and instructive dialog with the Listless Lawyer. In light of the Roberts nomination to the court, Jack Balkin has an interesting take on the question and what he thinks will be the future mainstream conservative position on Roe v. Wade. I'm not sure I agree because I'm not sure what exactly is meant by "mainstream conservative." The religious right? They would never accept such a view, though I tend to think abortion is losing steam as a rallying cry so I could be wrong on that. But it's an interesting viewpoint.

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