Gonzales v. Carhart

I agree with the outcome of yesterday's decision. I think partial birth abortion should be outlawed. I think under current law, and current understanding of the Constitution, it was the right decision.

However, if like me, you believe that abortion is ultimately a political issue, that should be decided by the individual states, then you have to align yourself with Justice Thomas's opinion rather than Justice Kennedy's.

Justice Thomas all but said: "Come up with a case challenging this law based on the Commerce clause, and I'll vote to strike it."

As has been noted elsewhere, this particular case places the parties in an unusual position. Pro choicers are usually people who believe in an expansive understanding of the Commerce Clause, and pro lifers are usually people who support a restrictive understanding of the Commerce Clause. However an expansive understanding of the Commerce Clause supports this case, and a restrictive understanding undermines this case.