David Brooks and Justice Kennedy

Much of the discussion about the possible elevation of Judge Kavanaugh to the Supreme Court has centered on whether Roe v. Wade would be overturned. In fact, as Justice Blackmun emphasized in Planed Parenthood v. Casey, Roe has already been partially overturned. But the Court in Casey affirmed what it characterized as the central holding of Roe. Specifically, it recognized that states could not criminalize a women’s decision to have a pre-viability abortion, and it declared that a state could criminalize post-viability abortions except those that endangered the life or health of the mother. David Brooks has previously been sharply criticized for his views on abortion (see here.)(Brooks’s views) and https://www.cnn.com/2018/02/06/opinions/who-david-brooks-leaves-out-of-his-abortion-argument-drexler/index.html and https://medium.com/planned-parenthood-action-fund/a-memo-in-response-to-the-abortion-memo-e344609f2b57 The criticisms, particularly the Planned Parenthood…

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