Thursday, April 19, 2007

Dr. Kennedy and the Indecisive Woman

by shamanic

I've long had a writerly crush on Slate's legal correspondent Dahlia Lithwick, but yesterday's report on Gonzales v. Carhart left me positively swooning. Here's the opening, but don't miss the blistering conclusion, Hamlet comparison and all:
The key to comprehending the Supreme Court's ruling today in Gonzales v. Carhart upholding the federal partial-birth abortion ban is a mastery not of constitutional law but of a literary type. Justice Anthony Kennedy's majority opinion is less about the scope of abortion regulation than an announcement of an astonishing new test: Hereinafter, on the morally and legally thorny question of abortion, the proposed rule should be weighed against the gauzy sensitivities of that iconic literary creature: the Inconstant Female.

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