Big news today in the upholding by the U.S. Supreme Court (in a 5-4 decision) of the federal partial-birth abortion ban, but maybe not so big in its real implications at this point. Some good instant analysis is offered at the Scotusblog.

Kennedy wrote the opinion, which is something of a shocker, but he seems to maintain in it that the Court’s existing abortion jurisprudence is not upset by this decision — i.e., that there was room for this narrow ban on one specific procedure. Therefore, no great revolution has taken place. However, I think today’s result does underline the fact that with one more good appointment to the Supreme Court, there likely would be something of a revolution. (Or, more accurately, an undoing of the previous revolution.)

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