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President Bush’s recent appointees Chief Justice John G. Roberts Jr. ’76 and Justice Samuel A. Alito Jr. did not join in the Thomas concurrence, hinting that they may stand with the liberal-to-moderate justices of the court in supporting the controversial premise of the right to abortion. (However, some commentators have pointed out that Roberts and Alito may have felt that a case dealing specifically with IDX was not the right time to unveil their entire abortion jurisprudence...
...Staff writer Samuel P. Jacobs can be reached atjacobs@fas.harvard.edu...
...Samuel P. Jacobs contributed to the reporting of this story...
This first abortion case for Chief Justice John G. Roberts Jr. ’76 and Justice Samuel A. Alito Jr. is the first time the Supreme Court has supported a ban of any abortion method or barred a specific medical procedure. Despite being couched in the language of decisions past, the ruling in fact ignores the spirit of decades of precedent in order to set its own, dangerous, one. From here, there can be no question of the court’s intended direction, succinctly, albeit chillingly, put by the author of the majority opinion, Justice Anthony M. Kennedy...
CORRECTION: Yesterday’s editorial “An Abortive Decision” said that last week’s decision in Gonzales v. Carhart was the first abortion case for Chief Justice John G. Roberts Jr. ’76 and Justice Samuel A. Alito Jr. In fact, Chief Justice Roberts sat on the Court when it decided Ayotte v. Planned Parenthood in January 2006. The Crimson regrets the error...