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...whole, the claim that the Court is moving toward a reversal of the principles set forth in Roe and Casey is largely unfounded. The only justices who call for a reversal of Casey and Roe are Justices Antonin Scalia and Clarence Thomas (both have long made their views on the matter clear...

Author: By Nikhil G. Mathews | Title: Abortionists Crying Wolf | 4/24/2007 | See Source »

...procedure even when necessary to protect a woman's health. But the decision could have been worse for supporters of abortion rights. The court said a woman could still challenge the law by showing that she would get sick without the procedure. And while Justice Clarence Thomas, with Antonin Scalia, wrote separately that the right to abortion shouldn't exist, the court's two new Bush-appointed members--John Roberts and Samuel Alito--didn't join them. That may bode well for the future of Roe v. Wade...

Author: /time Magazine | Title: LAW: Supreme Abortion Ban | 4/19/2007 | See Source »

...intact D&E" - the controversial process of removing the fetus whole (hence the phrase partial birth) - but also standard D&E, which involves removing the fetus in pieces. Together, the procedures account for most second-trimester abortions. But Kennedy, writing for the court majority of himself, Clarence Thomas, Antonin Scalia, John Roberts and Samuel Alito, said the statute was plenty precise, especially since a doctor couldn't violate it without "intending" to perform an intact D&E. And since there are lots of other abortion methods, Kennedy explained, banning this one wouldn't be much of a burden...

Author: /time Magazine | Title: The Court's Pro-Choice Silver Lining | 4/18/2007 | See Source »

...choice crowd possibly find pleasing here? Well, for what it's worth, Justice Ruth Bader Ginsburg wrote a very compelling dissent, joined by three of her liberal colleagues, Stephen Breyer, John Paul Stevens and David Souter. It's as fiery as anything turned out by conservative rabble-rouser Antonin Scalia, probably the court's best writer. She dismisses the majority's logic as "bewildering," the product of old men out of touch: "This way of thinking reflects ancient notions about women's place in the family and under the Constitution - ideas that have long since been discredited...

Author: /time Magazine | Title: The Court's Pro-Choice Silver Lining | 4/18/2007 | See Source »

...court's two Bush appointees - Chief Justice John Roberts and Justice Samuel Alito - stand on Roe v. Wade, and when given the chance to repudiate it in this case, both justices declined. That opportunity came in the form of a separate opinion that Justice Clarence Thomas wrote and Scalia joined but both Roberts and Alito did not endorse - a concurrence that not only supports the majority, but goes so far as to say there shouldn't even be a constitutional right to abortion...

Author: /time Magazine | Title: The Court's Pro-Choice Silver Lining | 4/18/2007 | See Source »

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