Back to the people's court

The pending confirmation of Samuel Alito to the Supreme Court offers a glimmer of hope | Hugh Hewitt

"Liberty finds no refuge in a jurisprudence of doubt." That line opened the opinion of Justices O'Connor, Kennedy, and Souter in the 1992 case of Planned Parenthood v. Casey, a decision that gutted the absurd reasoning of Roe v. Wade but left undisturbed a woman's right to abortion in almost all circumstances. Justice Kennedy's vote surprised most observers, as he had been thought a proponent of overturning Roe completely.

Eight years later, in the case that struck down Nebraska's law restricting the practice of partial-birth abortion, Justice Kennedy was himself a victim of the jurisprudence of doubt, sputtering that the five-justice majority, which again included Justice O'Connor, had retreated on its commitment in 1992 to allow the states their constitutional role in regulating abortion.

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