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  #1  
Old Apr 20, '07, 10:41 pm
cor cor is offline
Junior Member
 
Join Date: January 10, 2007
Posts: 405
Religion: Theist
Default Justices Thomas and Scalia might have voted to strike down the law

had a Commerce Clause objection been raised. It's possible that this law will be revisited and a different result obtained.

http://www.volokh.com/archives/archi...tml#1176959727

"Justice Clarence Thomas, joined by Justice Scalia, wrote an interesting concurrence in yesterday's partial birth abortion case, indicating that he might be sympathetic to a Commerce Clause challenge to the federal partial birth abortion ban that was just upheld by the Court."

But no one -- perhaps fortunately -- raised the Commerce Clause, so Thomas and Scalia voted with the rest of them to uphold the ban.
 

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