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Religion & Law

: Constitutionally Correct

Judicial Restraint: A Simpler Speculation as to Why Roberts and Alito Did Not Join Thomas in Carhart II

By Alliance Defense Fund

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A perhaps simpler speculation, one which is arguably most consistent with R&A's careers and Senate testimony, is that R&A were guided by an attitude of judicial restraint: there is no need to declare on Roe/Casey itself if Justice Kennedy's opinion resolves the dispute before the Court. The same thing happened in Webster . . . ...(read more)

Full post as published by Constitutionally Correct on April 20, 2007 (boomark / email).

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