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Gonzales v. Carhart and the Hazards of Muddled Scrutiny

By Alliance Alert

Journal of Law and Policy: "Yet, for all the differences in tone and focus, it appears that Carhart ultimately does not so much reject Lawrence as highlight an implicit weakness in its approach to protecting privacy rights. Carhart, after all, ultimately upholds the ban on ?partial-birth abortions? not by denying that abortion is a constitutional right, but by finding the state's imposition on that right to be reasonable. Lawrence had left the door open to just such limitations when it carefully carved out the question of marriage and other state laws conferring ?formal recognition? on same-sex families."

Full post as published by Constitutionally Correct on June 17, 2009 (boomark / email).