Justice Anthony M. Kennedy, author of the 5-to-4 opinion in June that struck down the Defense of Marriage Act, may well be a hero to the gay rights community, and deservedly so. But he’s also the author of the 5-to-4 opinion that upheld the federal ban on so-called partial birth abortion back in 2007, and abortion-rights advocates have viewed with something close to dread the prospect that he could play a similarly decisive role in the Supreme Court’s next abortion case.
That case has arrived.
It’s understandable if you haven’t heard of Cline v. Oklahoma Coalition for Reproductive Justice, which has received relatively little attention since the court accepted iton June 27, the day after the term ended. The lack of attention is itself understandable....
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