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Journal pudge's Journal: Best Opinion Evar 1

This is the entire concurring opinion, apart from some citations removed for readability.

Justice Thomas, with whom Justice Scalia joins, concurring.

I join the Court's opinion because it accurately applies current jurisprudence, including Planned Parenthood of Southeastern Pa. v. Casey. I write separately to reiterate my view that the Court's abortion jurisprudence, including Casey and Roe v. Wade, has no basis in the Constitution. I also note that whether the Act constitutes a permissible exercise of Congress' power under the Commerce Clause is not before the Court. The parties did not raise or brief that issue; it is outside the question presented; and the lower courts did not address it.

OK, maybe not the best, but it's short, to the point, and I agree with it.

And I'd just like to point out that Ginsburg's note that "liberty finds no refuge in a jurisprudence of doubt" rings a bit hollow when she is defending the arbitrary killing of what nearly everyone agrees is a human being (that is, a ninth-month-old "fetus"). Liberty, my ass.

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Best Opinion Evar

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