By the logic that a judge should be assessed by the results of his decisions and not by his judicial reasoning, the anti-Alito forces should at least acknowledge that Alito recently upheld the constitutionality of partial birth abortion. His reason? He was following Supreme Court precedent. So is he therefore pro-partial birth abortion? The answer is: we don’t know from the case. Volokh has the details. Somehow I don’t see Planned Parenthood celebrating Alito’s upholding of a constitutional right to abort an unborn child very late in the pregnancy. But by their own reasoning, why not?


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