THE WAR OF STRATEGIC DEFERRALS.An interesting article by Warren Richey about whether the Supremes will "trim" the appalling Military Commissions Act. My guess, as Richey suggests, is that the Court will do pretty much nothing -- Justice Kennedy invited Congress to act, and it did.
VERDICT: STILL HOPELESSLY ARBITRARY. The Canadian lawblogger Pithlordattempts to answer the (to me, completely unanswerable) question of how advocates of criminalizing abortion can justify excluding women who obtain abortions entirely from criminal sanctions:
WHO CARES WHAT ANTHONY WOULD DO?Amanda Marcotte calls our attention to this excellent piece by Stacy Schiff, who debunks claims that Susan B. Anthony was a supporter of abortion bans. I find it particularly interesting because Anthony was able to ask questions about whether abortion bans actually accomplish anything even if you agree with the end of inhibiting abortions, a distinction which eludes most contemporary opponents of abortion rights.
CAN THIS ARGUMENT BE SAVED? In response to my claim that the exemption of women from punishment under laws banning abortion is fatally incoherent, a commenter here (as a TAPPED commenter did earlier) invokes Ronald Dworkin's argument that abortion is a "cosmic shame" that nonetheless doesn't rise to the level of murder. The commenter says: