FALLING INTO THE TRAP

FALLING INTO THE TRAP. Jeffrey Rosen has a detailed argument on behalf of the "compromise" position that John Roberts seemed to be urging at oral argument in the "partial birth" cases last month. Rosen claims that "[I]f Roberts can persuade his colleagues to embrace this compromise, he would disappoint liberal and conservative extremists. But the country as a whole could breathe a sigh of relief." But his defense of the position raises more question than it answers.

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