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View Diary: The SCOTUS Is Extraordinary: The Right To Choose (191 comments)

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  •  Not strong enough on undue burden. (none)
    In 2000, he was part of the dissent in STENBERG V. CARHART, and specifically found that Nebraska's prohibiting "partial birth" abortions did not place an undue burden on a woman's right to choose.

    Stenberg is an ugly decision both on its facts and in its jurisprudence.  (Only Justice Souter didn't write his own opinion....)  But a reading of Kennedy's dissent discloses a few problems, especially re: state's rights.

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