Wednesday, March 02, 2005

Dana Milbank on Roper v. Simmons

Dana Milbank, writing in the New Republic (subscription required), is concerned that the ruling outlawing the execution of minors will end up curtailing their abortion license. He writes that "Anthony Kennedy's majority opinion could well provide a legal opening to those who want to restrict the rights of minors--particularly in the realm of abortion."

We don't think Mulhauser got the irony intended in Scalia's dissent. Here's the money quote: "It is hard to see . . . [w]hether to obtain an abortion is surely a much more complex decision for a young person than whether to kill an innocent person in cold blood."

We're not too happy about the decision. For one thing, we don't see this court
shifting their pro-abortion stance as a result of it. The justices are completely content to apply their evolving moral standards in any way they see fit -- they won't be bound as much by logical consistency as they will by political fashions and trends among the elites both here and in Europe. Second, the proper place to decide about the death penalty is in the legislature, not in the courts. This just further extends their rule.

Hat tip: Mike Aquilina
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