U.S. Supreme Court
May 15, 2007
Judges Know Best
Forum Column – By Erwin Chemerinsky and Catherine Fisk – The U.S. Supreme Court has adopted a radically different approach for scrutinizing abortion laws and has clearly signaled that five justices are ready and willing to uphold far more government regulation of abortions.
Erwin Chemerinsky
Dean and Jesse H. Choper Distinguished Professor of Law, UC Berkeley School of Law
Erwin's most recent book is "Worse Than Nothing: The Dangerous Fallacy of Originalism." He is also the author of "Closing the Courthouse," (Yale University Press 2017).
Catherine L. Fisk
Professor, UC Berkeley School of Law
Email: cfisk@berkeley.edu
UC Berkeley SOL; Berkeley CA
By Erwin Chemerinsky and Catherine Fisk
The U.S. Supreme Court's April 18 decision upholding the federal law that prohibits so-called "partial-birth abortion" - Gonzales v. Carhart, 127 S.Ct. 1610 (2007) - was a dramatic change in abortion-rights law. Although Justice Anthony M. Kennedy's majority opinion pretends that the court was following precedent, it was doing nothing of the sort.
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