The abortion rider

Fortunately, you won’t be getting yet another interminable abortion post from me; instead, I can direct you to Julie Saltman, who points out that the recent abortion rider attached to the omnibus bill is clearly unconstitutional under current doctrine, and also eloquently attacks the self-destructive myth that returning abortion to the legislatures will diffuse the underlying conflict.

The only thing I’ll add to the last point is that it’s part of a larger self-destructive meme: the liberal tendency to go along with the general perception that courts are havens of “liberal activism.” It’s a really remarkable triumph of conservative discourse. There hasn’t been a liberal median justice on the Supreme Court since Abe Fortas retired in 1969, and yet apparently conservatives are supposedly benefiting from the activist decisions of the liberal Supreme Court. Sure.