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Hmmm….I don’t know. On the partial birth abortion issue, I’m not sure I would expect Kennedy to side with the precedent to which he strongly dissented. I can see the point about Congress defying the majority opinion of the Court, but it’s not as though they ignored the basis of it: they included discussion indicating that they considered the exemptions to be medically unnecessary. It seems clear that they set this up as a challenge to reconsider the opinion on that basis.
Hmmm….I don’t know. On the partial birth abortion issue, I’m not sure I would expect Kennedy to side with the precedent to which he strongly dissented. I can see the point about Congress defying the majority opinion of the Court, but it’s not as though they ignored the basis of it: they included discussion indicating that they considered the exemptions to be medically unnecessary. It seems clear that they set this up as a challenge to reconsider the opinion on that basis.