Wednesday, January 18, 2006

Well Surprise Surprise

The ruling for the NH abortion law is down from the Supreme Court, and I don't think anyone is shocked what it is coming from the Roberts Court. The law is upheld, but I think there are two surprises here.

The Supreme Court ruled unanimously Wednesday that a lower court was wrong to strike down New Hampshire abortion restrictions, but steered clear of a major ruling on the volatile issue.

The opinion was written by retiring Justice Sandra Day O'Connor, a key swing voter at the court on abortion whose retirement could start soon if the Senate confirms nominee Samuel Alito.

The New Hampshire case had been expected to be much closer at the high court.

But instead, justices ruled narrowly. They said a lower court went too far by permanently blocking the law that requires a parent to be told before a daughter ends her pregnancy.

That's right, it's unanimous. It's also a narrow ruling, so no major upheavels yet. Nor do I expect there to be until Alito is on the court, and even then I think they are going to proceed down the wise path of quietly eviscerating Roe without overturning it.