XRLQ & Patterico both think that the Supremes will overturn yesterday's partial-birth abortion ban -- for very different reasons. Both think the other's reasons wrong, near as I can tell. I think they are both right/wrong and that the Supremes will defer to Congress and uphold.
Posted by Kevin Murphy at October 22, 2003 12:57 PM | TrackBackActually, no, I don't disagree with Patterico's analysis. I just think it's incomplete.
Posted by: Xrlq at October 22, 2003 05:31 PMAs I read your post, you start out agreeing with him but by the time you get done, you say you believe it would be upheld except for 10th Amendment grounds adding a few NO votes -- which seem to me to say that you think his analysis (that it will fail outright on other grounds) is wrong.
Posted by: Kevin Murphy at October 22, 2003 05:38 PMI don't think Xrlq's analysis is wrong. As I said on my site, I think it's a plausible argument, but open to question as to how the Court would actually rule, given the conflicting precedents. I will, for now, defer to Xrlq's Commerce Clause expertise. I could go read Lopez and Morrison again, but I don't really have time to now.
As to whether he disagrees with my non-Commerce Clause analysis, I'll let him speak to that -- but I hadn't read his post as a rejection of my argument, which I thought he called convincing (as far as it went).
Posted by: Patterico at October 22, 2003 08:44 PM