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All Eyes on Kennedy in Court Debate On Abortion

Publication Date: 
November 08, 2006
Washington Post
Charles Lane

"Washington Post" quotes Supreme Court Litigation Clinic Co-Director and professor Pamela S. Karlan.

If he is the fifth vote, which is the conventional wisdom, we have to come up with something that explains why this case isn't like Stenberg v. Carhart ," the 2000 case striking down a state ban, in which Kennedy dissented, said Stanford University law professor Pamela S. Karlan, who co-wrote a friend-of-the-court brief for California doctors opposing the ban."If it weren't abortion, his opinion in the Oregon case would apply," said Karlan, who co-wrote the brief. "The hard thing in partial-birth abortion is that he has a visceral feeling and has already expressed distaste for the procedure."