Notes on the Atrocities
Like a 100-watt radio station, broadcasting to the dozens...

Friday, November 07, 2003  

Empty Horse? That's what a friend of mine suggested the new--and immediately contested--"partial birth" abortion law is. I think he may be right.

The law is so badly-constructed that it seems to practically designed to fail legal review: rather than allowing for the procedure to protect the health of a mother, and rather than using specific clinical language that doctors can understand and implement, drafters instead opted for red-meat language that would satisfy the base. As my friend pointed out, the sharpest minds on the right had to be involved in crafting this bill--it's one of those political rainmakers parties love. So why is it so sloppy?

Maybe it was designed to fail. Had the bill been more carefully worded, legal challenges might do real damage to the anti-abortion crowd. Instead, this legislation isn't designed to become law--it is red meat, thrown to the base to sustain them until, presumably, the Supreme Court turns over. (Perhaps there's a different motive I don't see.)

It's an interesting theory. If it's not true, you have to ask the question: why was this legislation so bad?

posted by Jeff | 7:30 AM |
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