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Friday, April 02, 2004

Constitutionality, anyone? 

I was listening to Air America this morning (for about 3 minutes) and they were talking about how Bush signed that fetal crime bill. Now, I'm not positive that this is a terrible blow for abortion rights--if the Supreme Court wants to strike down Roe, they could use this as part of their reasoning, but if they wanted to strike down Roe, they could do it without this law. It just depends on the justices.

Anyway, my question is this: How is this bill constitutional if the Violence Against Women Act isn't? Now, I haven't really thought about this, so maybe there's an obvious answer I just haven't seen. Can anyone help me here? I'd like an answer from one of our conservative judicial clerk readers, whether based in Chicago or Charlottesville. I'd also like an answer from a non-Federalist Society member. I know that's asking a lot, as I want two different answers and it's not clear to me that we even have two unique readers. Answers in comments, please.
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