Marcus on Kennedy

WaPo's Ruth Marcus has a withering critique of the Supreme Court's recent ruling on partial birth abortion. I find many of her points telling, especially the federalism and the stare decisis questions. But I come away feeling even more keenly that these issues should not be decided by a handful of Justices. The nuances here - the medical, moral, psychological questions - are best left to legislatures, and the men and women who elect them. I'd support a legislative debate on partial birth abortions, and most abortions after the first trimester. The kind of arguments Marcus makes deserve wider discussion than the genuinely anguished, if confused, writings of Anthony Kennedy.