Eminent Domain

I spotted this on Bench Memos and it reminded me a lot of yesterday's quote...

[B]y foreclosing all democratic outlet for the deep passions this issue arouses, by banishing the issue from the political forum that gives all participants, even the losers, the satisfaction of a fair hearing and an honest fight, by continuing the imposition of a rigid national rule instead of allowing for regional differences, the Court merely prolongs and intensifies the anguish [initiated by Roe v. Wade]. We should get out of this area, where we have no right to be, and where we do neither ourselves nor the country any good by remaining.

Justice Scalia, Planned Parenthood v Casey, dissenting.

Today is one of, if not the biggest, day of the term so far at the Supreme Court. The Court will hear oral argument in Gonzales v Carhart and Gonzales v Planned Parenthood, the two partial birth abortion ban cases. The Court is making the audio of the oral argument available, but I'm not sure when I will get to listen to it (or read the written transcript). I will be going to court in about 20 minutes, then going to class, then going out to dinner. Hopefully, I can find the time somewhere between classes. These cases will tell us a lot about the future of the Roberts Court.