April 24, 2006

Cass Sunstein: Ponnuru “may be right.” (Or maybe not.)

Over at TNR (subscribers only) Cass Sunstein now has his own article on the possible reversal of Roe. Though he concedes that Ponnuru “may be right” about the consequences, he is still hanging on to the CW because 1) Roe’s downfall would mobilize pro-choicers; 2) Republicans believe the CW too.

However, as Ponnuru points out over at NRO, “if pro-lifers adopted an incrementalist strategy in state legislatures — a crucial if, I’ll concede — it is hard to imagine that pro-choicers would be able to prevail. There just aren’t enough supporters of late-term abortion to mobilize.” As to the latter point Ponnuru correctly points out that, “Sunstein is surely right to suggest that many Republicans don’t want Roe to be overturned. But that isn’t necessarily a point in favor of the wisdom of the conventional wisdom; it’s a point in favor of its conventionality.”

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