{"id":5372,"date":"2006-10-09T12:58:44","date_gmt":"2006-10-09T12:58:44","guid":{"rendered":"http:\/\/blog.beliefnet.com\/viamedia\/2006\/10\/what-would-lincoln-do.html"},"modified":"2006-10-09T12:58:44","modified_gmt":"2006-10-09T12:58:44","slug":"what-would-lincoln-do","status":"publish","type":"post","link":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html","title":{"rendered":"What Would Lincoln Do?"},"content":{"rendered":"

Rick Garnett of ND and Michael Stokes Paulsen of the U. of Minnesota in the Weekly Standard on the application of stare decisis<\/em> to the partial-birth abortion ban:<\/a><\/p>\n

\n
\n

The application of Lincoln’s views to Stenberg<\/em>, and to the Court’s upcoming partial-birth-abortion cases, is clear. Stenberg <\/em>did not reflect "the unanimous concurrence of the judges," but was a hotly contested 5-4 decision from which even Justice Kennedy–who continues to believe that the Constitution protects a right to abortion–vigorously dissented. In addition, and to put it mildly, Stenberg <\/em>is not "in accordance with legal public expectation" and "the steady practice of the departments throughout our history." Rather, it is a still-recent and tendentious departure from prior decisions of the Court. It certainly has not received the approbation of the other departments of government. And this six-year-old decision has not–again quoting Lincoln–been "before the court more than once" or "affirmed and re-affirmed through a course of years."<\/p>\n

Contrary to the ruling in Stenberg<\/em>, nothing in our constitutional text, history, tradition, or structure supports, let alone compels, the conclusion that the American people may not affirm our commitment to decency and human dignity by rejecting partial-birth abortion. Nor does the judicial policy of stare decisis<\/em> shackle the Court to such a horribly wrong precedent–be it Stenberg<\/em> or Dred Scott<\/em>.<\/p>\n<\/blockquote>\n<\/blockquote>\n","protected":false},"excerpt":{"rendered":"

Rick Garnett of ND and Michael Stokes Paulsen of the U. of Minnesota in the Weekly Standard on the application of stare decisis to the partial-birth abortion ban: The application of Lincoln’s views to Stenberg, and to the Court’s upcoming partial-birth-abortion cases, is clear. Stenberg did not reflect "the unanimous concurrence of the judges," but…<\/p>\n","protected":false},"author":180,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-5372","post","type-post","status-publish","format-standard","hentry","category-news"],"yoast_head":"\nWhat Would Lincoln Do? - Via Media<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"What Would Lincoln Do? - Via Media\" \/>\n<meta property=\"og:description\" content=\"Rick Garnett of ND and Michael Stokes Paulsen of the U. of Minnesota in the Weekly Standard on the application of stare decisis to the partial-birth abortion ban: The application of Lincoln’s views to Stenberg, and to the Court’s upcoming partial-birth-abortion cases, is clear. Stenberg did not reflect "the unanimous concurrence of the judges," but…\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html\" \/>\n<meta property=\"og:site_name\" content=\"Via Media\" \/>\n<meta property=\"article:published_time\" content=\"2006-10-09T12:58:44+00:00\" \/>\n<meta name=\"author\" content=\"awelborn\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<!-- \/ Yoast SEO plugin. -->","yoast_head_json":{"title":"What Would Lincoln Do? - Via Media","robots":{"index":"index","follow":"follow","max-snippet":"max-snippet:-1","max-image-preview":"max-image-preview:large","max-video-preview":"max-video-preview:-1"},"canonical":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html","og_locale":"en_US","og_type":"article","og_title":"What Would Lincoln Do? - Via Media","og_description":"Rick Garnett of ND and Michael Stokes Paulsen of the U. of Minnesota in the Weekly Standard on the application of stare decisis to the partial-birth abortion ban: The application of Lincoln’s views to Stenberg, and to the Court’s upcoming partial-birth-abortion cases, is clear. Stenberg did not reflect "the unanimous concurrence of the judges," but…","og_url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html","og_site_name":"Via Media","article_published_time":"2006-10-09T12:58:44+00:00","author":"awelborn","twitter_card":"summary_large_image","schema":{"@context":"https:\/\/schema.org","@graph":[{"@type":"WebPage","@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html","name":"What Would Lincoln Do? - Via Media","isPartOf":{"@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/#website"},"datePublished":"2006-10-09T12:58:44+00:00","dateModified":"2006-10-09T12:58:44+00:00","author":{"@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/#\/schema\/person\/aea2dcda1635c9c2d6030d9c7595725a"},"breadcrumb":{"@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html#breadcrumb"},"inLanguage":"en-US","potentialAction":[{"@type":"ReadAction","target":["https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html"]}]},{"@type":"BreadcrumbList","@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/2006\/10\/what-would-lincoln-do.html#breadcrumb","itemListElement":[{"@type":"ListItem","position":1,"name":"Home","item":"https:\/\/www.beliefnet.com\/columnists\/viamedia"},{"@type":"ListItem","position":2,"name":"What Would Lincoln Do?"}]},{"@type":"WebSite","@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/#website","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/","name":"Via Media","description":"Amy Welborn","potentialAction":[{"@type":"SearchAction","target":{"@type":"EntryPoint","urlTemplate":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/?s={search_term_string}"},"query-input":{"@type":"PropertyValueSpecification","valueRequired":true,"valueName":"search_term_string"}}],"inLanguage":"en-US"},{"@type":"Person","@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/#\/schema\/person\/aea2dcda1635c9c2d6030d9c7595725a","name":"awelborn","image":{"@type":"ImageObject","inLanguage":"en-US","@id":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/#\/schema\/person\/image\/","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-content\/wphb-cache\/gravatar\/9f2\/9f2100183464289fedc5b8a621c15110x96.jpg","contentUrl":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-content\/wphb-cache\/gravatar\/9f2\/9f2100183464289fedc5b8a621c15110x96.jpg","caption":"awelborn"},"description":"Amy Welborn was born in 1960, the only child of a now-retired professor of political science, a teacher-librarian-artist mother,deceased since 2001, was a teacher, librarian and artist. The Catholicism comes from her side. Amy grew up in a number of places - Indiana - Washington, DC - Lubbock Texas - Arlington, Virginia - DeKalb, Illinois - Lawrence, Kansas - and Knoxville, Tennessee, where the family settled in 1973. She attended Knoxville Catholic High School, then the University of Tennessee where she majored in history. She received an MA in Church History from Vanderbilt University, where she wrote a thesis on the changing role of women in 19th century American Protestantism, and the ways Scripture was used to justify those changes. She worked as as a teacher in Catholic high schools and a Parish Director of Religious Education and started writing for the diocesan press - the Florida Catholic - in 1988. Amy has written columns for Our Sunday Visitor and Catholic News Service at times over the past twenty years. Her articles have been published in venues ranging from Our Sunday Visitor to the New York Times to Commonweal. She has written 17 books. 18, if you included the as yet tragically unpublished novel. Amy has five children, ranging in age from 26 to 4 and was married to Michael Dubruiel, who died unexpectedly in February 2009. She lives in Birmingham, Alabama.","url":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/author\/awelborn"}]}},"_links":{"self":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/5372","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/users\/180"}],"replies":[{"embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/comments?post=5372"}],"version-history":[{"count":0,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/posts\/5372\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/media?parent=5372"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/categories?post=5372"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.beliefnet.com\/columnists\/viamedia\/wp-json\/wp\/v2\/tags?post=5372"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}