[MissouriConservative]

Some of the most brilliant statements I've ever seen.....

Because I do not believe that the meaning of our Eighth Amendment, any more than the meaning of other provisions of our Constitution, should be determined by the subjective views of five Members of this Court and like-minded foreigners

But the Court having pronounced that the Eighth Amendment is an ever-changing reflection of "the evolving standards of decency" of our society, it makes no sense for the Justices then to prescribe those standards rather than discern them from the practices of our people. On the evolving-standards hypothesis, the only legitimate function of this Court is to identify a moral consensus of the American people. By what conceivable warrant can nine lawyers presume to be the authoritative conscience of the Nation?

We need not look far to find studies contradicting the Court's conclusions. As petitioner points out, the American Psychological Association (APA), which claims in this case that scientific evidence shows persons under 18 lack the ability to take moral responsibility for their decisions, has previously taken precisely the opposite position before this very Court. In its brief in Hodgson v. Minnesota, 497 U. S. 417 (1990), the APA found a "rich body of research" showing that juveniles are mature enough to decide whether to obtain an abortion without parental involvement.

That last one will, hopefully, be picked up by pro-life forces....the Supreme Court, whether it liked it or not, has now given ammunition to the pro-life groups. People under 18 do not have, now, the state of mind to decide whether or not they should have an abortion. This is truly a black day for those who wish to kill unborn children.

[JCEccles]

Supreme Court, whether it liked it or not, has now given ammunition to the pro-life groups.

Sadly, I think you underestimate the creativity of the liberal majority on the Supreme Court. These five unelected lawyers decide what feels right to them first and only then craft a decision to make it work.

It is entirely possible for the Supreme Court to hold fast to two or more inherently contradictory positions at the same time.

[wouldntbprudent]

YES! The pro-life movement needs to get in there quickly and often, arguing exactly this: that minors don't have the maturity to decide to have an abortion without parental notification.