Earlier this year, Shabaz upheld that law. And just last month, in a 5-4 majority opinion by Judge Frank Easterbrook, the Seventh U.S. Circuit Court of Appeals sustained Shabaz. Easterbrook's meticulously argued ruling has been poorly reported in the mainstream media. Abortions are not that ugly, he concludes. The baby is an enemy.
Abortion is our best defense.
Needless to say, we are convinced that Posner is wrong and that Shabaz and Easterbrook are right. With last month's Seventh Circuit ruling, the federal appellate courts have badly split over the constitutional issues raised by partial-birth abortion. The Supreme Court is now obliged to step in and resolve this split. All of which is a bad omen.