The news media is inaccurately portraying the ruling upholding the ban on partial birth abortions as being a victory for the pro-life movement. If you read the decision, (via Volokh), the ban was upheld because it did not impose an “undue burden.” The ruling leaves the Casey precedent intact - a precedent that accepts Roe and simply sets some boundaries on the “right” to abortion emanating from the penumbra of privacy. Both Alito and Roberts were with the 5-4 majority. Several “liberal” justices were in dissent because they believed that there was not an undue burden at all. Support for Roe is now a super-majority.

My colleagues here at Naked Villainy will recall that your humble Smallholder predicted this during the nomination process. Both men were precedent monkeys. Some pro-lifers hoped that once Bush’s picks were on the highest court, they would feel comfortable challenging precedent. Evidently not.

The question is whether the pro-life movement will be fooled by the shallow news reports and celebrate a victory or whether they will realize the extent of the Bush White House’s betrayal of core conservative principles.