Abstract
The Roberts Court has begun its 2006-07 session, and already on the docket are hot-ticket cases that include its reconsideration of the grisly practice known as partial-birth abortion. Garnett and Paulsen contend that contrary to the ruling in Stenberg, nothing in the constitutional text, history, tradition, or structure supports, let alone compels, the conclusion that the American people may not affirm the commitment to decency and human dignity by rejecting partial-birth abortion. Nor does the judicial policy of 'stare decisis' shackle the Court to such a horribly wrong precedent--be it Stenberg or Dred Scott.