Tuesday, April 24, 2007
Regret and the Constitution
Is potential regret constitutionally significant? Reflecting on the majority opinion in Gonzales v. Carhart, Andy Koppelman wonders why it is relevant that women might come to regret their abortions:
[W]hat is the major premise of this argument? That constitutional liberties can be restricted if it sometimes happens that someone regrets exercising the liberty in a given way? It's hard to imagine any liberty that no one ever regrets. Some people who criticize actions of the government later wish that they had kept their mouths shut. Some criminal suspects regret that they didn't confess everything when the police first interrogated them. Some of the slaves freed by the Thirteenth Amendment were old and infirm, and some of them probably regretted leaving the plantation.
It is hard to imagine the boundaries of this principle as Kennedy has stated it. He cannot possibly mean it. One can only hope that, at some point, contemplating what he has written, he regrets it.
https://mirrorofjustice.blogs.com/mirrorofjustice/2007/04/regret_and_the_.html