I expect it is in the minds of many, but so far there has been only marginal public comment on the fact that all five in the Carhart majority are Catholics. What can one say? Know-Nothings of the world unite? It is not a peculiarly Catholic perception, but it is an emphatically Catholic perception, that legitimate law cannot be divorced from morality. And in this constitutional order of representative democracy, the relationship between moral judgment and law is best expressed by the legislature.
Justice Kennedy’s opinion for the majority certainly relies on the commonsensical (and not particularly Catholic) morality of revulsion to show how a legislature might reasonably reject partial-birth abortion (or, if you must, intact D & E). Neuhaus notes:
Quite apart from specific decisions of the Court, the focus on partial-birth abortion has been a great success in educating the public to the reality of unborn life and the horror of abortion. In the dissent, Justice Ginsburg objects that the moral repugnance triggered by partial-birth abortion is true of all abortions. Precisely.
I’ll leave it at that for now.