I'm no familiar with Vermeule, but it seems from what I read here that his idea of "higher good" would run afoul of the establishment clause. I do think the court would be hypocritical enough to allow a federal ban on abortion, but again I think a suit based on the establishment clause could win. I guess we'll see.
I'm no familiar with Vermeule, but it seems from what I read here that his idea of "higher good" would run afoul of the establishment clause. I do think the court would be hypocritical enough to allow a federal ban on abortion, but again I think a suit based on the establishment clause could win. I guess we'll see.