The papers of the late Supreme Court Justice Harry A. Blackmun, author of the majority decision in Roe v. Wade, were made public yesterday. The most newsworthy bits of Blackmun's papers involved his notes regarding Justice Anthony Kennedy's defection from the pro-life position after hearing the Planned Parenthood v. Casey case in 1992.

"I need to see you as soon as you have a few free moments," Kennedy wrote to Blackmun as the never-to-be-delivered ruling overturning Roe was being penned. "I want to tell you about a new development in Planned Parenthood v. Casey, and at least part of what I say should come as welcome news."

The news was not so welcome for pro-life advocates. With all but one of the Supreme Court Justices apointed by Republicans, it seemed that there would never be a better chance to return the question of abortion back to the states then 1992.

It's simplistic to brand Justice Kennedy as the lone villain in this story. It's worth noting that all of the justices voting to uphold Roe were Republican apointees--Blackmun (Nixon), Stevens (Ford), O'Connor (Reagan), Kennedy (Reagan), and Souter (Bush).

Republicans don't have the litmus test on abortion that Democrats accuse them of having. The charge is projection on the part of liberals. Though after witnessing missed opportunities over the past several decades, some pro-lifers may start wishing that Republicans more closely resembled the "litmus test" caricatures that Democrats paint.