At the 2008 UFL conference at Marquette, Sam Calhoun presented a critique of the 2007 Supreme Court decision in Gonzales v. Carhart. An expanded version of that paper has just recently been published in the Mississippi Law Journal. The article is entitled “”Partial-Birth Abortion’ is Not Abortion: Carhart II’s Fundamental Misapplication of Roe” and it is available at 79 Miss. L. J. 775-829 (2010).
The title gives a good idea of the basic argument. Sam contends that a “partial-birth abortion” is not in reality an abortion and that accordingly Roe v. Wade does not apply. Because the right to abortion is not implicated, bans on “partial-birth abortions” ought to be subject to and upheld under the rational basis test.
Sam’s article is well worth a careful reading.
Richard M.
Richard Myers
Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues.
Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew. http://www.avemarialaw.edu/index.cfm?event=faculty.bio&pid=11705E7D4E0111010366
