Abortion Constitutionality Court cases

Eighth Circuit Relies on Chief Justice Roberts’s Opinion in Arkansas Abortion Case

Here is a link a story in the National Law Journal about a decision from the United State Court of Appeals for the Eighth Circuit. The appellate court relied on Chief Justice Roberts’s opinion in June Medical. Roberts’s vote was the controlling factor in June Medical and he endorsed a view of the undue burden standard that is more likely to result in laws regulating abortion being held constitutional.

The Eighth Circuit ruling lifted a trial court injunction against four Arkansas laws and returned the case to the lower court to consider the Arkansas laws under the standard set forth in Roberts’s opinion.

“The four Arkansas laws are: the Arkansas Unborn Child Protection from Dismemberment Abortion Act; the Sex Discrimination by Abortion Prohibition Act; an amendment concerning the disposition of fetal remains, and an amendment concerning the maintenance of forensic samples from abortions performed on a child.”

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.