Abortion Constitutionality

6th Circuit Upholds Tennessee Law Requiring a 48 Hour Waiting Period Before an Abortion

Here is a link to a LifeNews story on a recent decision by the United States Court of Appeals for the Sixth Circuit. The court, by a 9-7 vote, upheld the constitutionality of a Tennessee law requiring a 48 hour waiting period before a woman may obtain an abortion.

The Sixth Circuit applied the under burden test the Supreme Court had adopted in Casey. In recent years, courts have disagreed about the meaning of the undue burden test. Importantly, the Sixth Circuit used Chief Justice Roberts’s understanding of the undue burden test, which he set forth in his opinion in the June Medical case.

Here is a link to the opinion.

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.