Here is a link to a short item from Ed Whelan about the oral arguments in the Texas Heartbeat case. Whelan links to other articles discussing the arguments, including two long posts by Stephen Sachs. UPDATE: Here is a link to another piece by Whelan. The more recent piece also includes a link to a […]
Category: Abortion
Here is a link to a good essay in Public Discourse by Daniel Lipinski. He discusses the Women’s Health Protection Act, which was recently passed by the House. Lipinski explains that this radical, pro-abortion bill may come back to haunt the Democratic Party. Here is his concluding paragraph: “As the Democratic Party moves further into […]
Here is a link a story from Scotusblog about the Court’s new orders in the Texas Heartbeat case. The Court will hear oral argument in the Texas case on November 1, 2021. The Court did not grant the petition asking the Court to decide whether to overrule Roe and Casey, an issue that is certainly […]
Here is a link to a good essay in Public Discourse by Richard Stith on the Dobbs case. Stith argues that in overruling Roe the Court ought not to rely on the personhood argument. Rather, he argues, “the Court could say that it need not reach and decide the question whether the unborn child actually […]
Here is a link to a Scotusblog report on yesterday’s argument in Cameron v. EMW Women’s Surgical Center. The Kentucky statute bans dismemberment abortions but the Supreme Court arguments were focused on a narrow, albeit important procedural issue. The issue before the Court is–“Whether a state attorney general vested with the power to defend state […]
Here is a link to a good essay in Public Discourse by Charles Camosy. Here’s a bit— “Texas’s refusal to choose between the mother and her prenatal child constitutes a blueprint for the pro-life movement. If Roe and Casey fall, many more vulnerable women across the country will be without the access to abortion our throwaway culture […]
Here is a link to a good essay in Public Discourse by Justin Dyer. Pro-lifers know that Justice Blackmun’s opinion in Roe v. Wade relied upon a terribly mistaken history of abortion. Blackmun’s historical account has been refuted so many times that it is somewhat surprising that the same arguments are being made on the […]
Here is a link to a recent essay by John Finnis and Robert George. The essay is a response to a paper by Aaron Tang. In a recent paper, Tang argued that pro-life advocates (such as Finnis and George) have inaccurately described the historical record about the number of states that prohibited abortion in 1868 […]
Here is a link to a good essay by Mary Ann Glendon and Carter Snead entitled “The Case for Overturning Roe.” The essay is in National affairs. Here is their conclusion: “Nothing in the Constitution or the Court’s role requires such a deleterious framing of the complex human relationships at stake. The Court has no […]
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Stephen Gilles on Dobbs
Here is a link to an amicus brief filed by Professor Stephen Gilles. Gilles argues that the Court ought to overrule Roe and Casey. Gilles notes that this outcome would be clear under the Glucksberg Court’s approach to identifying fundamental rights. Glucksberg emphasized “history and tradition” and under such an approach there is no way […]