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Abortion Constitutionality Court cases

Sixth Circuit Strikes Down Kentucky Dismemberment Abortion Ban

Here is a link to a LifeNews story on today’s decision by the United States Court of Appeals for the Sixth Circuit holding unconstitutional Kentucky’s ban on dismemberment abortions. The decision was 2-1. Judge Bush dissented on the grounds that the abortion clinic that brought the case did not have standing to assert the rights […]

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Abortion Constitutionality Medical abortion

5th Circuit allows Texas to Block Certain Abortions During Pandemic

Here is a link to a Reuters story on the latest developments concerning whether Texas may ban certain abortions during the coronavirus pandemic. Here is a link to LifeNews story describing the 5th Circuit’s (2-1) decision and also summarizing how this issue is playing out in other states around the country.

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Abortion Constitutionality

A Thought Provoking Article by Steven Jacobs on Roe v. Wade

Here is link to a very interesting paper by Steven Andrew Jacobs. The paper is entitled: “The Future of Roe v. Wade: Have Recent Developments Robbed Roe of its Original Justification?” Here is the abstract: “While many legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue Roe v. Wade […]

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Abortion Constitutionality Court cases

Fifth Circuit Allows Texas to Ban Non-essential Abortions during Pandemic

Here is a link to LifeNews story describing the Fifth Circuit ruling. The Fifth Circuit was split 2-1. The majority opinion was by Judge Kyle Duncan.

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Abortion Constitutionality

Federal Court of Appeals Allows Texas to Restrict Abortions due to Coronavirus Crisis

Here is a link to a LifeNews story with the developments. Other states have also restricted abortions during the crisis, but some courts have allowed the abortion clinics to continue to operate. The LifeNews story has reports on the developments in other states.

Categories
Abortion Constitutionality Down Syndrome abortions Fetal anomolies and disabilities

Sixth Circuit Hears Arguments in Down Syndrome Abortion Case

On March 11, 2020, the full Sixth Circuit heard oral arguments in a case challenging the constitutionality of Ohio’s Down Syndrome Non-Discrimination Act. That law prohibits abortions when the women is seeking abortion due to a diagnosis of Down syndrome. By a 2-1 vote, a 3-judge panel of the Sixth Circuit held the law unconstitutional […]

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Abortion Late-term abortion Legislation

Hadley Arkes on the Born-Alive Abortion Survivors Protection Act

Here is a link to a good column by Hadley Arkes on the Born-Alive Abortion Survivors Protection Act.

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Abortion Constitutionality

Supreme Court to hear Oral Arguments in Louisiana Abortion Case

Here is preview of the upcoming oral arguments in June Medical Services v. Russo, which involves the constitutionality of a Louisiana law requiring that doctors who perform abortions have admitting privileges at local hospitals.  The Supreme Court will hear arguments on Wednesday March 4, 2020. A decision isn’t expected until late June.

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Abortion Constitutionality Free Speech

En banc Ninth Circuit Allows HHS Title X Regulations to Take Effect

Here is a link to a recent (February 24, 2020) 7-4 decision by the United States Court of Appeals for the Ninth Circuit rejecting a challenge to HHS Regulations implementing Title X of the Public Health Service Act. Title X prohibits grant funds from being used in programs where abortion is a method of family […]

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Abortion Constitutionality

Federal Appeals Court blocks Mississippi Heartbeat Law

Here is a link to an opinion from the United States Court of Appeals for the Fifth Circuit affirming a lower court opinion enjoining Mississippi’s law banning abortions after the detection of a fetal heartbeat. The court’s brief per curiam relied on existing precedent.