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Abortion Constitutionality History

Finnis and George Response to Aaron Tang

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 […]

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Abortion Constitutionality

Mary Ann Glendon and Carter Snead and “The Case for Overturning Roe”

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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Abortion Constitutionality

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 […]

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Abortion Constitutionality Down Syndrome abortions

Judge Thapar on Roe and Casey

Here  is a link to recent (September 10, 2021) opinion of the Sixth Circuit enjoining two provisions of Tennessee law. One provision banned abortions after a fetal heartbeat is detected and the other banned abortions when the doctor performing the abortion knows that the pregnant woman is seeking the abortion because of the race or […]

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Abortion Constitutionality

Robert George Predicts “Roe Will Go”

Here is a link to a good essay in First Things by Robert George. Here is George’s prediction: “Next year, the Supreme Court will hold that there is no constitutional right to elective abortions. In Dobbs v. Jackson Women’s Health Organization, a case pending before the court, it will return the issue to the states for […]

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Abortion Constitutionality International

Ligia de Jesus Castaldi on International Abortion Law and the Overruling of Roe

Here is a link to a good article in Public Discourse by Professor Ligia de Jesus Castaldi. The article is entitled “The Supreme Court Should Look at International Abortion Law and Overrule Roe v. Wade.” The article notes that the US law on abortion is more permissive than the law of almost every country. Overruling […]

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Abortion Constitutionality

Texas Heartbeat Act

Here is a link to a Scotusblog report on the Court’s refusal to enjoin the Texas Heartbeat Act,  which prohibits abortion after abut six weeks of pregnancy. The Act does not permit state officials to enforce the law. The Act authorizes private parties to sue anyone who violates the Act. Here is a link to […]

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Abortion Constitutionality

Ed Whelan on the Fifth Circuit Decision Upholding a Texas Statute Banning Dismemberment Abortions

Here is a link to a post by Ed Whelan discussing a recent decision from the Fifth Circuit. Here is Whelan:  “In an important decision yesterday in Whole Woman’s Health v. Paxton, the en banc Fifth Circuit ruled by a vote of 9 to 5 that a Texas law that generally prohibits the live-dismemberment version […]

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Abortion Conscience protection

Federal Court Protects Doctors’ Refusal to Perform Abortions

Here is a link to a story by Wesley Smith discussing a recent federal court decision protecting doctors who have religious objections to performing abortions.

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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 […]