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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.

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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 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.

Categories
Abortion Constitutionality Down Syndrome abortions

DOJ Files Amicus Brief in Support of Ohio Law Prohibiting Abortions due to a Diagnosis of Down Syndrome

Here is a link to a press release from the US Department of Justice describing an amicus brief the DOJ filed earlier this week. The brief, filed with he US Court of Appeals for the Sixth Circuit, supports the constitutionality of Ohio’s law banning abortions due to a diagnosis of Down Syndrome.

Categories
Abortion Constitutionality Feminism

“The Troubling Ideals at the Heart of Abortion Rights”

Here is a link to an excellent essay by Erika Bachiochi that was published today in The Atlantic.

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Abortion Constitutionality

47th Anniversary of Roe v. Wade on January 22, 2020

The 47th anniversary of the Court’s decision in Roe v. Wade is next week.  Here is a link to my article entitled “Re-Reading Roe v. Wade,” which was presented at Washington & Lee Law School at a 2013 conference organized by Sam Calhoun. Here is a link to an article by Clarke Forsythe entitled “A Draft […]

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Abortion Constitutionality

Briefs Supporting Louisiana’s Admitting Privileges Law Filed with Supreme Court

On March 4, 2020, the US Supreme Court will hear oral argument in June Medical Services v. Gee, which deals with the constitutionality of Louisiana’s law requiring that doctors who perform abortions have admitting privileges at local hospitals. The state of Louisiana’s brief and the amicus briefs supporting Louisiana were filed in late December 2019 […]

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Abortion Clinic regulation Constitutionality Court cases

Supreme Court invalidates Texas abortion law (H.B. 2)

By a 5-3 vote, the US Supreme Court today invalidated two key features of Texas’s H.B. 2. In an opinion by Justice Breyer, the Court invalidated the requirement that doctors performing abortions have admitting privileges at local hospitals and the requirement that abortion clinics meet the standards Texas sets for ambulatory surgical centers. Here is a link […]