Archive for the ‘Constitutionality’ Category

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 […]

Camosy interview

Artur Rosman of the Patheos blog called “CosmosTheLost” recently interviewed Charles C. Camosy is Assistant Professor of Christian Ethics at Fordham University. “The Anti-Abortion Supermajority: Beyond the Abortion Wars.” Camosy is the author of Beyond the Abortion Wars: A Way Forward for a New Generation (Wm. B. Eerdmans Publishing Co., 2015). In the interview Camosy discusses whether […]

Supreme Court refuses to review decision invalidating Arizona abortion restriction

On Monday December 15, 2014, the Supreme Court refused to review a Ninth Circuit ruling that held unconstitutional an Arizona “law that requires abortionists to use federal standards in administering chemical abortions.” http://www.nationalrighttolifenews.org/news/2014/12/supreme-court-declines-to-review-decision-blocking-enforcement-of-arizona-abortion-law-but-other-appeals-courts-have-upheld-similar-law/#.VJBBXNjjjcs  The FDA protocol, which was developed in 2000, calls for RU-486 to be used only in the first seven weeks of pregnancy.  Since that time, […]

Saunders and Burke on the fate of the Texas abortion law

Here is a link to a good article by Bill Saunders and Denise Burke describing recent developments in cases challenging aspects of the Texas abortion law. The Supreme Court recently prevented the implementation of two parts of the Texas law–the requirement that doctors who perform abortions have admitting privileges at local hospitals and the requirement that abortion clinics […]

“The Disappearing ‘Undue Burden’ Standard for Abortion Rights”

That’s the title of a recent comment by Jeffrey Toobin in the New Yorker. See http://www.newyorker.com/news/daily-comment/disappearing-undue-burden-standard-abortion-rights Toobin describes the “undue burden” standard as the Justice O’Connor’s “most important triumph during her long and consequential tenure on the U.S. Supreme Court” and laments the prospect of the test’s impending demise.  Toobin wrongly states that O’Connor’s views roughly mirrored those of […]

Mississippi abortion case

On July 29, 2014, a divided panel of the Fifth Circuit affirmed an injunction preventing enforcement of Mississippi’s law requiring that abortionists have admitting privileges at local hospitals. Here is a link to a National Right to Life News story on the case.  See http://www.nationalrighttolifenews.org/news/2014/07/how-and-where-an-appeals-panel-decision-to-strike-down-law-that-would-have-closed-mississippis-last-abortion-clinic-went-wrong/#.U9paA9jjjcs Judge Emilio Garza’s dissent is a persuasive account of the errors […]