Archive for the ‘Constitutionality’ Category

Teresa Collett defending Pain-Capable Child Protection Acts

Here is a good article on the Public Discourse website  by Teresa Collett (president of University Faculty for Life) defending Pain-Capable Child Protection Acts. http://www.thepublicdiscourse.com/2012/04/5176 Teresa explains:  “These laws are premised on the idea that an unborn child’s capacity to feel pain, independent of fetal viability, is sufficient to establish the humanity of the child and [...]

Oklahoma ultrasound law enjoined

Here is a story from the National Right to Life News about a recent decision from an Oklahoma court enjoining Oklahoma’s ultrasound law.  http://www.nationalrighttolifenews.org/news/2012/03/district-judge-enjoins-oklahoma-ultrasound-law/ Here is additional information and critical analysis about the decision. http://www.nationalrighttolifenews.org/news/2012/03/the-reasoning-behind-the-decision-to-enjoin-oklahomas-ultrasound-act/   Richard M.

article by Gaylord and Molony on “A Woman’s Right to Know”

I just saw this new article by Scott Gaylord and Thomas Molony. The article is entitled “Casey and A Woman’s Right to Know: Ultrasounds, Informed Consent, and the First Amendment.”http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017041 The authors conclude “that the  goverment has broad authority to mandate disclosures designed to inform a woman’s decision about an abortion.” The article contains a very useful [...]

Justice Ginsburg: Roe moved too far too fast

Here is an AP story noting Justice Ginsburg’s comments (which she has expressed in the past) that Roe v. Wade “moved too far too fast.” After noting that the Court had other options to adopting the sweeping approach it took in Roe V. Wade, Justice Ginsburg commented: “The court made a decision that made every abortion law in the [...]

Texas sonogram law can be enforced

The 5th Circuit Court of Appeals has allowed a Texas law requiring that doctors show sonograms to women seeking an abortion to be enforced. http://hosted.ap.org/dynamic/stories/U/US_TEXAS_ABORTION_LAW?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT A lower court had prevented the law from being enforced but the 5th Circuit has now reveresed that ruling. The court, in an opinion by Judge Edith Jones,  noted that states are permitted to require doctors [...]

challenge to SD abortion law to be reheard by the 8th Circuit

The Eighth Circuit has agreed to rehear en banc a challenge to a South Dakota law restricting abortion. http://www.argusleader.com/article/20111206/NEWS/312060031/Abortion-issue-appeal-gets-January-hearing  The focus of the rehearing relates to a provision of the “law that requires a doctor to tell a woman seeing an abortion that she would face a higher risk of suicide by going through with the [...]