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Abortion Constitutionality Dobbs v. Jackson Women's Health Organization

Alexandra DeSanctis on the new New Jersey Law on Abortion

Here is a good article by Alexandra DeSanctis on the new New Jersey law protecting access to abortion. The article makes it clear that if the Supreme Court overrules Roe and Casey the battle over abortion will switch to the states. And states such as New Jersey have moved to aggressively protect access to abortion. […]

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Abortion Constitutionality Texas Heartbeat Law

Texas Heartbeat Case Argued Before the Fifth Circuit

Here is a link to a story in Bloomberg about the latest developments in the Texas Hearbeat case. The US Supreme Court, which refused a request to enjoin the law pending the challenges to the constitutionality of the statute, suggested that Texas licensing authorities might be proper defendants in the suits challenging the constitutionality of […]

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Abortion Conscience protection Constitutionality Dobbs v. Jackson Women's Health Organization Religious views

“The Religious Question and Abortion”

Here is a link to a good post by Teresa Collett addressing “The Religious Question and Abortion.” Collett addresses the line of questioning during the recent oral arguments in the Dobbs case by Justice Sotomayor who suggested that opposition to abortion is necessarily based on religion. I have addressed this issue in this article. Sotomayor’s […]

Categories
Abortion Constitutionality Down Syndrome abortions Fetal anomolies and disabilities

Arizona Asks Supreme Court to Allow Down Syndrome Ban to go into Effect

Here is link to a report on Scotusblog discussing the State of Arizona’s effort to enforce its law prohibiting abortions when the sole reason for the abortion is the genetic abnormality of the unborn child. The law was enjoined by a lower court. Arizona filed a emergency motion with the United States Supreme Court asking […]

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Abortion Constitutionality Court cases

Texas Heartbeat Law Still in Effect

Here is a link to a story in National Review about this morning’s decisions from the Supreme Court in the cases dealing with challenges to the Texas Heartbeat law. ┬áThe Court allowed the challenges by abortion providers to continue as to certain defendants but allowed the law to remain in effect. Here is a link […]

Categories
Abortion Constitutionality Dobbs v. Jackson Women's Health Organization

Oral Arguments in Dobbs

Yesterday (December 1, 2021), the United States Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization. Dobbs involves the constitutionality of Mississippi’s Gestational Age Act, which prohibits most abortions after 15 weeks. Dobbs affords the Court yet another opportunity to jettison Roe v. Wade and Planned Parenthood v. Casey. Most observers thought […]

Categories
Abortion Constitutionality

Ed Whelan on the Oral Arguments in the Texas Heartbeat Case

Here is a link to a short item from Ed Whelan about the oral arguments in the Texas Heartbeat case. Whelan links to other articles discussing the arguments, including two long posts by Stephen Sachs. UPDATE: Here is a link to another piece by Whelan. The more recent piece also includes a link to a […]

Categories
Abortion Constitutionality

Supreme Court Agrees to Hear Texas Heartbeat Case

Here is a link a story from Scotusblog about the Court’s new orders in the Texas Heartbeat case. The Court will hear oral argument in the Texas case on November 1, 2021. The Court did not grant the petition asking the Court to decide whether to overrule Roe and Casey, an issue that is certainly […]

Categories
Abortion Constitutionality

Richard Stith on the Dobbs case

Here is a link to a good essay in Public Discourse by Richard Stith on the Dobbs case. Stith argues that in overruling Roe the Court ought not to rely on the personhood argument. Rather, he argues, “the Court could say that it need not reach and decide the question whether the unborn child actually […]

Categories
Abortion Constitutionality

Supreme Court Arguments in Kentucky Abortion Case

Here is a link to a Scotusblog report on yesterday’s argument in Cameron v. EMW Women’s Surgical Center. The Kentucky statute bans dismemberment abortions but the Supreme Court arguments were focused on a narrow, albeit important procedural issue. The issue before the Court is–“Whether a state attorney general vested with the power to defend state […]