Abortion Constitutionality

Tom Molony on “Roe, Chief Justice Roberts, and Stare Decisis”

Here is a link to an excellent article by Tom Molony. The article, which was recently published in the Harvard Journal of Law & Public Policy, is entitled “Taking Another Look at the Call on the Field: Roe, Chief Justice Roberts, and Stare Decisis.”

The article “examines Chief Justice Roberts’s approach to stare decisis, attempting to identify matters that could prove important to him in evaluating Roe, but without offering a prediction about how he would vote in a case challenging the decision.”

The article is especially timely after the recent June Medical decision, in which the Chief Justice relied on stare decisis in invalidating Louisiana’s admitting privileges law. June Medical did not, of course, raise the issue of the continuing validity of Roe and Casey.

Richard Myers

Richard S. Myers, the Vice-President of UFL, is Professor of Law at Ave Maria School of Law, where he teaches Antitrust, Civil Procedure, Conflict of Laws, Constitutional Law, and Religious Freedom. He is a Phi Beta Kappa graduate of Kenyon College and earned his law degree at Notre Dame, where he won the law school's highest academic prize. He began his legal career by clerking for Judge John F. Kilkenny of the U.S. Court of Appeals for the Ninth Circuit. Professor Myers also worked for Jones, Day, Reavis & Pogue in Washington, D.C. He taught at Case Western Reserve University School of Law and the University of Detroit Mercy School of Law before joining the Ave Maria faculty. He is a co-editor of St. Thomas Aquinas and the Natural Law Tradition: Contemporary Perspectives (Catholic University of American Press, 2004) and a co-editor of Encyclopedia of Catholic Social Thought, Social Science, and Social Policy (Scarecrow Press, 2007). He has also published extensively on constitutional law in law reviews and also testified before Congressional and state legislative hearings on life issues. Married to Mollie Murphy, who is also on the faculty at Ave Maria School of Law, they are the proud parents of six children - Michael, Patrick, Clare, Kathleen, Matthew, and Andrew.