On July 22, 2021, Mississippi Attorney General Lynn Fitch filed a hard-hitting brief in Dobbs v. Jackson Women’s Health Organization urging the United States Supreme Court to overrule Roe v. Wade and Planned Parenthood v. Casey. Here and here are links to articles on the filing. Dobbs involves the constitutionality of a Mississippi law banning […]
Category: Abortion
Here is a link to an order granting rehearing en banc in Reproductive Health Services v. Parson, which involves the constitutionality of Missouri’s ban on Down syndrome abortions. The ban was struck down last month but the full Eighth Circuit, in a sua sponte order, has now granted rehearing en banc. The federal courts are […]
Categories
“Roe Must Go”
Here is a link to a good post by Robby George in First Things. In discussing the litigation choices facing Mississippi’s Attorney General in the Dobbs case, George states: “Lynn Fitch, the attorney general of Mississippi, faces the most consequential litigation decision of the last 50 years: whether to ask the Supreme Court to reverse […]
Michael Stokes Paulsen has two excellent essays on Public Discourse discussing the Dobbs case, which may result in the overruling of Roe and Casey. Part I focuses on “why Dobbs is the most important abortion case to reach the Court in nearly thirty years—since Planned Parenthood v. Casey (1992), the case in which a splintered […]
Here is a good piece by Dave Andrusko in the National Right to Life News. Andrusko makes some good comments about a long essay by Mary Zeigler and Robert Tsai in Politico. That long essay (“How the Anti-Abortion Movement Used the Progressive Playbook to Chip Away at Roe v. Wade,”) describes how “The tactics that advanced […]
Here is a link to an excellent piece by Michael Paulsen. The article was just published in the Harvard Law Review Forum. Paulsen discusses trait selection abortion bans, which are increasingly common. He notes that these bans “pose hugely important, stark, and seemingly unavoidable legal and moral challenges to the constitutional regime of Roe.”
Here is a link to today’s decision by the Eighth Circuit affirming a district court decision enjoining Missouri’s Down Syndrome abortion law. The appellate court’s decision was 2-1 with Judge Stras in dissent. The Missouri law prohibits abortions if the provider “knows that the woman is seeking the abortion solely because of a prenatal diagnosis, […]
Here is a link to an article by Rebecca Oas about the Biden Administration’s policies promoting abortion. Oas states: “U.S. President Joe Biden has been in office less than half a year, but he is already on course to be the most pro-abortion president in U.S. history.”
Here is a link to an article by Paul Linton on overruling Roe v. Wade. With the Supreme Court’s grant of cert in Dobbs, this article couldn’t be more timely. Here is a portion of the abstract: “This article argues that, just as Justices Brennan and Marshall misread the “signs of the times” regarding the […]
Paul Stark has brilliantly woven in a new analogy (pizza making) to make clear the fundamental distinction between the construction of things and the development of life. (The German Constitutional Court in 1975 and 1993 supported this distinction. That support can be found via one of the articles linked in Stark’s piece.) Unborn children aren’t […]