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 […]

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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 […]

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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 […]

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Abortion Constitutionality History

Justin Dyer on the Fake Abortion History of Roe v. Wade

Here is a link to a good essay in Public Discourse by Justin Dyer. Pro-lifers know that Justice Blackmun’s opinion in Roe v. Wade relied upon a terribly mistaken history of abortion. Blackmun’s historical account has been refuted so many times that it is somewhat surprising that the same arguments are being made on the […]

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Abortion Constitutionality History

Finnis and George Response to Aaron Tang

Here is a link to a recent essay by John Finnis and Robert George. The essay is a response to a paper by Aaron Tang. In a recent paper, Tang argued that pro-life advocates (such as Finnis and George) have inaccurately described the historical record about the number of states that prohibited abortion in 1868 […]

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Abortion Constitutionality

Mary Ann Glendon and Carter Snead and “The Case for Overturning Roe”

Here is a link to a good essay by Mary Ann Glendon and Carter Snead entitled “The Case for Overturning Roe.” The essay is in National affairs. Here is their conclusion: “Nothing in the Constitution or the Court’s role requires such a deleterious framing of the complex human relationships at stake. The Court has no […]

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Abortion Constitutionality

Stephen Gilles on Dobbs

Here is a link to an amicus brief filed by Professor Stephen Gilles. Gilles argues that the Court ought to overrule Roe and Casey. Gilles notes that this outcome would be clear under the Glucksberg Court’s approach to identifying fundamental rights. Glucksberg emphasized  “history and tradition” and under such an approach there is no way […]

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Abortion Constitutionality Down Syndrome abortions

Judge Thapar on Roe and Casey

Here  is a link to recent (September 10, 2021) opinion of the Sixth Circuit enjoining two provisions of Tennessee law. One provision banned abortions after a fetal heartbeat is detected and the other banned abortions when the doctor performing the abortion knows that the pregnant woman is seeking the abortion because of the race or […]

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Abortion Constitutionality

Robert George Predicts “Roe Will Go”

Here is a link to a good essay in First Things by Robert George. Here is George’s prediction: “Next year, the Supreme Court will hold that there is no constitutional right to elective abortions. In Dobbs v. Jackson Women’s Health Organization, a case pending before the court, it will return the issue to the states for […]

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Abortion Constitutionality International

Ligia de Jesus Castaldi on International Abortion Law and the Overruling of Roe

Here is a link to a good article in Public Discourse by Professor Ligia de Jesus Castaldi. The article is entitled “The Supreme Court Should Look at International Abortion Law and Overrule Roe v. Wade.” The article notes that the US law on abortion is more permissive than the law of almost every country. Overruling […]