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Abortion Constitutionality

Supreme Court Agrees to Hear Mississippi Abortion Case

The US Supreme Court today agreed to decide Dobbs v. Jackson Women’s Health Organization. For background on Dobbs, see this link. The Court limited its consideration to the first question presented by Mississippi’s cert petition: “Whether all pre-viability prohibitions on elective abortions are unconstitutional.” The cert petition was filed almost a year ago and there […]

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Abortion Constitutionality Down Syndrome abortions

En Banc Sixth Circuit Upholds Ohio’s Down Syndrome Abortion Law

Here is a link to the Sixth Circuit’s decision upholding Ohio’s law  that “prohibits a doctor from performing an abortion if that doctor knows that the woman’s reason for having the abortion is that she does not want a child with Down syndrome.” The court explained that the law does not prohibit a woman from […]

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Abortion Constitutionality

More from John Finnis on Constitutional Personhood

Here is a link to another essay by John Finnis on constitutional personhood. In this essay, Finnis responds to an essay by Ed Whelan.The most recent essay  by Finnis (dated April 9, 2021) contains links to the relevant essays in this important dialogue.

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Abortion Constitutionality

“Abortion is Unconstitutional”

That is the title of this recent essay by John Finnis in the April 2021 issue of First Things. Here is his concluding paragraph in support of constitutional personhood and the unconstitutionality of laws permitting abortion: “A break in the nearly half-century silence on the Court about all these matters would enhance respect for law, […]

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Abortion Constitutionality minors Parental involvement

Divided Seventh Circuit Affirms Ruling Enjoining Indiana’s Parental Notice Law

Here is a link to a divided opinion of the Seventh Circuit affirming a lower court ruling enjoining an Indiana law requiring parental notice before a minor may obtain an abortion. In contrast to the views of several federal circuits, the majority did not follow Chief Justice Robert’s concurrence in the June Medical case. Judge […]

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Abortion Constitutionality Court cases

“Anti-abortion bills abound; their fate in court is unknown”

Here is  story from the Associated Press about the many pro-life laws that have recently been passed by state legislatures. The article also discusses how the courts might respond to suits challenging the constitutionality of these laws.

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Abortion Constitutionality

“Arkansas Bans Most Abortions in Bid to Challenge Roe v. Wade”

Here is link to a story in the National Catholic Register describing developments in Arkansas. According to the article: “Governor Asa Hutchinson on March 9 signed Senate Bill 6, also known as the Arkansas Unborn Child Protection Act, which bans abortions except when medically necessary to save the life of the mother. “

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Abortion Constitutionality Informed consent

6th Circuit Refuses to Grant Stay of Ruling Enjoining Tennessee Abortion Law

Here is link to today’s Sixth Circuit 2-1 decision refusing to grant a stay of a federal district court ruling enjoining provisions of Tennessee law relating to abortion. The Tennessee  law imposes waiting periods before a woman can obtain an abortion. Such laws have been regularly upheld by the courts. As the dissent by Judge […]

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Abortion Constitutionality Down Syndrome abortions

“Pro-Life Campaign to Curb Down-Syndrome Abortions Gains Steam”

Here is a link to a good article by Alexandra DeSanctis on the effort to ban Down-Syndrome abortions. The article describes Governor Kristi Noem’s efforts to promote protective legislation in South Dakota. “God created each of us and endowed all of us with the right to life. This is true for everyone, including those with […]

Categories
Abortion Constitutionality

Ed Whelan on the Dobbs case

Here is a link to a National Review piece by Ed Whelan arguing that the US Supreme Court ought to grant review in the Dobbs case, which involves the constitutionality of Mississippi’s law banning abortion after 15 weeks gestational age.