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Abortion Constitutionality Late-term abortion

Mississippi AG Urges Supreme Court to Overrule Roe and Casey

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 […]

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Abortion Constitutionality Down Syndrome abortions

Eighth Circuit Grants Rehearing En banc in Missouri Down Syndrome case

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 […]

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Abortion Constitutionality

“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 […]

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Abortion Constitutionality

Michael Stokes Paulsen on the Dobbs case

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 […]

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Abortion Constitutionality

Dave Andrusko on the Zeigler & Tsai analysis of pro-life strategy

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 […]

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Abortion Constitutionality Down Syndrome abortions Eugenics Fetal anomolies and disabilities Sex-selection abortion

“Abortion as an Instrument of Eugenics”

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.”

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Abortion Constitutionality Down Syndrome abortions

Eighth Circuit Enjoins Missouri Down Syndrome Abortion Law

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, […]

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Abortion Constitutionality

Overruling Roe v. Wade: Lessons from the Death penalty

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 […]

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Abortion Constitutionality Down Syndrome abortions Eugenics

Dave Andrusko on Down syndrome abortion bans

Here is a good story by Dave Andrusko on laws banning Down syndrome abortions. Andrusko highlights the changing legal landscape and also mentions the importance of Justice Thomas’s opinion in the Box case in which Thomas empathized that such bans “promote a State’s compelling interest in preventing abortion from becoming a tool of modern-day eugenics.”

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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 […]