Here is a story from the National Right to Life News about a recent decision from an Oklahoma court enjoining Oklahoma’s ultrasound law. http://www.nationalrighttolifenews.org/news/2012/03/district-judge-enjoins-oklahoma-ultrasound-law/ Here is additional information and critical analysis about the decision. http://www.nationalrighttolifenews.org/news/2012/03/the-reasoning-behind-the-decision-to-enjoin-oklahomas-ultrasound-act/ Richard M.
Category: Constitutionality
I just saw this new article by Scott Gaylord and Thomas Molony. The article is entitled “Casey and A Woman’s Right to Know: Ultrasounds, Informed Consent, and the First Amendment.”http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2017041 The authors conclude “that the goverment has broad authority to mandate disclosures designed to inform a woman’s decision about an abortion.” The article contains a very useful […]
Here is an AP story noting Justice Ginsburg’s comments (which she has expressed in the past) that Roe v. Wade “moved too far too fast.” After noting that the Court had other options to adopting the sweeping approach it took in Roe V. Wade, Justice Ginsburg commented: “The court made a decision that made every abortion law in the […]
The 5th Circuit Court of Appeals has allowed a Texas law requiring that doctors show sonograms to women seeking an abortion to be enforced. http://hosted.ap.org/dynamic/stories/U/US_TEXAS_ABORTION_LAW?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT A lower court had prevented the law from being enforced but the 5th Circuit has now reveresed that ruling. The court, in an opinion by Judge Edith Jones, noted that states are permitted to require doctors […]
The Eighth Circuit has agreed to rehear en banc a challenge to a South Dakota law restricting abortion. http://www.argusleader.com/article/20111206/NEWS/312060031/Abortion-issue-appeal-gets-January-hearing The focus of the rehearing relates to a provision of the “law that requires a doctor to tell a woman seeing an abortion that she would face a higher risk of suicide by going through with the […]
Here is a link to an interesting story in the New York Times on Ohio’s fetal heartbeat bill. The article explores the divisions within the pro-life movement about the advisability of enacting this legislation. http://www.nytimes.com/2011/12/05/health/policy/fetal-heartbeat-bill-splits-anti-abortion-forces.html?_r=1&pagewanted=all Richard M.
Here is a link to an essay by Michael Paulsen that was published today on the Public Discourse blog. http://www.thepublicdiscourse.com/2011/10/4149 After noting the practice of abortion for sex-selection, Paulsen discusses the prospect that a law banning abortion for reasons of sex selection might force the Supreme Court to confront the realities of its abortion case law. […]
Over at Public Discourse, in his new post, Reflections of a Questioner (http://www.thepublicdiscourse.com/2011/10/4055), Robert George evaluates the answers of Ron Paul and Mitt Romney to George’s question about what legislation each presidental candidate would propose to overturn Roe v. Wade. Professor George notes that this question raises a fundamental constitutional issue regarding the role of […]
Categories
Ohio Heartbeat Bill
Ohio newspapers are reporting on a rally planned for today in support of Ohio H.B. 125 , or as it has become known in the press, the “Ohio Heartbeat Bill.” Absent a medical emergency the bill would generally requires a pre-abortion examination to determine if a fetal heartbeat can be detected and prohibit the performance […]
SSRN has a new article by Professor Kiahara Bridges, Capturing the Judiciary: Carhart and the Undue Burden Standard. Professor Bridges joined the law faculty by Boston University from the Center for Reproductive Rights, where she was an academic fellow. The fellowship is co-hosted and co-sponsored by Columbia Law School. As an undergraduate student, Professor Bridges […]