Randy Beck has just posted a new piece entitled Fueling Controversy on SSRN. He responds to a recent Yale Law Journal article by Linda Greenhouse and Reva Siegel, Before (and After) Roe v. Wade: New Questions about Backlash, in which they question the received wisdom that the Supreme Court’s decision in Roe v. Wade generated […]
Category: Constitutionality
I recently blogged about the Ninth Circuit opinion requiring police to enforce the “Mother May I” or “speech free zones” against clinic escorts as well as sidewalk counselors here. Just discovered another story about Rev. Hoye’s prolife efforts in The Catholic Voice of Oakland Diocese. It seems he was behind the placement of several billboards […]
Walter Hoye, a California pastor and sidewalk counselor, filed a federal constitutional challenge to the City of Oakland’s “Mother May I” ordinance restricting speech outside abortion clinics after having been arrested twice for approaching women seeking to enter abortion clinics. The case is Hoye v. Oakland. Evidence in the case established the Pastor Hoye attempted […]
Just discovered a series of articles exploring the Supreme Court’s position allowing post-viability abortion bans by Randy Beck. You can find Randy Beck’s articles at The Essential Holding of Casey: Rethinking Viability, Where’s the Syllogism?: Gonzales, Casey and the Viability Rule, and Self-Conscious Dicta: The Origins of Roe v. Wade’s Trimester Framework. These articles are […]
When the FDA approved the sale of RU-486 in this country, the agency used a little known process historically reserved for life-saving drugs. Lars Noah described the process in his article, A Miscarriage in the Drug Approval Process?: Mifepristone Embroils the FDA in Abortion Politics. Since the approval of the drug, abortion providers have continued […]
Compromising the Uncompromisable: A Private Property Rights Approach to Resolving the Abortion Controversy is a new posting on SSRN. This article, published in 2005 by two prolife professors, argues that medical technology allowing gestation outside the mother’s womb may eventually erode the right to abortion, if that right is understood to mean the right to […]
UFL member Michael New has some interesting observations on the Guttmacher Institute’s new report estimating the cost of unplanned pregnancies here and a brief comment on the NYT report regarding the passage of laws related to fetal pain here.
The North Carolina legislature recently passed the Woman’s Right to Know Act, which requires a 24 hour waiting period before an abortion during which the pregant mother would have an opportunity to consider information and view an ultrasound. Governor Perdue vetoed the Act. North Carolina’s Catholic bishops have issued a statement urging an override. http://www.dioceseofraleigh.org/news/view.aspx?id=1167 […]
Priscilla Smith, former Director of the Domestic Legal Program of the Center for Reproductive Rights from 2003-2007 and a litigating attorney with the Center for 13 years overall, has a new article on attacking abortion regulation through claims of sex discrimination. The article, Give Justice Ginsburg What She Wants: Using Sex Equality Arguments to Demand […]
Here is a report on the pending lawsuit challenging the Texas law requiring that women be able to view a sonogram before obtaining an abortion. A ruling is expected by September. http://www.nationalrighttolifenews.org/news/2011/07/judge-hears-arguments-over-texas%e2%80%99-new-sonogram-law/#more-2963 Richard M.