Category: Constitutionality

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 […]

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 […]

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 […]

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 […]

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 […]

Here is a link to a Scotusblog report on the Court’s refusal to enjoin the Texas Heartbeat Act,  which prohibits abortion after about six weeks of pregnancy. The Act does not permit state officials to enforce the law. The Act authorizes private parties to sue anyone who violates the Act. Here is a link to […]