Category: Constitutionality

Here is a link to a post by Ed Whelan discussing a recent decision from the Fifth Circuit. Here is Whelan:  “In an important decision yesterday in Whole Woman’s Health v. Paxton, the en banc Fifth Circuit ruled by a vote of 9 to 5 that a Texas law that generally prohibits the live-dismemberment version […]

Here is a link to a LifeNews story on a recent decision by the United States Court of Appeals for the Sixth Circuit. The court, by a 9-7 vote, upheld the constitutionality of a Tennessee law requiring a 48 hour waiting period before a woman may obtain an abortion. The Sixth Circuit applied the under […]

Here is a good essay by Rick Garnett entitled “Rehnquist’s Reservations and the Future of Roe.” Garnett argues that that the Court ought to follow the approach taken by Justice Rehnquist in his dissent and Roe and by Chief Justice Rehnquist in his dissent in Casey. Here is Garnett’s conclusion: “the Court in Dobbs should clearly […]

Here is a good op-ed by Ryan Anderson and Robert George urging the US Supreme Court to overrule Roe v. Wade. Here is their conclusion: “While the current court may not be willing to go so far as to invalidate all legislation protecting abortionists, at the very least it must correct its own prior mistake […]

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 […]

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 […]

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 […]