By a vote of 52-48, the US Senate confirmed Amy Coney Barrett as an Associate Justice of the United States Supreme Court. Barrett replaces Justice Ruth Bader Ginsburg who died on September 18, 2020. Barrett adheres to the same judicial philosophy as Justice Antonin Scalia, for whom Barrett clerked in the late 1990s. As a […]
Category: Constitutionality
Here is a link to a post by Jonathan Adler on a recent 6th Circuit decision that vacated a federal district court decision enjoining a Kentucky law regulating abortions. The law required abortion providers to have written transfer agreements with local hospitals. As Adler explains, the 2-1 decision illustrates the continuing importance of the concurring […]
Here is a link a story in the National Law Journal about a decision from the United State Court of Appeals for the Eighth Circuit. The appellate court relied on Chief Justice Roberts’s opinion in June Medical. Roberts’s vote was the controlling factor in June Medical and he endorsed a view of the undue burden […]
Here is a link to an essay in Public Discourse by Senator Josh Hawley from Missouri. The essay is entitled “Judicial Nominees Must Explicitly Acknowledge That Roe was Wrongly Decided.” Here is his penultimate paragraph: “Now, some will say that this is yesterday’s battle—that we should just accept Roe and move on, that today’s Supreme […]
Here is a link to an excellent article by Tom Molony. The article, which was recently published in the Harvard Journal of Law & Public Policy, is entitled “Taking Another Look at the Call on the Field: Roe, Chief Justice Roberts, and Stare Decisis.” The article “examines Chief Justice Roberts’s approach to stare decisis, attempting […]
Here is a link to a good piece in First Things by Carter Snead on the June Medical case. Here is his exhortation to the pro-life movement: “Now is the time to get back on our feet and return to the work of building a civilization of love, radical hospitality, and legal protection for unborn […]
Here and here are reports about court cases enjoining the heartbeat laws in Georgia and Tennessee. These decisions are consistent with other court cases dealing with state laws banning abortion after a fetal heartbeat is detectable
Here is a link to a good analysis of the June Medical case. The essay is by Nikolas Nikas and Dorinda Bordlee from the Bioethics Defense Fund.
Here is a link to a good essay by Erika Bachiochi on the June Medical case and what the decision means for the pro-life cause.
In a 5-4 decision, the Supreme Court struck down Louisiana’s admitting privileges law. The statute was similar to the Texas statute that the Court invalidated in 2016 in Whole Woman’s Health v. Hellerstedt. Chief Justice Roberts joined with Justices Breyer, Ginsburg, Sotomayor, and Kagan. The Chief Justice concluded “that because Louisiana’s Act 620 imposes a […]