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Abortion Constitutionality

Rick Garnett on Dobbs and the Future of Roe v. Wade

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 […]

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Abortion Taxpayer funding

“Abortion Funding: Save the Hyde Amendment”

Here is a good report by Melanie Israel of the Heritage Foundation discussing the Hyde Amendment. Here is her conclusion: “For nearly half a century, the Hyde Amendment and similar policies have provided an important guardrail to ensure that taxpayer dollars do not pay for most abortions. It is good policy as a matter of […]

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Abortion Constitutionality

Anderson and George on the Fate of Roe v. Wade

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 […]

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Abortion Constitutionality Late-term abortion

Mississippi AG Urges Supreme Court to Overrule Roe and Casey

On July 22, 2021, Mississippi Attorney General Lynn Fitch filed a hard-hitting brief in Dobbs v. Jackson Women’s Health Organization urging the  United States Supreme Court to overrule Roe v. Wade and Planned Parenthood v. Casey. Here and here are links to articles on the filing. Dobbs involves the constitutionality of a Mississippi law banning […]

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Abortion Constitutionality Down Syndrome abortions

Eighth Circuit Grants Rehearing En banc in Missouri Down Syndrome case

Here is a link to an order granting rehearing en banc in Reproductive Health Services v. Parson, which involves the constitutionality of Missouri’s ban on Down syndrome abortions. The ban was struck down last month but the full Eighth Circuit, in a sua sponte order, has now granted rehearing en banc. The federal courts are […]

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Abortion Constitutionality

“Roe Must Go”

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 […]

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Abortion Constitutionality

Michael Stokes Paulsen on the Dobbs case

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 […]

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Abortion Constitutionality

Dave Andrusko on the Zeigler & Tsai analysis of pro-life strategy

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 […]

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Abortion Constitutionality Down Syndrome abortions Eugenics Fetal anomolies and disabilities Sex-selection abortion

“Abortion as an Instrument of Eugenics”

Here is a link to an excellent piece by Michael Paulsen. The article was just published in the Harvard Law Review Forum. Paulsen discusses trait selection abortion bans, which are increasingly common. He notes that these bans “pose hugely important, stark, and seemingly unavoidable legal and moral challenges to the constitutional regime of Roe.”

Categories
Abortion Constitutionality Down Syndrome abortions

Eighth Circuit Enjoins Missouri Down Syndrome Abortion Law

Here is a link to today’s decision by the Eighth Circuit affirming a district court decision enjoining Missouri’s Down Syndrome abortion law. The appellate court’s decision was 2-1 with Judge Stras in dissent. The Missouri law prohibits abortions if the provider “knows that the woman is seeking the abortion solely because of a prenatal diagnosis, […]