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Abortion Constitutionality Dobbs v. Jackson Women's Health Organization Down Syndrome abortions

6th Circuit Allows Tennessee’s Ban on Down Syndrome Abortions to go into Effect

Here is an AP story on the Sixth Circuit’s oder allowing Tennessee’s ban on Down syndrome abortions to go into effect. The court is apparently allowing the statute to go into effect pending the Supreme Court’s decision in the Dobbs case.

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Abortion Constitutionality

49th Anniversary of Roe v. Wade on January 22, 2022

This Saturday is the 49th anniversary of the Court’s decision in Roe v. Wade. Perhaps this will be the last year when Roe (1973)and Casey (1992) protect a nearly unlimited right to abortion. Here is a link to my article entitled “Re-Reading Roe v. Wade,” which was presented at Washington & Lee Law School at a […]

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Abortion Constitutionality Texas Heartbeat Law

Fifth Circuit Sends Heartbeat Case to Texas Supreme Court

Here is a link to the Fifth Circuit’s order. The divided panel sent the Texas Heartbeat case to the Texas Supreme Court. This order was issued after the case was remanded to the 5th Circuit by the US Supreme Court. The US Supreme Court, which refused a request to enjoin the law pending the challenges […]

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Abortion Constitutionality Dobbs v. Jackson Women's Health Organization

Alexandra DeSanctis on the new New Jersey Law on Abortion

Here is a good article by Alexandra DeSanctis on the new New Jersey law protecting access to abortion. The article makes it clear that if the Supreme Court overrules Roe and Casey the battle over abortion will switch to the states. And states such as New Jersey have moved to aggressively protect access to abortion. […]

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Abortion Constitutionality Texas Heartbeat Law

Texas Heartbeat Case Argued Before the Fifth Circuit

Here is a link to a story in Bloomberg about the latest developments in the Texas Hearbeat case. The US Supreme Court, which refused a request to enjoin the law pending the challenges to the constitutionality of the statute, suggested that Texas licensing authorities might be proper defendants in the suits challenging the constitutionality of […]

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Abortion Conscience protection Constitutionality Dobbs v. Jackson Women's Health Organization Religious views

“The Religious Question and Abortion”

Here is a link to a good post by Teresa Collett addressing “The Religious Question and Abortion.” Collett addresses the line of questioning during the recent oral arguments in the Dobbs case by Justice Sotomayor who suggested that opposition to abortion is necessarily based on religion. I have addressed this issue in this article. Sotomayor’s […]

Categories
Abortion Constitutionality Down Syndrome abortions Fetal anomolies and disabilities

Arizona Asks Supreme Court to Allow Down Syndrome Ban to go into Effect

Here is link to a report on Scotusblog discussing the State of Arizona’s effort to enforce its law prohibiting abortions when the sole reason for the abortion is the genetic abnormality of the unborn child. The law was enjoined by a lower court. Arizona filed a emergency motion with the United States Supreme Court asking […]

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Abortion Constitutionality Court cases

Texas Heartbeat Law Still in Effect

Here is a link to a story in National Review about this morning’s decisions from the Supreme Court in the cases dealing with challenges to the Texas Heartbeat law.  The Court allowed the challenges by abortion providers to continue as to certain defendants but allowed the law to remain in effect. Here is a link […]

Categories
Abortion Constitutionality Dobbs v. Jackson Women's Health Organization

Oral Arguments in Dobbs

Yesterday (December 1, 2021), the United States Supreme Court heard oral arguments in Dobbs v. Jackson Women’s Health Organization. Dobbs involves the constitutionality of Mississippi’s Gestational Age Act, which prohibits most abortions after 15 weeks. Dobbs affords the Court yet another opportunity to jettison Roe v. Wade and Planned Parenthood v. Casey. Most observers thought […]

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Abortion Constitutionality

Ed Whelan on the Oral Arguments in the Texas Heartbeat Case

Here is a link to a short item from Ed Whelan about the oral arguments in the Texas Heartbeat case. Whelan links to other articles discussing the arguments, including two long posts by Stephen Sachs. UPDATE: Here is a link to another piece by Whelan. The more recent piece also includes a link to a […]