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Abortion Constitutionality

Robert George Predicts “Roe Will Go”

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 […]

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Abortion Constitutionality International

Ligia de Jesus Castaldi on International Abortion Law and the Overruling of Roe

Here is a link to a good article in Public Discourse by Professor Ligia de Jesus Castaldi. The article is entitled “The Supreme Court Should Look at International Abortion Law and Overrule Roe v. Wade.” The article notes that the US law on abortion is more permissive than the law of almost every country. Overruling […]

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Abortion Constitutionality

Texas Heartbeat Act

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 […]

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Abortion Constitutionality

Ed Whelan on the Fifth Circuit Decision Upholding a Texas Statute Banning Dismemberment Abortions

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 […]

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Abortion Conscience protection

Federal Court Protects Doctors’ Refusal to Perform Abortions

Here is a link to a story by Wesley Smith discussing a recent federal court decision protecting doctors who have religious objections to performing abortions.

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Abortion Constitutionality

6th Circuit Upholds Tennessee Law Requiring a 48 Hour Waiting Period Before an Abortion

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 […]

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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 […]