Roe’s life-or-health exception
A recently published article by Professor Stephen Gilles does an excellent job of revealing the Supreme Court’s failure to articulate a clear meaning for Roe v. Wade’s life-or-health exception: Roe’s Life-Or-Health Exception: Self-Defense or Relative-Safety?, 85 Notre Dame Law Review 525 (Feb. 2010). As many of you know, Roe allows states to prohibit abortions of […]
The nomination of Elena Kagan
President Obama has nominated Elena Kagan to replace John Paul Stevens on the United States Supreme Court. If confirmed, Kagan will not likely change the balance of the Court on the issue of abortion. Justice Stevens was a strong defender of Roe v. Wade and there is little reason to think that Kagan will depart from […]