Here is link to today’s Sixth Circuit 2-1 decision refusing to grant a stay of a federal district court ruling enjoining provisions of Tennessee law relating to abortion. The Tennessee law imposes waiting periods before a woman can obtain an abortion. Such laws have been regularly upheld by the courts. As the dissent by Judge […]
Category: Constitutionality
Here is a link to a good article by Alexandra DeSanctis on the effort to ban Down-Syndrome abortions. The article describes Governor Kristi Noem’s efforts to promote protective legislation in South Dakota. “God created each of us and endowed all of us with the right to life. This is true for everyone, including those with […]
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Ed Whelan on the Dobbs case
Here is a link to a National Review piece by Ed Whelan arguing that the US Supreme Court ought to grant review in the Dobbs case, which involves the constitutionality of Mississippi’s law banning abortion after 15 weeks gestational age.
Here is a link to a story from the Catholic News Agency reporting on a statement issued by President Biden in which the new President affirms his support for abortion rights and for appointing judges who will support abortion rights. Biden has also indicated his support for abortion funding. Most think he will soon reverse […]
The 48th anniversary of the Court’s decision in Roe v. Wade is later this week. Here is a link to my article entitled “Re-Reading Roe v. Wade,” which was presented at Washington & Lee Law School at a 2013 conference organized by Sam Calhoun. Here is a link to Clarke Forsythe’s book on Roe.
Here is link to a good article by Michael Cook discussing a recent Eighth Circuit case, which I noted a few days ago. Cook highlights the concurring opinion by Judge Erickson who highlighted the link between abortion and modern-day eugenics. That link has been made forcefully by Justice Clarence Thomas.
Here is a good article by Gerry Bradley from First Things entitled “Biden’s Promise to Codify Roe.” Bradley explains that the codification of Roe would mean that the reversal of Roe by the US Supreme Court would have very little impact. That’s because the conservatives on the Court are likely to continue to take the […]
Here is Scotusblog’s account of the Court’s 6-3 ruling: “The Supreme Court on Tuesday granted a request from the Food and Drug Administration to reinstate a federal requirement that a pill used to induce abortion in the early stages of pregnancy be picked up in person from a health care provider. A federal district judge […]
Here is link to today’s decision by the Eighth Circuit affirming an injunction prohibiting enforcement of two provisions of Arkansas law restricting abortion. One provision prohibits abortion after 18 weeks and the other provision prohibits abortion after a Down Syndrome diagnosis if the abortion is sought due to that reason. Two judges (Judges Shepherd and […]
Here is a link to a recent decision by the 5th Circuit invalidating a Texas law limiting D & E abortions. The vote was 2-1. Judge Willett wrote an impassioned dissent. Texas is likely to continue to defend the law; the most likely next step would be for the state to ask the full 5th […]