The latest edition of the Ave Maria Law Review contains several articles of interest. Here are the citations: Clarke D Forsythe & Rachel N. Morrison, Stare Decisis, Workability, and Roe v. Wade: An Introduction, 18 Ave Maria L. Rev. 48-108 (2020); Paul Benjamin Linton, The Pro-Life Movement at (Almost) Fifty: Where Do We Go From […]
Category: Constitutionality
Here is a link to a LifeNews story on today’s decision by the United States Court of Appeals for the Sixth Circuit holding unconstitutional Kentucky’s ban on dismemberment abortions. The decision was 2-1. Judge Bush dissented on the grounds that the abortion clinic that brought the case did not have standing to assert the rights […]
Here is a link to a Reuters story on the latest developments concerning whether Texas may ban certain abortions during the coronavirus pandemic. Here is a link to LifeNews story describing the 5th Circuit’s (2-1) decision and also summarizing how this issue is playing out in other states around the country.
Here is link to a very interesting paper by Steven Andrew Jacobs. The paper is entitled: “The Future of Roe v. Wade: Have Recent Developments Robbed Roe of its Original Justification?” Here is the abstract: “While many legal scholars and Supreme Court Justices on both sides of the national abortion controversy argue Roe v. Wade […]
Here is a link to LifeNews story describing the Fifth Circuit ruling. The Fifth Circuit was split 2-1. The majority opinion was by Judge Kyle Duncan.
Here is a link to a LifeNews story with the developments. Other states have also restricted abortions during the crisis, but some courts have allowed the abortion clinics to continue to operate. The LifeNews story has reports on the developments in other states.
On March 11, 2020, the full Sixth Circuit heard oral arguments in a case challenging the constitutionality of Ohio’s Down Syndrome Non-Discrimination Act. That law prohibits abortions when the women is seeking abortion due to a diagnosis of Down syndrome. By a 2-1 vote, a 3-judge panel of the Sixth Circuit held the law unconstitutional […]
Here is preview of the upcoming oral arguments in June Medical Services v. Russo, which involves the constitutionality of a Louisiana law requiring that doctors who perform abortions have admitting privileges at local hospitals. The Supreme Court will hear arguments on Wednesday March 4, 2020. A decision isn’t expected until late June.
Here is a link to a recent (February 24, 2020) 7-4 decision by the United States Court of Appeals for the Ninth Circuit rejecting a challenge to HHS Regulations implementing Title X of the Public Health Service Act. Title X prohibits grant funds from being used in programs where abortion is a method of family […]
Here is a link to an opinion from the United States Court of Appeals for the Fifth Circuit affirming a lower court opinion enjoining Mississippi’s law banning abortions after the detection of a fetal heartbeat. The court’s brief per curiam relied on existing precedent.