Mary Ann Glendon and Carter Snead and “The Case for Overturning Roe”
Here is a link to a good essay by Mary Ann Glendon and Carter Snead entitled “The Case for Overturning Roe.” The essay is in National affairs. Here is their conclusion: “Nothing in the Constitution or the Court’s role requires such a deleterious framing of the complex human relationships at stake. The Court has no […]
Stephen Gilles on Dobbs
Here is a link to an amicus brief filed by Professor Stephen Gilles. Gilles argues that the Court ought to overrule Roe and Casey. Gilles notes that this outcome would be clear under the Glucksberg Court’s approach to identifying fundamental rights. Glucksberg emphasized “history and tradition” and under such an approach there is no way […]
Judge Thapar on Roe and Casey
Here is a link to recent (September 10, 2021) opinion of the Sixth Circuit enjoining two provisions of Tennessee law. One provision banned abortions after a fetal heartbeat is detected and the other banned abortions when the doctor performing the abortion knows that the pregnant woman is seeking the abortion because of the race or […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]