On December 13, 2019, the Fifth Circuit affirmed a lower court decision striking down Mississippi’s law banning abortions after “15 weeks’ gestational age.” The decision is noteworthy, though, for the opinion by Judge James Ho who concurred in the judgment. Here is a link to the opinion.
Judge Ho’s opinion will undoubtedly attract much attention. He notes that “Nothing in the text or original understanding of the Constitution establishes a right to an abortion.” He went on to critique the district court opinion because, as Judge Ho explains, that opinion “displays an alarming disrespect for the millions of Americans who believe that babies deserve legal protection during pregnancy as well as before birth, and that abortion is the immoral, tragic, and violent taking of innocent human life.” I will have more to say about Judge Ho’s opinion in later posts.