Posts Tagged ‘Roe v. Wade’
The phony rape exception to abortion bans | The Hill – Column
Now that the Supreme Court permits states to outlaw abortion, Republican state legislators are bitterly split over whether abortion bans should include exceptions in cases of rape. This is a pointless political fight. Laws forbidding abortion often force women to bear their rapists’ babies. If you don’t want to do that, don’t support abortion prohibitions. For many…
Read MoreForced Labor: Why the Thirteenth Amendment Protects Abortion Rights | Washington Monthly – OpEd
or centuries in America, a class of persons was regarded as a servant caste whose duty was to work for the benefit of others and not themselves. That duty was bound up with a complex legal structure that closed off avenues of escape to ensure they did the work they were expected to do. Their…
Read MoreThe Supreme Court’s squandered opportunity | The Hill – Column
In 2022 the Supreme Court threw away an opportunity to ameliorate the toxic polarization of America. After the unseemly gamesmanship that led to the appointments of Neil Gorsuch and Amy Coney Barrett, the new conservative majority should have looked for opportunities to, as Barrett said shortly after her confirmation, “convince you that this court is not comprised of a bunch…
Read MoreThe abortion emergency in the federal courts | The Hill Column
It is now notorious that the criminalization of abortion, in the wake of the Supreme Court’s overruling of Roe v. Wade, doesn’t do much to lower the abortion rate but has had devastating effects on the ability of doctors to treat pregnancies that go wrong. Horror stories accumulate. Opponents of abortion have claimed that the press has exaggerated the…
Read MoreAkhil Amar and the Dobbs draft — The Hill Column
Yale Law Professor Akhil Amar, in a prominent defense of the Supreme Court’s leaked draft opinion overruling Roe v. Wade, argues in the Wall Street Journal that it contains “nothing radical, illegitimate or improperly political.” Amar supports abortion access but doubts that it is protected by the Constitution. He emphasizes that Roe was poorly reasoned. He thinks that…
Read More‘Roe,’ Precedent, and Reliance — The American Prospect
Supreme Court Justice Alito’s recently leaked draft opinion overruling Roe v. Wade is remarkable for many reasons, not least its treatment of precedent. Justice Amy Coney Barrett has observed that, among the reasons why courts follow their own precedents, “the protection of reliance interests is paramount.” People make plans based on the law as they understand it, and abrupt…
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