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Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai
Pov: What Rights Could Unravel Next, In Light Of Draft Opinion By Scotus Overturning Roe V. Wade, Robert L. Tsai
Shorter Faculty Works
Beyond what Alito’s draft opinion in Dobbs v. Jackson Women’s Health Organization portends for the future of abortion rights is the striking method of analysis he employs in the reported draft. Despite his many efforts to reassure that the opinion “does not undermine” other constitutional rights “in any way,” it actually outlines a roadmap for the withdrawal of other cherished constitutional rights.
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain
Is The End Of Roe V. Wade Near? Leaked Scotus Brief Says Yes, Nicole Huberfeld, Linda C. Mcclain
Shorter Faculty Works
Protesters on both sides of the abortion debate descended on the US Supreme Court Monday night and into Tuesday after a leaked secret draft of a US Supreme Court opinion indicated that a majority of justices support overturning Roe v. Wade, after almost 50 years of legalized abortion rights in America. If finalized, possibly as soon as this summer, the bombshell could trigger a cultural tsunami across American life, forcing some women to travel to another state for an abortion and putting the divisive issue at the heart of the fall midterm elections.
Life In The Balance: Judicial Review Of Abortion Regulations, Khiara Bridges
Life In The Balance: Judicial Review Of Abortion Regulations, Khiara Bridges
Faculty Scholarship
Since the Supreme Court’s decision in Roe v. Wade, scholars have been preoccupied with the test that ought to be applied to abortion regulations. Debate has swirled around the question of whether laws that burden the abortion right should be reviewed with strict scrutiny, rational basis review, or some other multi-factor or categorical test and at what point during pregnancy these tests are appropriate. Moreover, since Planned Parenthood v. Casey, in which the Court replaced Roe’s trimester framework with the undue burden standard, commentators have questioned the propriety of this new test. This Article argues that the most important change …