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Constitutional Law Commons

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Fourteenth Amendment

2021

Due Process Clause

Articles 1 - 2 of 2

Full-Text Articles in Constitutional Law

A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony Apr 2021

A Costly Victory: June Medical, Federal Abortion Legislation, And Section 5 Of The Fourteenth Amendment, Thomas J. Molony

Arkansas Law Review

The United States Supreme Court’s recent major abortion ruling in June Medical Services L.L.C. v. Russo was a win for abortion rights supporters, but a costly one. Although the June Medical Court struck down a Louisiana law requiring abortion doctors to have admitting privileges at a local hospital, a majority of the Justices—and most importantly, Chief Justice Roberts, whose concurrence constitutes the Court’s holding—stressed that Casey’s constitutional standard for pre-viability abortion regulations is not the amorphous balancing test the Court suggested in Whole Woman’s Health v. Hellerstedt, but a more deferential one under which a pre-viability regulation typically will be …


Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton Jan 2021

Government Falsehoods, Democratic Harm, And The Constitution, Helen Norton

Publications

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