Law Commons^™

Conscience And Citizenship: The Primacy Of Conscience For Catholics In Public Life, Gregory A. Kalscheur S.J.

Gregory A. Kalscheur, S.J.

In their statement, Forming Consciences for Faithful Citizenship, the U.S. Catholic bishops acknowledge that “the responsibility to make choices in political life rests with each individual in the light of a properly formed conscience.” This essay argues that, in light of this responsibility, it is important to affirm a commitment to the primacy of conscience as that idea has been understood in the Catholic tradition. If we really expect voters and public officials to make responsible, conscientious decisions about matters of public policy, we should not speak in ways that suggest that the proper formation of conscience is simply a …

Between Law And Conscience: Jones V. Van Zandt (1847) And The Constitutional Obligation Of Obedience, Michael J.C. Taylor

Michael J.C. Taylor

Article VI of the U.S. Constitution states categorically that “the Laws of the United States shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the authority of the United States, shall be the supreme Law of the Land.” In congruence with this clause several decisions of the U.S. Supreme Court have reaffirmed the sovereignty of the federal government in cases involving issues ranging from state sovereignty to personal actions. Yet, the Court’s decision in Jones v. Van Zandt (1847) was unique in its assertion that a citizen under the authority of the constitution …

Taking Conscience Seriously Or Seriously Taking Conscience?: Obstetricians, Specialty Boards, And The Takings Clause, Michael A. Fragoso

Notre Dame Law Review

The article discusses the legal implications of conscience in obstetricians and healthcare providers. It provides background on controversies related to abortion and conscience in obstetricians. It explains why a decertification by the American Board of Obstetricians and Gynecologists (ABOG) based on noncompliance with the College in Ethics Opinion No. 385 could constitute a regulatory taking. It analyzes whether or not ABOG satisfies the state action doctrine's public function rules.

The Constitutional Right To Refuse: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi

Mark L Rienzi

The Fourteenth Amendment rights of various parties in the abortion context—the pregnant woman, the fetus, the fetus’ father, the state—have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?

The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in our history and traditions. …

The Constitutional Right To Refuse: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi

Mark L Rienzi

The Fourteenth Amendment rights of various parties in the abortion context—the pregnant woman, the fetus, the fetus’ father, the state—have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?

The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in our history and traditions. …

The Hollow Promise Of Freedom Of Conscience, Nadia N. Sawicki

Nadia N. Sawicki

Two hundred years ago, Thomas Jefferson asserted that no law “ought to be dearer to man than that which protects the rights of conscience against the enterprises of the civil authority." Since then, freedom of conscience has continued to be heralded as a fundamental principle of American society. Indeed, many current policy debates – most notably in the medical and military contexts – are predicated on the theory that claims of conscience are worthy of legal respect. This Article challenges established assumptions, concluding that claims about the importance of conscience in American society have been highly exaggerated.

This Article first …

The Constitutional Right Not To Participate In Abortions: Roe, Casey, And The Fourteenth Amendment Rights Of Healthcare Providers, Mark L. Rienzi

Scholarly Articles

The Fourteenth Amendment rights of various parties in the abortion context – the pregnant woman, the fetus, the fetus’ father, the state – have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman’s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor’s right to decide whether to participate in abortion procedures?

The Court’s substantive due process analysis typically looks for rights that are “deeply rooted” in …