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Articles 1 - 4 of 4
Full-Text Articles in Law
Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir
Defending The Constitutionality Of Abortion Rights, Sydney Reil, Cynthiana Desir
Brigham Young University Prelaw Review
In 2018, the constitutionality of the Mississippi Gestational Act was called into question by the Jackson Women’s Health Organization. This act illegalized the majority of abortions after 15 weeks of pregnancy. Given the constitutional right to abortion granted by Roe v. Wade and upheld by Planned Parenthood v. Casey, both the U.S. District Court for the Southern District of Mississippi and the U.S. Court of Appeals for the Fifth Circuit deemed the Act unconstitutional as a violation of that right. The State of Mississippi brought the case under the review of the United States Supreme Court in 2021, seeking …
A Country In Crisis: A Review Of How The Illegitimate Supreme Court Is Rendering Illegitimate Decisions And Doing Damage That Will Not Soon Be Undone., Regina L. Ramsey ,Esq
A Country In Crisis: A Review Of How The Illegitimate Supreme Court Is Rendering Illegitimate Decisions And Doing Damage That Will Not Soon Be Undone., Regina L. Ramsey ,Esq
Journal of Race, Gender, and Ethnicity
This article will discuss in detail exactly how the court is illegitimate and makes decisions that are illegitimate, using examples from the October 2021 term. It will also explain why action needs to be taken immediately to reign in this run-away Court to restore public trust. As discussed herein, we cannot sit by and patiently wait for the Court to right itself over time because there are important issues on the current docket, such as race-conscious admissions policies of colleges and universities to ensure student bodies are diverse as future leaders are prepared to live and work in a diverse …
Feminist Legal Theory And Praxis After Dobbs: Science, Politics, And Expertise, Aziza Ahmed
Feminist Legal Theory And Praxis After Dobbs: Science, Politics, And Expertise, Aziza Ahmed
Faculty Scholarship
Fifty years ago, in Roe v. Wade, Justice Blackmun set into motion the idea that abortion should be a decision between a woman and her doctor.' That idea traveled from the Supreme Court decision to popular discourse; with it, came the notion that when it comes to reproduction, medical experts are a key part of women's liberation. In Dobbs v. Jackson Women's Health Organization, the court ignored the role of experts and threw the question of who should decide when and how a person has an abortion to the people. In my essay for this symposium issue dedicated to feminist …
The Impact Of Post-Dobbs Abortion Bans On Prenatal Tort Claims, Aviva K. Diamond
The Impact Of Post-Dobbs Abortion Bans On Prenatal Tort Claims, Aviva K. Diamond
Michigan Law Review
In June 2022, the Supreme Court revoked Americans’ fundamental right to abortion in Dobbs v. Jackson Women’s Health Organization. However, the Court said nothing about how its decision would impact tort claims related to reproductive care. Many states have since adopted near-total or early-gestational- age abortion bans, which has not only diminished access to reproductive care, but has also incidentally impaired the ability of plaintiffs to bring long-recognized prenatal tort claims. Prenatal tort claims—wrongful pregnancy, birth, and life—allow victims to recover when a medical professional negligently performs reproductive or prenatal care. This Note identifies the impact that post-Dobbs …