The People have already spoken on abortion, Part 2

In part 1 of this blog, I suggested that a plain reading of the text of the Fourteenth Amendment included the unborn in the class of “any person” to whom are given the benefits of due process and equal protection from the reaches of the States and (through the Fifth Amendment) the Federal Government before

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The People have already spoken on abortion, Part 1

  Roe v. Wade has frequently been criticized because it has taken out of the democratic process the decision of when life begins and when a fetus should achieve legal rights.  Allowing individual States to make the decisions, those who advance this argument says, will help unify us (at least those of us whose voice can

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Eighth Circuit Opens the Door for a Proper “Undue Burden” Analysis on the Availability of Abortion Services

On September 10, 2018, the Eighth Circuit in Comprehensive Health of Planned Parenthood Great Plains v. Hawley (No. 17-1996) smacked the district court for entering a preliminary injunction against Missouri regulations that are designed to improve the safety of abortion surgery.  The district court had applied like a blunt instrument the Supreme Court’s latest pronouncement

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The Crusade to Outlaw Conversion Therapy Falsely Claims a “Scientific Consensus”

Model legislation has been pushed across the country, with success in several States, that prohibits counselors from using “conversion therapy” for those with homosexual or transgender inclinations.  This model legislation begins with “findings” about an alleged “consensus” of “scientific” opinion that any attempt to persuade someone that homosexual and transgender inclinations are undesirable is senseless

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Teachers Have Free Exercise Rights, Too

Using the Establishment Clause as a brake on the Free Exercise Clause, the Ninth Circuit has recently held that a public school could prohibit a high school football coach from kneeling by himself on the field to pray briefly after a game because students could see him exercise his religion in that way.  NLF will

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WE DODGE THE BULLET IN MASTERPIECE CAKESHOP

The Supreme Court in Masterpiece Cakeshop struck down Colorado’s punishment of a baker who refused to make a cake for a same-sex marriage (SSM).  It did so, though, on different grounds than were principally presented. The case was principally argued on the basis that, because decorating a cake was “artistic” expression, it was “speech” under the First

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