Tagged abortion

Two Ways of Thinking About the Undue Burden Test After Hellerstedt

By Mary Ziegler* This week, after the Supreme Court heard argument in Whole Women’s Health v. Hellerstedt, it seems tricky to predict the future of abortion rights. Justice Scalia’s passing and the ambiguity of Justice Kennedy’s stand make any bet on the outcome unwise. Just the same, history can still give us a sense of…

Small Government is a Conservative Value – Except When It’s Not

By Isaac Saidel-Goley* Support for small, decentralized government with increased local control is often described as a fundamental principle of conservative ideology and a primary talking point for conservative politicians. Conservative politicians and pundits often use this rhetoric as a strategy to attack progressive candidates and policy by portraying them as overbearing or even pseudo-dictatorial….

Case Comment: McCullen v. Coakley

Second in the HLPR Case Comment series: McCullen v. Coakley: How Should We Reconcile the First Amendment with Abortion Rights? Revisiting the Supreme Court’s June decision regarding protestors or “counselors” who located near the entrances to abortion clinics, Ana Choi examines the conflict between free speech rights and abortion rights in this case.

Free Exercise Clause Protection for Junk Science

By Tom Watts Today, the Supreme Court decided Burwell v. Hobby Lobby. In this post, I examine an issue that the Court passed over: whether Hobby Lobby’s belief is actually religious. The Court presumed so, but their presumption was incorrect, and the issue is dispositive. This makes the Court’s decision wrong. The First Amendment protects…

McCullen v. Coakley: “Something for Everyone”

By Ana Choi The Supreme Court has handed down its decision in McCullen v. Coakley, holding that the Massachusetts statute creating a 35 feet buffer zone around abortion clinics is unconstitutional on First Amendment grounds. Although the holding is unanimous, the majority opinion (written by C.J. Roberts and joined by JJ. Ginsburg, Breyer, Sotomayor, and…

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