Courthouse Steps Pre-Argument Webinar: Dobbs v. Jackson Women's Health Organization
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- Опубліковано 9 лип 2024
- On December 1, 2021, the U.S. Supreme Court will hear Dobbs v. Jackson Women's Health Organization, one of the most anticipated cases on the Court's docket in recent years, on the question of whether all pre-viability prohibitions on elective abortions are unconstitutional.
In defending its ban on abortions after 15-weeks gestation, Mississippi asks the Court to overrule Planned Parenthood v. Casey and Roe v. Wade, arguing that the cases were egregiously wrong because a right to abortion has no basis in the text, structure or history of the Constitution. Mississippi further argues that the various frameworks have proved hopelessly unworkable; that the cases have inflicted severe damage on democratic self-government, on the country, and on the understanding that the Supreme Court is a neutral arbiter of the law; that they have been overtaken by a better legal and factual understanding; that reliance interests do not support upholding Roe; and that accordingly stare decisis principles counsel in favor of overruling them. Respondents argue that the viability standard is the central line that underpins these rulings, and that the Court's decision to retain it in Casey, in the face of repeated requests to abandon it both in the years leading up to Casey and in Casey itself, makes the bar for overruling it particularly high. They further note stare decisis's centrality to the rule of law and to public confidence in the courts. They add that the viability standard is well-grounded in the Constitution and that a right to abortion remains critical to women's equal participation in the workforce.
Our panel will explore these and other arguments and consider whether overruling these decisions, maintaining the viability line in some form, or some other approach best serves the rule of law.
Featuring:
Prof. Daniel Farber, Sho Sato Professor of Law, University of California, Berkeley
Prof. Sherif Girgis, Associate Professor of Law, University of Notre Dame Law School
Prof. Julia Mahoney, John S. Battle Professor of Law, University of Virginia School of Law
Prof. Richard Re, Joel B. Piassick Research Professor of Law, University of Virginia School of Law
Prof. Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law
Moderator: Hon. Thomas B. Griffith, formerly U.S. Court of Appeals, D.C. Circuit
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As always, the Federalist Society takes no position on particular legal or public policy issues; all expressions of opinion are those of the speaker.
Wow. A congenial discussion. Need more of this.
Thanks to the panellist for educating us, highly appreciated. I had the privilege of reading Professor Mary Zieglar's books on the subject of abortion, especially on Roe v Wade.
According to scientific evidence, a baby is moving fluidly and gracefully inside a mother's womb at 11 weeks pregnant belly. An 11-week fetus has skin that's see-through but is on its way to becoming more opaque. At 11 weeks, the baby's fingers and toes aren't webbed anymore. Tooth buds, hair follicles and nail beds are forming too.
An abrogation of Roe and a penal code classification of abortion as murder would do wonders for restoring this country to a set rational moral values rooted in the natural law. This is essential for a healthy republic.
This was very helpful for those who do not know the law..Thank you
Wish I had been listening live, so that I could ask if any court has ever considered abortion's indirect but definite relationship to risk factors for breast cancer, or if anyone thought the topic might come up in Dobbs.
Dope video
Don't Murder Your Children.
Idk I was rooting strongly for relpublicans by now but with it as it is I would root democarat again so that's that. Would be an interresting election to watch for sure.
The strong have the right to do their will over the weaker (the triumph of the will) roe vs wade demands that a Siamese has the right to commit suicide ... but shooting himself in the other head IF YOU ARE THE JUSTICE PLEASE DON'T LIE Responses to fetal pain begin at week 8. “The formation of myelin (development of the insulating layer of the nervous system) occurs long before birth. These myelinated fibers can transmit pain impulses to the spinal cord and from there to the brain, and the nerve tracts do not have to be complete to function competently ” Pain-sensitive transmitters are complete by week 14. By then the cerebral cortex is 30-40% complete enough for pain transmitters and receptors to function fairly efficiently. William Liley, Mortimer Rosen confirmed that the response to pain is at least proportional to that amount As you have seen, the assumption that pain cannot occur until the nervous system is complete is obviously wrong.
So... when is the pro-life movement going to demand that torture be outlawed then and jobs and housing a legal right?