Sunday, December 26, 2021

Dobbs v. Jackson Women's Health Organization and the Abortion Liberty: Something to think about over the break

 I am not--not--assigning this for our course. But I know many of you are very interested in this case and in the abortion liberty. Here are some resources you may wish to consult over the Winter Break.

Here is a link to Oyez on Dobbs

This includes a link to the oral argument in the case. The oral argument was very interesting. It runs about 2 hours, but it is worth your time.

And here is how Oyez summarizes the case:

 

Facts of the case

In 2018, Mississippi passed a law called the “Gestational Age Act,” which prohibits all abortions, with few exceptions, after 15 weeks’ gestational age. Jackson Women’s Health Organization, the only licensed abortion facility in Mississippi, and one of its doctors filed a lawsuit in federal district court challenging the law and requesting an emergency temporary restraining order (TRO). After a hearing, the district court granted the TRO while the litigation proceeded to discovery. After discovery, the district court granted the clinic’s motion for summary judgment and enjoined Mississippi from enforcing the law, finding that the state had not provided evidence that a fetus would be viable at 15 weeks, and Supreme Court precedent prohibits states from banning abortions prior to viability. The U.S. Court of Appeals for the Fifth Circuit affirmed.

Question

Is Mississippi’s law banning nearly all abortions after 15 weeks’ gestational age unconstitutional?

 

The Supreme Court will decide the case in 2022, probably at the end of June or early July.

And remember, both sides of this issue are pursuing social justice and life, liberty, and equality for all. They just have competing visions of what is at stake, competing understandings of the good. The mission of the Law College does not pick ideological sides. We  encourage all of our students to pursue life, liberty, and equality based upon your own vision of social justice.

 

Tuesday, December 21, 2021

Art Can Speak Volumes Without a Single Word

Updated Version of Edward Hopper's Nighthawks: Fear vs living life without demanding zero risks


Merry Christmas and Happy Holidays.

Thursday, December 16, 2021

Violent Political Protest and the State's Obligation to Protect Private Property

 As we get ready to enjoy our Winter Break, let me ask you this question: Is violent political protest--burning buildings, looting stores and shops, and assaulting those who disagree with you--a legitimate form of political protest? Ever? Sometimes? When? To protest police brutality and racism when an unarmed suspect is killed by police? When protesting the violent death-by-abortion of 60 million unborn children? When protesting the results of an election?

 Should government stand down, stand by, and allow such politically-motivated violence to take place? 

Sadly, this is a question that must be posed in contemporary America. It directly relates to property and the obligation of the state to protect our property and our businesses from unlawful violence and destruction. When protest takes the form of violence, it is no longer political speech protected by the First Amendment; it is criminal behavior that destroys the property, businesses, and livelihoods of others.

Please think about it as you prepare to become inclusive leaders protecting the rule of law and  justice-for-all.

Saturday, December 04, 2021

Mid-year Exam Announcements


 

 

1. I have scheduled a Q & A session for Monday December 13 at 6 PM in Room 113. It is, of course, optional. But if you have questions, please come and I will try to answer them.

2. On the first class of Spring semester (Wednesday January 19, 2022), we will go over the exam so you can see what you got right and what you got wrong. There will be no assignment for that class.

See you on December 13!