Bench Memos

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My USA Today Op-Ed


USA Today kindly invited me write an op-ed opposing its view on yesterday’s Supreme Court ruling in the partial-birth abortion case.  My op-ed, published in today’s paper (and written within the paper’s very tight space constraints), is available online here.


I hope to write more fully in the near future on the critical distinction between facial and as-applied challenges.  For now, ask yourself this question (and assume, for purposes of the question, that no abortion regulation can be applied in a manner that poses a serious threat to a mother’s health):  Even if it were shown that there are special circumstances in which the partial-birth abortion ban would pose a genuine threat to a mother’s health, is that any reason to invalidate the ban in its entirety (as opposed to preventing its application only in those circumstances)?

Tags: Whelan


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