The Corner

Buck On Doe V. Bolton

Roe v. Wade created only a limited constitutional right to abortion, subject to state limitations, particularly in the third trimester. Yet Roe’s companion case, Doe ve. Bolton exploded Roe’s limits by requiring that any state restrictions include an exception for the health of the mother, defined to include emotional and psychological factors. At least, that’s the conventional account (see, e.g., Ramesh’s recent piece here). Legal blogger Stuart Buck suggests this account is wrong. According to Buck, the language traditionally interpreted as requiring an exception for the expectant mother’s emotional and psychological well-being did not establish such a mandate as a matter of federal constitutional law. Rather, it was interpreting the meaning of the state statute at issue, under which health was not limited to physical health and did include emotional and psychological factors. Although the Doe decision is over three decades old, this dispute continues in the litigation over state partial-birth abortion bans. For those interested in the issue, the Buck post is worth a look.

Jonathan H. Adler — Jonathan H. Adler is the Johan Verhiej Memorial Professor of Law and Director of the Center for Business Law and Regulation at the Case Western Reserve University School of Law.

Most Popular

Film & TV

The Mob Gets Kevin Hart

This week, shortly after being tapped to host the Oscars, Hollywood star Kevin Hart found himself on the wrong side of the woke social-justice warriors. His great sin: Years ago, he tweeted jokes referencing homosexuality. More egregiously, in 2010, he did a comedy bit in which he discussed not wanting his son, ... Read More
PC Culture

America Is Intolerably Intolerant

When you think of the sheer vindictiveness of what happened to Oklahoma quarterback Kyler Murray, it takes your breath away. On the very night of his greatest career triumph, a reporter dug up his old tweets (composed when he was a young teenager), reported on the most offensive insults, and immediately and ... Read More
Film & TV

Aquaman Stinks Like Last Month’s Fish

A  major plot point in Aquaman is the tidal wave of garbage with which the undersea folk attack us surface dwellers. These two groups are spoiling for a fight, but I always thought Warner Bros. and I got along pretty well. What did I do to deserve the tidal wave of garbage that is Aquaman itself? I refuse to ... Read More