This Article outlines a novel First Amendment compelled speech claim against a growing body of abortion restrictions, including fetal demise and burial laws, premised on a state interest in “expressing respect for potential life.” It weaves Fourteenth Amendment limitations together with developments set out last year in NIFLA v. Becerra to demonstrate that the Court’s expanding First Amendment...
What About the Rule of Law? Deviation From the Principles of Stare Decisis in Abortion Jurisprudence, and an Analysis of June Medical Services L.L.C. v. Russo Oral Arguments
Abstract The right to abortion was established in Roe v. Wade in 1973. Abortions have nevertheless been systemically inaccessible to vulnerable individuals and communities for generations, and anti-abortion state legislatures and the United States federal judiciary have continued to further obstruct abortion access. This effort to undercut reproductive rights has taken on a new sense of...