Topic
Abortion Law
94 published works
Verfassungsblog
Patchwork Law (Love)
The ruling coalition came to power on a clear promise: to liberalize abortion law and introduce legal recognition for same-sex couples. While abortion bills have reached the committee stage and…
Religion Clause
Wisconsin Supreme Court: Legislature Impliedly Repealed 1849 Abortion Ban
In Kaul v. Urmanski, (WI Sup. Ct., July 2, 2025), the Wisconsin Supreme Court in a 4-3 decision held that 1849 state law criminalizing abortions has been impliedly repealed by later…
Religion Clause
In Britain, Commons Passes Bill Removing Prosecution of Women for Their Own Abortion; Extending Time Sue for Child Sex Abuse
On June 18, Britain's House of Commons by a vote of 312-95 passed and sent to the House of Lords the Crime and Policing Bill. Among the provisionsin the 444-page bill…
Family Law Prof Blog
Abortion laws are all over the map. A new online tool from U of I researchers will help track them
By Family Law
From University of Illinois:Ever since Roe v. Wade was overturned in 2022, abortion laws have been literally all over the map, and difficult to track. But Robin Fretwell Wilson, a professor…
Health Law Rx
Idaho’s Defense of Life Act and EMTALA: For Now, A Federal Court Permits an Idaho Health System To Stabilize Pregnant Patients Even If the Care Endangers a Fetus
By Noam Fischman, Ameer Al-Khudari
An Idaho federal court has resolved the tension between that state's restrictive abortion law and the federal Emergency Medical Treatment & Labor Act (EMTALA) in favor of a hospital system's…
Religion Clause
Catholic Doctors Sue HHS Over Interpretation of EMTALA’s Impact on State Abortion Bans
Suit was filed last week in a Tennessee federal district court by an organization of Catholic physicians challenging a July 2022 Memorandum and accompanying Letter from the Department of Health and…
Religion Clause
9th Circuit Hears Oral Arguments on Whether EMTALA Pre-empts State Abortion Ban
Yesterday, the U.S. 9th Circuit Court of Appeals, sitting en banc, heard oral arguments (video of full oral arguments) in United States v. State of Idaho, (9th Cir., 12/10/2024). The…
Family Law Prof Blog
Vaughan McWilliam: “Critical Abortion Theory”
By Family Law
Ashley E. Vaughan McWilliam (Harvard Law School) has recently posted to SSRN her paper Critical Abortion Theory, J.L. Soc'y (2024). Here is the abstract:Power struggles play out in law, and…
Family Law Prof Blog
Donley & Kelly: “Abortion Disorientation”
By Family Law
Greer Donley (University of Pittsburgh - School of Law) and Caroline M. Kelly (University of Chicago Law School) recently posted their Article, "Abortion Distortion" (forthcoming in Duke Law Journal) on…
Religion Clause
Arizona Supreme Court Says 159-Year-Old Abortion Ban Is Enforceable
In Planned Parenthood Arizona, Inc. v. Mayes, (AZ Sup. Ct., April 9, 2024), the Arizona Supreme Court held that A.R.S. §13-3603 that outlaws all abortions except when necessary to save…