Home > announcement, Calhoun, Samuel W., faculty scholarship, scholarship > Samuel W. Calhoun: “Partial-Birth Abortion” Is Not Abortion

Samuel W. Calhoun: “Partial-Birth Abortion” Is Not Abortion

September 3, 2010 Leave a comment Go to comments

Professor Samuel Calhoun‘s article, “Partial-Birth Abortion” Is Not Abortion: Carhart II’s Fundamental Misapplication of Roe, 79 Miss. L. J. 775 (2010) was published over the summer in the Mississippi Law Journal.

The piece is a critical assessment of the Supreme Court’s classification of partial-birth abortion as an abortion. Professor Calhoun demonstrates that the partial-birth procedure in fact does kill a baby during its birth, lending credence to the argument that the procedure is not really an abortion at all, but rather infanticide.

Professor Calhoun then goes on to challenge the extent of Roe v Wade‘s jurisprudential value. He argues that Roe, properly understood, is inapplicable to partial-birth bans. Courts, however, including the United States Supreme Court in Carhart II, have routinely used Roe/Casey‘s analytical framework to evaluate partial-birth abortion. The article proposes that courts return to the rational basis test, rather than Roe/Casey, as the proper evaluative tool.

Congratulations to Professor Calhoun for getting this article published.

  1. Judy
    February 25, 2012 at 9:47 AM

    Thank you Samuel Calhoun for this Article, it is in fact logical, and denudes the mendacious
    facts of those who support Abortion in any circumstance.

  1. No trackbacks yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Follow

Get every new post delivered to your Inbox.

Join 284 other followers

%d bloggers like this: