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.