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Legal Commentary

: The Buck Stops Here

Good article

By Stuart Buck, Esq.

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My good friend and law school classmate Mark Rienzi (of Catholic Univ. School of Law) has a new article on the horizon. It argues as follows: The Fourteenth Amendment rights of various parties in the abortion context ? the pregnant woman, the fetus, the fetus? father, the state ? have been discussed at length by commentators and the courts. Surprisingly, the Fourteenth Amendment rights of the healthcare provider asked to provide the abortion have not. Roe and Casey establish a pregnant woman?s Fourteenth Amendment right to decide for herself whether to have an abortion. Do those same precedents also protect her doctor?s right to decide whether to participate in abortion procedures? The Court?s substantive due process analysis typically looks for rights that are ?deeply rooted? in our history and traditions...continue to full post

Full post as published by The Buck Stops Here on February 05, 2011 (boomark / email).

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