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Charlotte Lozier Institute

Phone: 202-223-8073
Fax: 571-312-0544

2776 S. Arlington Mill Dr.
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Charlotte Lozier Institute

Phone: 202-223-8073
Fax: 571-312-0544

2776 S. Arlington Mill Dr.
#803
Arlington, VA 22206

abortion cases in the higher federal courts

abortion cases in the higher federal courts

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September 14, 2023 Fact Sheet: Out-of-State Abortion Complications Fact Sheet: Out-of-State Abortion Complications September 13, 2023 Fact Sheet: Abortion and Mental Health Fact Sheet: Abortion and Mental Health August 24, 2023 Abortion “Shield Laws”: Pro-Abortion States Seek to Force Abortion on Life-Affirming States Abortion “Shield Laws”: Pro-Abortion States Seek to Force Abortion on Life-Affirming States
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abortion cases in the higher federal courts

Abortion Cases in the Higher Federal Courts

Abortion advocates contend that the United States Supreme Court is on the precipice of reversing Roe v. Wade—the conservative justices are simply waiting for the arrival of another like-minded colleague, and they may find that person in Judge Amy Coney Barrett. An honest review of recent decisions by the Court, however, simply fails to support this belief. Instead of building a case for Roe’s demise, the Court has managed to make abortion jurisprudence even murkier for legislators and lower courts trying to determine the constitutionality of abortion laws, while otherwise refusing to make substantive decisions in abortion cases.

Mary E. Harned, J.D.
October 12, 2020
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abortion cases in the higher federal courts

Abortion Cases in the Higher Federal Courts

Our nation’s highest court may soon clarify or modify federal abortion jurisprudence after agreeing to hear June Medical Services v. Gee, a case in which a Fifth Circuit panel upheld a Louisiana law requiring an abortion provider to have admitting privileges at a hospital within 30 miles of his or her practice.

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abortion cases in the higher federal courts

Abortion Cases in the Higher Federal Courts

While several states have appealed court decisions enjoining abortion restrictions to the United States Supreme Court, the Court has thus far failed to clarify or modify federal abortion jurisprudence. Specifically, the Court has declined to review an Eleventh Circuit Court decision enjoining a second-trimester dismemberment abortion ban in Alabama, and a Seventh Circuit Court decision enjoining a ban on discriminatory abortions in Indiana.

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abortion cases in the higher federal courts

Abortion Cases in the Higher Federal Courts

Challenged abortion laws that may be reviewed by the United States Supreme Court in the near future can be divided into three main groups: (I) Limitations on the availability of taxpayer dollars to abortion providers; (II) restrictions on abortion procedures and discriminatory abortions; and (III) health, safety, and informed consent laws.

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abortion cases in the higher federal courts

Abortion Cases in the Higher Federal Courts

The challenged abortion laws that may arrive at the United States Supreme Court in the near future can be divided into three main groups: (I) Limitations on the availability of taxpayer dollars to abortion providers; (II) restrictions on abortion procedures and discriminatory abortions; and (III) health, safety, and informed consent laws.

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