Apply Glucksberg

To the argument that the right to same-sex marriage is a fundamental right under SDP analysis.

D&E vs. D&X Abortion Procedures

After Casey: 3D & 4D Ultrasound Requirement?

Following the Court's adoption of the "undue burden" test in Casey, would an informed consent law requiring that a woman have a 3D ultrasound before having an abortion impose an "undue burden" on the right to choose?

Technological advances in ultrasound are amazing. Here is a link that shows how this works. By the way, this site is not a "pro-life" advocacy site. It is a commercial site offering ultrasound service to expecting mothers.

Here is another link to some first trimester 3D images.

And here is an interesting article by Star Parker--Abortion and the politics of ultrasound--that discusses this issue.

Sixth Circuit Says No reproductive Autonomy For Men

Interestingly, the courts are totally unsympathetic toward men who wish the same right as women to become parents only by choice.

Link. Excerpt:

"A federal appeals court has upheld a lower court's decision making a Michigan man pay child support for his ex-girlfriend's baby. Matthew Dubay, a 26 year-old computer programmer, says men should have the same rights as women do under Roe v. Wade to exempt themselves from responsibilities for a child they don't want.

The 6th Circuit U.S. Court of Appeals issued its decision on Tuesday and sided with U.S. District Judge David Lawson, who rejected the lawsuit as frivolous.
The appeals court gave Dubay a limited victory by also rejected the state's bid to have him pay the cost of attorneys fees for their work in the appeal. Judge Lawson had ordered Dubay to pay the fees.

Dubay says that if women have the right to have an abortion and end their responsibility for an unborn child, men should have the same right.
He says his former girlfriend, Lauren Wells, did not want have children and told him during their relationship that she couldn't get pregnant.

Dubay attorney Jeffery Cojocar previously said he would take the case to the Supreme Court if the appeals court sided with the lower court's decision.
Lawson disagreed with Dubay's argument that Michigan's paternity laws violate the Constitution's equal protection clause. He said the law is unconstitutional because it requires fathers to pay child support "even if he did not want the child to be born."

"The fundamental flaw in Dubay's claim is that he fails to see that the state played no role in the conception or birth of the child in this case, or in the decisions that resulted in the birth of the child," Lawson wrote."

Hmmm. Life begins at "conception" for fathers and, although they have no part in the decision about whether a potential life is allowed to become an actual life or whether a live birth of a new person takes place, they should not look to the courts for protection.

Is this a kind of gender stereotype that is being imposed by the courts on men? Are the courts saying to fathers you should "man up" and "be strong" and "take personal responsibility" for the consequences of your sexual choices?

Lochner Query?

Why would a baker want to work more than 10 hours a day or 60 hours a week?

Hmmm. Maybe he kneads the dough!

Hattip: Prof. David Mann

Second Amendment Case: Cert Granted

From ScotusBlog:

Docket: 08-1521
Title: McDonald, et al. v. City of Chicago
Issue: Whether the Second Amendment is incorporated into the Due Process Clause or the Privileges or Immunities Clause of the Fourteenth Amendment so as to be applicable to the States, thereby invalidating ordinances prohibiting possession of handguns in the home.

• Opinion below (7^th Circuit)
• Petition for certiorari (08-1521)
• Brief in opposition
• Petitioner’s reply (08-1521)
• Brief amicus curiae of Arms Keepers
• Brief amici curiae of Texas, et al
• Brief amicus curiae of National Shooting Sports Foundation, Inc.
• Brief amicus curiae of American Civil Rights Union
• Brief amici curiae of Institute for Justice, and Cato Institute
• Brief amicus curiae of California
• Brief amici curiae of Gun Owners of America, Inc.,et al.
• Brief amici curiae of Constitutional Law Professors

• 
  

Incorporation of the Second Amendment

Circuit Courts are split. See here and here.

Justice Thomas and "Partial Incorporation" of the EC

Here

"Ten Tips for Excellence in Appellate Advocacy"

You might find this article by appellate lawyer and blogger Howard Bashman of interest.