The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
Tuesday, August 25, 2015
Abortion and Disability Discrimination
Ohio is about to prohibit "abortions based on a fetal diagnosis of Down syndrome."
A little know fact about abortion in America is that the abortion rate for babies diagnosed with Down Syndrome is approaching genocide (link). Sex selection abortion is also fairly common.
We will study the Supreme Court's abortion jurisprudence at length in a few weeks, but for now here is an article from the NYT critical of attempts to prohibit abortions performed because the pregnant woman does not wish to give birth to a baby with a disability such as Downs.
For now, a few questions for you to mull over:
1. Should the law allow Down selection abortions?
2. What about abortions based upon the race of, say, a biracial unborn child?
3. What about abortions based upon the gender of the unborn boy or girl?
4. If science isolates a sexual orientation gene, should abortions based upon sexual orientation be lawful?
5. Or should a pregnant woman have a right to abortion-on-demand for any reason that she chooses?
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I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
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Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
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Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
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