Mirror of Justice

A blog dedicated to the development of Catholic legal theory.
Affiliated with the Program on Church, State & Society at Notre Dame Law School.

Friday, June 10, 2011

Breen on Justice Stevens, the Establishment Clause, and abortion

Our own John Breen just delivered, here at Notre Dame, at the annual conference of University Faculty for Life, an (I thought) devastating critique of the argument -- often associated with Justice Stevens -- that regulations of abortion violate the Establishment Clause because they depend on (what can only be) a "religious" premise.  In due course, I hope John will post the paper here at MOJ!

https://mirrorofjustice.blogs.com/mirrorofjustice/2011/06/breen-on-justice-stevens-the-establishment-clause-and-abortion.html

Garnett, Rick | Permalink

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An article by Ernest Van Den Haag titled "Is There a Middle Ground?" (National Review, 12 December 1989, pp. 29-31) made a big impression on me regarding abortion, particularly because it was written by someone so conservative and appeared in THE conservative magazine of the era (although as I recall, Buckley published it only reluctantly). I reread it not all that long ago, although I cannot find it anywhere online now, and as I recall, it was one of Van Den Haag's arguments that whether or not an early embryo or fetus was a person was indeed a question only religion could answer.