The
State Constitutional
Law Project
We
have underwritten a
systematic, comprehensive
and in-depth study by our
special counsel Paul Linton
of the constitutional
law relating to abortion
rights in all fifty
(50) states. The reason?
Simple enough. If Roe
v. Wade were
overruled today and
abortion issues returned
to the states, even
if every state legislature
promptly enacted a
statute outlawing all
abortions except those
needed to save the
mother's life, more
than half the abortions
performed in the U.S.
would still be legal!
That is because more
than half the abortions
performed annually
in the U.S. are performed
in states whose Supreme
Courts have held that
abortion is protected
as a constitutional
right under their state
constitutions. Legislatures
in those states would
be powerless to prohibit
abortion, and their
right to regulate abortion
would also be doubtful.
Pro-abortion
organizations have been working
hard in pursuit of a national
strategy to persuade state
courts to recognize abortion
rights under state constitutions.
Our state constitutional
law project has been designed
to combat that opposition
strategy. Linton's research,
due to be published as a
book late in the summer
of 2008, will not only describe
the current abortion jurisprudence
in each state, but it will
also examine relevant constitutional
provisions, canvass case
law interpreting those provisions,
and formulate principled
legal arguments against recognition
of abortion rights under
each state constitution.
This project will benefit
state legislators, pro-life
leaders and lobbyists, lawyers,
academics, and most important,
the state officials including
Governors and Attorneys General,
who are charged by law with
the duty to defend pro-life
legislation but often lack
the time, resources, experience,
and expertise to match wits
with pro-abortion forces
on an even playing field.
Our state constitutional
law project will help to
even out that playing field. |