Home -> Law Blog Directory -> Religion & Law Blogs -> Constitutionally Correct

Religion & Law

: Constitutionally Correct

Law Review: A Comprehensive Analysis of the Freedom of Choice Act and Its Potential Fallout on Abortion Jurisprudence and Legislation

By Alliance Alert

When It Rains, It Pours: A Comprehensive Analysis of the Freedom of Choice Act and Its Potential Fallout on Abortion Jurisprudence and Legislation Kristen L. Burge, 40 Cumb. L. Rev. 181 (2010) "Throughout this comment, FOCA will be analyzed on the premise that women's rights established in Roe are normative. Specifically, this comment will focus on the language of FOCA and its consequences on both domestic abortion law and foreign policy. Part I of this comment follows FOCA's textual evolution from the bill's inception in 1989 to its most present form in 2007. Part II provides a synopsis of the Supreme Court jurisprudence and the corresponding congressional legislation that fall within the purview of FOCA's influence. Part III explores the effects of FOCA on the current state of abortion law relating to government funding, parental consent requirements, maternal safety regulations, and conscience clause protections, while focusing on whether FOCA expands women's rights beyond those established by Roe. Part III then turns to discuss FOCA's effect on the Catholic healthcare system. Finally, this comment concludes by addressing the changes that Congress must make to FOCA in order to effectively codify Roe and avoid many of FOCA's crippling effects on current laws and polices without nullifying the bill's primary purpose."

Full post as published by Constitutionally Correct on April 26, 2010 (boomark / email).