John Kearney is a retired philosophy professor who taught at Saint Joseph’s University in Philadelphia, Pennsylvania. He has lived in Waterloo, Iowa for the past six years.
U. S. Supreme Court Justice Samuel Alito, writing for the conservative majority in the landmark 2022 Dobbs case (which overturned the Roe v. Wade precedent), concluded his opinion by saying:
“In my judgment, on the issue of abortion, the Constitution is nether pro-life nor pro-choice. The Constitution is neutral, and this Court must be scrupulously neutral. The Court today properly heeds the constitutional principle of judicial neutrality and returns the issue of abortion to the people and their elected representatives in the democratic process.”
The legal controversy over Iowa’s near-total abortion ban (House File 732) focuses on whether a “rational basis” or an “undue burden” review of abortion regulations should hold sway. (The Iowa Supreme Court will soon rule on the state’s appeal of a lower court injunction that has blocked the law’s enforcement.)
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