Caroline Mala CorbinMay 11, 2023

Religious Liberty for All? A Religious Right to Abortion https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4375866

**Have you checked out my new paper yet?**

I argue that Jewish plaintiffs seeking a religious liberty exemption from abortion bans should be entltled to one, esp given the Roberts Court's expansive protection of religion.

#Law #LawFedi #LawProf #abortion #SupremeCourt #SCOTUS #exemptions #FediLaw #ReproductiveRights #religion

Show threadFrancisca SinnMay 11, 2023
@CarolineMalaCorbin I’ve only read the abstract so far, looking forward to reading your paper. I’m curious as to why the remedy would be an exemption for persons of a certain faith as opposed to striking down the law as unconstitutional on the basis that it imposes a religious view on everyone. The former would mean that each individual has to fight that battle against the state for an unlawful infringement of rights.
Show threadCaroline Mala CorbinMay 11, 2023

@fsinn

I think most of the lawsuits are seeking an exemption rather than invalidation, which is generally reserved for laws that target religion (as in Church of Lukumi Babalu Aye v. Hialeah).

Show threadFrancisca Sinn

@CarolineMalaCorbin Thank you for that info.

I agree fully with your conclusion, btw. Looking forward to reading your full piece.

May 11, 2023 at 4:32pmWeb