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Abstract: 

Cornell Law Professor and Justia columnist Sherry F. Colb discusses the Court’s failure to carve out an exception to the ban on abortion for cases of rape and incest, as well as the religious underpinnings of that stance. She also explains the logic and the limits of legal arguments anchored in religious freedom in the U.S., and highlights the way that current conservative Justices promote their personal agendas through their written opinions. This article is adapted from two articles that appeared in Justia’s Verdict, “Alito, Rape, and Incest,” (https://verdict.justia.com/2022/05/12/alito-rape-and-incest)and “Are Religious Abortions Protected?” (https://verdict.justia.com/2022/06/07/are-religious-abortions-protected) and is reprinted here with permission of the author.

Keywords: Dobbs v. Jackson Women’s Health Organization; Roe v. Wade; Planned Parenthood v. Casey; Rape/Incest Exception

Affiliations:  1: Cornell Law School.