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Judge Thapar’s Persuasive Case against Roe

Judge Amul Thapar has written another strong judicial opinion, this time in reaction to the Sixth Circuit’s ruling in an abortion case decided Friday. The panel opinion in Memphis Center for Reproductive Health v. Slatery struck down two Tennessee abortion restrictions — one applying when a fetal heartbeat is detected, the other when the doctor knows an abortion is sought because of race, sex, or a Down-syndrome diagnosis of a fetus. Thapar did not join the court’s opinion, instead issuing a partial dissent that took on the Supreme Court’s abortion jurisprudence head on …


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