Professor Barry McDonald Quoted in "Revisit of 'Due Process' Rights Led to Reversal of Roe" -- The Christian Chronicle

Professor Barry P. McDonald is quoted in the Christian Chronicle article, "Revisit of 'Due Process' Rights Led to Reversal of Roe."  The article examines the basis and impact of the U.S. Supreme Court's decision in Dobbs v. Jackson Women's Health.

Excerpts from "Revisit of 'Due Process' Rights Led to Reversal of Roe"

Some legal scholars, like Barry McDonald, who teaches constitutional law at Pepperdine University, were not surprised by the outcome of the decision, particularly because of the leak in March of a draft majority opinion by Justice Samuel Alito that included a strong reversal of Roe.

“The final opinion didn’t change much from the leak, except for adding responses to the other opinions,” McDonald said, “although I would have expected Alito to tone down some of the aggrieved language we saw in the draft.”

McDonald said the Dobbs decision, while sweeping, raises entirely new questions that courts will now be forced to deal with in years to come — from whether states must recognize an exception to abortion restrictions for rape or incest to whether states can ban the import of mail-order birth control pills to issues raised by Justice Kavanaugh in his concurrence, such as whether states can restrict out-of-state travel for the purposes of abortion.

“Kavanaugh tried to say states can’t ban interstate travel, but Kavanaugh is just one justice,” McDonald said. “Abortion litigation is not going away.”

The complete article may be found at Christian Chronicle