Abortion Ruling is Clearly A Religion Clause Issue

Reference is made recently at Religion Clause of a district court issued a preliminary injunction to the severe anti-abortion law in Arkansas.

This is the sort of thing Texas is trying to avoid via their "hey, it's just private parties" enforcement approach. Think antebellum states trying to get out of the fugitive slave retrieval business while also passing laws that support the slave states. How well this will work remains to be seen. The validity of the move as noted in the comments is dubious, but will it be hard to attack pre-enforcement in the courts? The comments are closed here but other law professors appear more open to the suit.

The district court opinion is really a holding action until the packed Barrett Court decide abortion cases. But, the citation on a blog focused on religious issues, without discussion of why exactly (as if it's obvious), is fitting. Abortion disputes are in a basic way about religious matters. Planned Parenthood v. Casey correctly spoke of it being a matter of conscience.