Marci A. Hamilton: “Why the Stupak Amendment to the Healthcare Reform Bill Is Unconstitutional”
Law Professor Marci A. Hamilton writes at Findlaw: “Although many have attacked the Amendment as a policy matter, the constitutional arguments against have been underplayed. That is a shame, because under any reasonable reading of the Constitution, the Stupak Amendment is unconstitutional: Indeed, it violates three different constitutional principle . . . First, the Amendment violates the Constitution’s separation of church and state . . . The Stupak Amendment also discriminates on the basis of gender . . . Finally, the Stupak Amendment attempts to curtail — across the board – the privacy rights that Roe v. Wade and its progeny secured for women.”