Publication Details

Pether, P. J. (2012). Engaging in good faith: Ethics, archives, critical constitutionalisms - An invited response to Samuel W. Calhourn, stopping Philadelphia abortion provider Kermit Gosnell and preventing others like him: an outcome that both pro-choicers and pro-lifers should support. Villanova Law Review, 57 (1), 79-109.

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Villanove Law Review Online


Like Professor Calhoun, I hold little hope for an end to this distinctive national battle in what Australian constitutional law scholars Tony Blackshield and George Williams, echoing Justice Scalia’s opinion in Romer v. Evans, aptly call our “‘culture war’ over issues of sexuality.” Other battles in this war, such as the current litigation in the federal courts over the constitutionality of bans on same-sex marriage or the controversy of the Obama Administration’s departure from its “science standard” in refusing the National Institutes of Health’s recommendations that the “morning after pill” be made available over-the-counter to minors, presently dot the jurisdiction, just as those named Antietam, Bull Run, and Gettysburg marked the nation’s territory in their era.