The Claremont Institute's Center for Constitutional Jurisprudence (CCJ) Director John Eastman and CCJ Board of Advisor Chairman Edwin Meese III teamed up with Professor Hadley Arkes to file an important amicus curiae brief in the partial birth abortion case, currently pending before the U.S. Supreme Court.
Filed on Thursday, August 3, the brief challenges the notion that the Supreme Court has the authority to create new substantive rights and then claim a monopoly on the inherently legislative power of defining the scope of the right and balancing it against other rights of at least equal importance, such as the right to life recognized as "unalienable" in the Declaration of Independence.
"This may be the most important abortion case in a generation," noted Eastman, "and we're delighted that Professor Arkes has joined us in this effort, aimed at reminding the Court of the important first principles at stake."
Special thanks are due to CCJ Deputy Director Karen Lugo, and the Claremont Institute's five Summer 2006 Blackstone Fellows (Nick Brutocao and Carrie McAlister from Chapman Law School; Jessica Bell from Pepperdine Law School; Melinda Diehl from William & Mary Law School; and Tyler Shewey from the University of Pennsylvania Law School), who all provided terrific research assistance on the project.
A copy of the brief is available here.