I got this from John Ross, in his weekly Volokh summary of federal court decisions.
The Sixth Circuit is a conservative court. Read the last two sentences in particular and scream.
Ohio distributes gov’t money to nonprofits to address public health issues, but the money cannot go to any organization that provides or promotes “nontherapeutic abortions.” (The money has long been prohibited from directly funding abortions.) Sixth Circuit (last year): Which is not OK, as it requires the surrender of constitutional rights to participate in an unrelated gov’t program. Sixth Circuit (en banc): Nay nay. There is no freestanding right to perform an abortion, only the right of a woman to obtain one. Because this law affects only the former, no one is forced to sacrifice constitutional rights to obtain funding, and the law stands.
(Couldn’t help myself. Had to bold.)
I need to observe the Volokh Report blog has only recently — defensively? — added a couple of women to their contributors’ list. All the rest are men, white men, and a lot of them Russian Jews.
So, ladies, please review your notions of “libertarianism.” Doesn’t apply to us.