Robert Destro, professor, law, was quoted in a National Catholic Register story on the banning of sex-selective abortions.
... The Charlotte Lozier Institute also provides a legal analysis suggesting the federal courts, including the U.S. Supreme Court, could decide to uphold sex-selective abortion bans. The bans’ supporters — citing the fact that girls are more frequently targeted for sex-selective abortion — frame the measures in the context of sex discrimination, which violates civil-rights laws and the U.S. Constitution’s guarantee of equal protection under the law.
Balancing existing precedents on abortion with those competing claims could “create some heartburn” in the courts, but Bob Destro, a law professor at The Catholic University of America, told the Register that, ultimately, the question would be decided by U.S. Supreme Court Justice Anthony Kennedy, who is considered the high court’s swing vote.
“I could see a scenario where [Kennedy] would be disgusted personally by the claim that you don’t want a boy or a girl,” said Destro, adding that such a case would be “fascinating” and explore legal territory in the pre-viability stage of pregnancy, for which the court has not previously allowed any restrictions.
Continue reading at the National Catholic Register.