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12 Jul 2022, 6:30 am by Guest Blogger
For the Balkinization symposium on Adrian Vermeule, Common Good Constitutionalism (Polity Press 2022). [read post]
11 Jul 2022, 4:06 am by SHG
Sure, Roberts was the devil when the issue is Citizens United or Shelby County, but he wouldn’t have reversed Roe or Casey. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
The events of the past month, including, most notably, the Dobbs case reversing Roe, has exposed the hollowness of the hope that what used to be called “reasoned elaboration” would, as somewhat pathetically asserted in the famous plurality opinion in Casey in by Justices O’Connor, Kennedy, and Souter, bring the national debate to an end because the Supreme Court, had, after all, issued its ukase. [read post]
8 Jul 2022, 5:45 am by Lawrence Solum
In this essay I show that, in many of the most significant cases decided by the Roberts Court, the Court has disregarded both of those reasons, and engaged in the kind of judicial activism it decried in Roe, in order to reach results that are favored by the Republican Party, whose Presidents have appointed the Justices that comprise the majority of the Roberts Court. [read post]
8 Jul 2022, 5:34 am by jonathanturley
Six of the nine justices (Roberts, Thomas, Alito, Sotomayor, Kavanaugh and Barrett) are Catholic and pray every Sunday in the church with other Catholics. [read post]
7 Jul 2022, 10:34 am by Amy Howe
Roberts’ proposed approach, Alito contended, would only extend the “turmoil wrought by Roe and Casey. [read post]
7 Jul 2022, 9:00 am by Neil H. Buchanan
  These five are, we are to believe, the best of the best -- perhaps only exceeded by their favorite martyr, Robert Bork. [read post]
7 Jul 2022, 8:31 am by David Cole
Jackson Women’s Health Organization The Supreme Court overturned Roe v. [read post]
7 Jul 2022, 5:04 am by jonathanturley
In other words, they hold a position closer to where the concurrence of Chief Justice John Roberts would have left the matter: to uphold Mississippi’s law while preserving Roe v. [read post]
6 Jul 2022, 11:10 am by Michael Ehline
John Roberts’ 2005 confirmation was the only one in recent history backed by a greater percentage of respondents in a Gallup poll, as the result sat at 59%. [read post]
6 Jul 2022, 4:55 am by Michael C. Dorf
Moreover, I explain that we must place Ely's views about Roe must in the context of his broader argument that the central function of judicial review is to strengthen democracy--a function that the Roberts Court conservative super-majority is not only failing to carry out but is actively undermining.One can criticize the Dobbs opinion in numerous other ways, of course, and my co-bloggers--especially Prof. [read post]
5 Jul 2022, 9:01 pm by Michael C. Dorf
Although Tribe, Bobbitt, and Justice Ginsburg all criticized the reasoning of Roe, they also thought the result was justified, and certainly none of them believed that Roe or Casey should be overruled. [read post]
5 Jul 2022, 1:00 pm by Steve Gottlieb
Bendor  and Joshua Segev, The Roberts Court, State Courts, and State Constitutions: Judicial Role Shopping, 30 J.L. [read post]
5 Jul 2022, 6:27 am by Jeff Kosseff, Matthew Schafer
Robert Welch, which requires private-figure defamation plaintiffs to establish fault; and Philadelphia Newspapers v. [read post]
4 Jul 2022, 9:01 pm by Vikram David Amar
And he emphatically said the repudiation of Roe v. [read post]