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20 Jun 2022, 4:00 am by Eric Segall
The draft explicitly reversed Roe v Wade and Planned Parenthood v Casey. [read post]
18 Jun 2022, 7:06 pm by Tom Smith
The Court doesn't decide whether that means they are subject to an "undue burden" test (as under Planned Parenthood v. [read post]
Employment issues to consider while awaiting decision in Dobbs v Jackson Women’s Health Organization The United States Supreme Court (“SCOTUS”) will imminently release its decision in Dobbs v Jackson Women’s Health Organization, and if the final ruling is consistent with the recently-leaked draft opinion (overturning Roe v Wade and Planned Parenthood v Casey), employers may soon need to contend with a variety of… [read post]
7 Jun 2022, 12:00 pm by Sherry F. Colb
My goal in this post is to lay out the view, explain its appeal, and then demonstrate why it is wrong.I clerked the term that followed the Supreme Court's decision in Planned Parenthood v. [read post]
5 Jun 2022, 6:09 am
.' Thirty years ago, shortly after the Supreme Court reaffirmed Roe’s central holding by a single vote in Planned Parenthood v. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
Justice Alito’s draft, which apparently was circulated with the Court on the assumption that the Chief’s vote was not required to make a majority, rejects such a right and would subject all abortion regulations only to so-called “rational-basis” review.Given the (almost certain) desire of Justices Stephen Breyer, Elena Kagan, and Sonia Sotomayor to preserve (or expand) abortion rights from where they sit right now under Planned Parenthood v. [read post]
27 May 2022, 1:54 pm by Andrew Hamm
Planned Parenthood South Atlantic 21-1431Issues: (1) Whether spending-clause statutes ever give rise to privately enforceable rights under 42 U.S.C. [read post]
25 May 2022, 3:26 pm by Eugene Volokh
{NIFLA provided an example of a professional conduct regulation that only incidentally burdened speech from Planned Parenthood of Southeastern Pa. v. [read post]
24 May 2022, 5:00 am by Chloe Reichel
The draft also looks at kind of conventional stare decisis analysis — in addition to leaning pretty hard on the idea that Roe was egregiously wrong, that its reasoning was uniquely unpersuasive — the draft suggests that Roe and Planned Parenthood vs. [read post]