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8 Jun 2022, 6:00 am by Guest Blogger
 Justice Alito’s draft opinion announces that Roe and Casey must be overruled under a test used in three of the Court’s earlier cases, Washington v. [read post]
6 Jun 2022, 9:01 pm by Sherry F. Colb
Casey and would accordingly invite the states and federal government to force women to carry unwanted pregnancies to term and then birth the babies that they did not wish to create in the first place. [read post]
2 Jun 2022, 9:00 pm by Vikram David Amar
To be sure, there are questions whether statutes that have been unenforced for so long remain valid as a matter of state law, but assuming state supreme courts say that statutes on the books would remain enforceable legislative enactments if and when Roe and Casey are undone, how could members of the Court prevent the statutes’ immediate (re)enforcement? [read post]
2 Jun 2022, 11:00 am by Sandy Levinson
will enjoy them more than being asked if the regulation of mudflaps by state X can be said to violate the Commerce Clause.. [read post]
26 May 2022, 6:00 am by jonathanturley
Ryan stated that this is a matter that needs to be left entirely to the woman — a position expressly rejected in both the Roe and Casey decisions. [read post]
25 May 2022, 4:00 am by Sherry F. Colb
ColbIn his draft opinion for the Supreme Court in Dobbs v. [read post]
19 May 2022, 2:04 pm
  --This was the essence of the move from centering rights based discourse in Roe, to the discourse of state authority in Casey (1992) and its "undue burden test. [read post]