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24 Jun 2022, 9:00 am by Scott Bomboy
  The right Roe and Casey recognized does not stand alone. [read post]
24 Jun 2022, 7:34 am
The answer to that question is no, and there is no need to go further to decide this case.ALSO: From Roberts:In its principal brief, the State bluntly announced that the Court should overrule Roe and Casey. [read post]
24 Jun 2022, 7:16 am
If Kagan is writing, that means she was assigned the task by Thomas (the senior Justice in the majority).AND: Roe and Casey are overruled! [read post]
24 Jun 2022, 6:30 am by Guest Blogger
And, of course, there is the omnipresent question for any Jew as to the actual normative power of Halacha, which is substantially absent in my case and the case of almost all self-described “secular Jews” (a category, I think, that might be unique to Jews). [read post]
23 Jun 2022, 2:26 pm by Eugene Volokh
A party seeking to donate may prevail based on other Rooks factors that were not implicated by this case or based on other case-specific factors not contemplated by Rooks. [read post]
20 Jun 2022, 8:32 am by Eric Goldman
” * Casey Newton: “Deplatforming him almost certainly prevented real harms; it was and remains the right thing to do. [read post]
20 Jun 2022, 4:00 am by Eric Segall
The draft explicitly reversed Roe v Wade and Planned Parenthood v Casey. [read post]
19 Jun 2022, 5:23 pm by Howard Friedman
In my view, we should emphatically reject—not recycle—Casey’s moribund undue burden test and instead direct the district court to apply the rational basis test to the plaintiffs’ constitutional challenge.Chief Justice Christensen filed an opinion dissenting in part, saying: Out of respect for stare decisis, I cannot join the majority’s decision to overrule ... [read post]
9 Jun 2022, 12:57 pm by James Jolin
This brief history of abortion rights and jurisprudence in the United States aims to clarify just what is at stake in this case. [read post]
Justice Jackson’s opinion in that case began its discussion of stare decisis by emphasizing that recognizing the right of school children to refuse to salute the flag wouldn’t diminish the rights of anyone else.Only one thing seemed to change between Roe and Casey on the one hand and Dobbs on the other. [read post]
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]