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21 Oct 2021, 9:39 am by Richard M. Re
Part of what makes Ely’s defense so interesting is that he had strongly criticized Roe v. [read post]
20 Oct 2021, 4:54 am by Will Baude
[Despite his criticisms of Roe, he also believed in stare decisis] I mentioned recently John Hart Ely's famous criticism of Roe v. [read post]
18 Oct 2021, 4:30 pm by Josh Blackman
But if the Court overrules–or modifies–Roe and Casey, then S.B. 8 becomes constitutional in many other regards. [read post]
18 Oct 2021, 1:04 pm by Amy Howe
” But “there can be no question,” Pitman concluded, that the law “operates as a ban on pre-viability abortions in contravention of Roe v. [read post]
18 Oct 2021, 4:30 am by Eric Segall
Roe was 7-2, Casey was 3-4-2, and the decision this June will likely be 6-3 or 5-4. [read post]
4 Oct 2021, 12:02 pm by Josh Blackman
" The stronger inference is that Ayer agrees with Roe, or at least agrees with Casey. [read post]
3 Oct 2021, 2:13 pm by Tom Smith
The answer to that question, then, bears directly on the status of the Court’s precedent in Roe v. [read post]
3 Oct 2021, 1:33 pm by llaird
And with SB8’s six-year statute of limitations, it doesn’t matter if Roe/Casey aren’t immediately overruled. [read post]
3 Oct 2021, 1:33 pm
And with SB8’s six-year statute of limitations, it doesn’t matter if Roe/Casey aren’t immediately overruled. [read post]
1 Oct 2021, 5:42 am by James Romoser
Alito says high court is no such thing (Casey Smith & Jessica Gresko, Associated Press) The Supreme Court is in the building — contentious rulings behind, more major cases ahead (Mark Walsh, ABA Journal) Mississippi abortion clinic braces for Supreme Court showdown over Roe v. [read post]
The right of abortion is one of the most contentious political and legal issues in the United States today. [read post]
25 Sep 2021, 1:28 pm
" And yet four years after that concurrence, in Planned Parenthood v Casey, O'Connor joined the majority in firmly upholding Roe and planting what was thought to be the final brick in the foundation of Roe- until now (more on that in future posts). [read post]
23 Sep 2021, 9:31 pm by Josh Blackman
" The memo added that all of the proposed legal rationales for overturning Roe would threaten Griswold v. [read post]