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21 Sep 2021, 4:47 pm by Josh Blackman
Braid, and those representing him, to assert the argument that the law is unconstitutional under both Roe v. [read post]
21 Sep 2021, 12:56 pm by Dale Carpenter
 Many of them unabashedly compare Roe and Casey to decisions like Dred Scott and Lochner v. [read post]
In the wake of Texas’ six-week abortion ban, Dobbs has become a highly anticipated ruling that could affirm or eliminate the right to abortion established by Roe v. [read post]
20 Sep 2021, 12:34 pm by Amy Howe
Jackson Women’s Health Organization, was already positioned to be one of the highest-profile arguments of the 2021-22 term, because the state had specifically asked the court to overrule its landmark decisions in Roe v. [read post]
13 Sep 2021, 6:59 am by Howard Wasserman
In banning most pre-viability abortions, SB8 is inconsistent with Roe and Casey and any state-court judgment awarding $ 10,000 for a post-heartbeat-but-pre-viability abortion could not stand if Roe and Casey remain good law. [read post]
12 Sep 2021, 9:07 am by Howard Wasserman
Moreover, state judges have jurisdiction to decide federal constitutional issues such as the validity of the fetal-heartbeat ban, are bound by SCOTUS precedent such as Roe and Casey, and under the presumption of "parity" are as capable and willing to vindicate constitutional rights. [read post]
7 Sep 2021, 4:16 am by SHG
Not that a great many have chosen to claim that this interim ruling has “effectively” reversed Roe v. [read post]
1 Sep 2021, 11:26 pm by Amy Howe
In that case, Mississippi and its supporters have urged the court to formally overturn Roe and Casey. [read post]
1 Sep 2021, 10:18 pm by Josh Blackman
S.B. 8 expressly incorporates the Roe and Casey standards. [read post]
1 Sep 2021, 12:28 pm by Mary Ziegler
Reversing Roe and Casey would upend nearly a half century of jurisprudence. [read post]