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1 Dec 2021, 10:04 am
Chief Justice John Roberts appeared ready to uphold the Mississippi law, but he focused primarily on the 15-week ban, rather than on the bigger question of whether to overrule Roe and Casey entirely. [read post]
30 Nov 2021, 2:24 pm
They say Roe and Casey are not worthy of the deference that the court typically affords to its prior decisions. [read post]
30 Nov 2021, 11:56 am
Since the 1973 decision in Roe v. [read post]
30 Nov 2021, 8:45 am
Scholars like John McGinnis, Melissa Murray, and Mark Tushnet have wondered (without endorsement) if the Court might claim to do that by applying Casey's rule against "undue burdens" on abortion. [read post]
30 Nov 2021, 7:46 am
Seeking to invoke my mentor John Harlan, I said I was not urging the unraveling of the whole fabric of substantive due process and unenumerated rights, but only to pull this one thread. [read post]
29 Nov 2021, 1:24 pm
This is the argument made in this amicus brief filed in Dobbs on behalf of John Finnis and Robert George and this Finnis article in First Things. [read post]
29 Nov 2021, 5:54 am
Here’s the Monday morning read: Fetal Viability, Long an Abortion Dividing Line, Faces a Supreme Court Test (Adam Liptak, The New York Times) Chief Justice John Roberts is at the epicenter of an abortion dispute before the Supreme Court (Joan Biskupic, CNN) For Clarence Thomas, avowed critic of Roe v. [read post]
29 Nov 2021, 4:00 am
Now, Chief Justice John G. [read post]
29 Nov 2021, 4:00 am
Yet such non-textual tests, like, say, the Brandenburg test, are all that protect the likes of John Eastman from criminal prosecution for incitement to insurrection--if he is indeed protected. [read post]
18 Nov 2021, 1:03 pm
[2] Pseudonymity allowed: Roe v. [read post]
17 Nov 2021, 2:18 pm
Board of Education of Topeka, 347 U.S. 483 (1954) Roe v. [read post]
17 Nov 2021, 5:30 am
Say John Doe makes the following statement to his friend Jason Roe: "You know women today are so demanding. [read post]
15 Nov 2021, 8:05 am
Many conservatives [worry about John Roberts because of] the Obamacare decision... [read post]
8 Nov 2021, 12:25 pm
Roe. [read post]
8 Nov 2021, 12:25 pm
Roe. [read post]
4 Nov 2021, 7:34 am
Here’s the Thursday morning read: Supreme Court majority skeptical of New York law that limits carrying handguns in public (John Fritze, USA Today) High court seems ready to strike down New York gun law (Jessica Gresko, Associated Press) We Can Now See the Playbook for Overturning Roe v. [read post]
2 Nov 2021, 2:09 pm
That is obviously true of abortion rights under Roe v. [read post]
2 Nov 2021, 12:27 pm
Roe,[26] but not Doe v. [read post]
2 Nov 2021, 10:06 am
Even John Marshall understood that maxim. [read post]
1 Nov 2021, 8:40 pm
As I have previously emphasized, this case is not about the future of Roe v. [read post]
