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To remind us that legislators may appeal to their own moral convictions and to claims about social utility to reshape the law as they think it should be in the future. [read post]
14 Jul 2016, 5:00 am by Guest Blogger
  That field, however, is still significant, and as with all abortion questions, deeply entangled with moral, ethical, medical, and social factors. [read post]
27 Jun 2016, 1:47 pm by John Elwood
Planned Parenthood of Northern New England and Gonzales v. [read post]
12 Mar 2016, 2:58 am by SHG
Back when neo-conservatives weren’t at all shy about the need to be ever tougher on crime, ever more controlling of our lost morality, someone came along to promise hope and audacity. [read post]
12 Oct 2015, 3:53 pm by Ilya Somin
More controversially, I would choose Gonzales v. [read post]
22 May 2015, 3:30 am by Melissa Murray
Gonzales,  a majority of the Supreme Court characterized abortion as “a difficult and painful moral decision” that may cause women profound psychological, physical, and emotional harm.2 In response to these arguments and the judicial decisions that entrench them as truths, pro-choice advocates have sought to recast abortion in a more positive light. [read post]
27 Apr 2015, 6:33 am by David Markus
”“A basic tenet of originalism is that it’s not the role of judges to impose their own moral philosophies,” Whelan said. [read post]
6 Jul 2014, 1:08 pm by Marty Lederman
In earlier posts, such as this one, I noted that in the context of commercial activities, the Supreme Court—and virtually every other court, for that matter—has consistently construed the Free Exercise Clause and religious accommodation statutes not to require religious exemptions from generally applicable regulations, from at least 1944 until this week. [read post]
28 Feb 2014, 11:11 am by Rick Garnett
  To others, they provide an arena for wrestling with complicated moral and ethical principles involving complicity in and cooperation with others’ wrongdoing. [read post]
6 Dec 2013, 4:34 pm by Eugene Volokh
Many people may think such rights don’t rest on a sound moral or practical footing, but the democratic process has disagreed. [read post]
21 Oct 2013, 5:30 am by JB
”Besides being textually, doctrinally, and morally insupportable, I find that to be an extremely upsetting conclusion for personal reasons, as I suspect do many other people with family members who are battling or who have recently succumbed to cancer. [read post]