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In doing so, the court affirmed the stance taken by the US Supreme Court in overturning the landmark abortion rights case Roe v. [read post]
17 Nov 2022, 6:30 am by Guest Blogger
             The title of their post, The Wages of Crying Lochner, evokes John Hart Ely’s famous 1973 article, The Wages of Crying Wolf, which argued that Roe repeated the errors of Lochner. [read post]
13 Nov 2022, 9:01 pm by Laurence H. Tribe
After all, nobody claimed that President Biden, or the Executive Branch he heads, has inherent presidential power to forgive debts owed to the United States, a kind of fiscal parallel to the “pardon power” that Article II, Section 2, expressly confers on the President to “Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. [read post]
13 Nov 2022, 9:00 pm by Austin Sarat
As the polling firm KFF reported, “Voters who said the Supreme Court overturning Roe was the single most important factor in their vote went more than 2:1 for Democratic candidates. [read post]
6 Nov 2022, 9:01 pm by Michael C. Dorf
In 2021, the American Rescue Plan Act pumped nearly $2 trillion into the economy. [read post]
3 Nov 2022, 7:48 am by Eric Segall
Yet we are now expected to play historian in the name of constitutional adjudication.Also last term, the Court overturned Roe v. [read post]
31 Oct 2022, 11:02 am by Eugene Volokh
(cautioning against a litigation world in which "Does and Roes would predominate," and warning that "[a] judicial system replete with Does and Roes invites cynicism and undermines public confidence in the courts' work. [read post]
31 Oct 2022, 4:00 am by jonathanturley
 In 2017, Chief Justice John Roberts declared: “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race. [read post]
26 Oct 2022, 10:13 am by Tom Smith
”Alito’s draft opinion, arguing for overturning the two definitive precedents that for decades established a woman’s constitutional right to terminate her pregnancy – Roe v Wade and Planned Parenthood v Casey – was leaked to Politico, which published it on 2 May. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
If it is instead an equality guarantee—as John Harrison has argued, and as I have argued in my recent book—then the argument also does not work. [read post]
10 Oct 2022, 2:48 am by INFORRM
Two days later, Judge Gibson dismissed proceedings in Zimmerman v Perkiss (No.2) [2022] NSWDC 458. [read post]
9 Oct 2022, 9:04 pm by Eric W. Orts
Jackson Women’s Health Organization, the Court struck down the 50-year old precedent of Roe v. [read post]
26 Sep 2022, 9:00 pm by Barry Winograd
No less an authority than Chief Justice John Roberts has defended the Court’s legitimacy. [read post]
19 Sep 2022, 5:31 am by Justin Sherman
For policymakers, legal scholars, and citizens trying to evaluate data privacy and data brokerage risks following the overturning of Roe v. [read post]
25 Aug 2022, 5:17 am by Eugene Volokh
(allowing anonymity when public disclosure would threaten plaintiff's recovery from longstanding eating disorder). [2.] [read post]
24 Aug 2022, 5:01 am by Eugene Volokh
  [1] See Volokh, supra note 1, at 1366–68. [2] See, e.g., DePuy Synthes Prod., Inc. v. [read post]
8 Aug 2022, 4:00 am by Howard Friedman
J. __ (Forthcoming 2023)).From SSRN (Constitutional Interpretation):John Witte, Back to the Sources? [read post]