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22 Dec 2016, 4:21 pm by Jon
We often get the argument that rights have to be explicitly listed (enumerated) or at least mentioned to be judicially enforceable. [read post]
8 Jul 2016, 7:23 am by Ronald Collins
We certainly didn’t find any instance in which The Brethren got its facts wrong. [read post]
17 Jan 2019, 2:07 pm by Adam Feldman
Without O’Connor’s vote in support of abortion’s legality, for instance, the court very well might have overturned Roe v. [read post]
22 Dec 2016, 4:21 pm by Jon
We often get the argument that rights have to be explicitly listed (enumerated) or at least mentioned to be judicially enforceable. [read post]
6 Jan 2016, 6:23 am by Gillian Metzger
According to the Casey joint opinion, these competing interests must be balanced in a more thoroughgoing fashion than strict scrutiny and Roe’s trimester approach allowed. [read post]
11 Apr 2019, 7:05 am by Ronald Collins
The chief might come as close to overruling Roe as possible without explicitly overruling it. [read post]
20 Nov 2022, 9:01 pm by Michael C. Dorf
—places other constitutional rights at risk as well.Why the RMA is a Potentially Useful HedgeIn overruling Roe v. [read post]
23 Oct 2022, 6:30 am by Guest Blogger
Hodges wisely relied upon the due process clause, rather than equal protection, to uphold the rights at issue. [read post]
13 Dec 2022, 9:01 pm by Joanna L. Grossman
” But it wouldn’t, he argued: “[A] court decision . . . would raise threatening possibilities in other States. [read post]
10 Jul 2018, 6:21 pm by Adam Feldman
To be fair, the sample size for Gorsuch is smallest, so we don’t really know where the pendulum would have swung with him. [read post]