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26 Jul 2022, 5:55 am by Heather Zimmerman
Melissa Murray, a law professor at New York University School of Law, noted that Justice Clarence Thomas’ concurring opinion points to future legal battles over fundamental rights as his aberrant legal theories “flourish in the lower courts, widening the Overton window of mainstream opinion and shifting the terms of our [political] debates. [read post]
15 Jul 2022, 5:00 am by jonathanturley
The court stated that, “Abortion is fundamentally different, as both Roe and Casey acknowledged. [read post]
12 Jul 2022, 4:18 pm by Legal Aggregate
The Second Amendment, Justice Clarence Thomas wrote for the majority, protects “an individual’s right to carry a handgun for self-defense outside the home. [read post]
11 Jul 2022, 8:30 am by JB
And, not to put too fine a point on it, Justice Thomas has already made clear that he is ready to overturn all of the precedents Alito says are untouched by Dobbs. [read post]
10 Jul 2022, 6:30 am by Sandy Levinson
  Do “we” ourselves often change our minds when reading legal opinions authored by, say, Samuel Alito or Clarence Thomas? [read post]
8 Jul 2022, 8:30 am by JB
Justice Kennedy the co-author of Casey, was in the majority, and Chief Justice Rehnquist cited Casey as an example of a decisions consistent with his general approach. [read post]
7 Jul 2022, 10:34 am by Amy Howe
And indeed, when the court finally released its opinion in Dobbs on June 24, five members of the court – Justice Samuel Alito, joined by Justices Clarence Thomas, Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett – concluded “that Roe and Casey must be overruled. [read post]
6 Jul 2022, 6:30 am by Guest Blogger
 Connor Casey I have not been shy about my enthusiasm for the revival of the classical tradition in public law thought. [read post]
5 Jul 2022, 9:00 pm by Rodger Citron
Casey, which upheld Roe, because the Court did not retain its trimester approach.Regarding capital punishment, Blackmun initially voted to uphold the death penalty in cases such as Furman v. [read post]
3 Jul 2022, 7:15 am by Jae Um
In the last ten days of June, a flurry of activity from SCOTUS has: Ended constitutional right to abortion by overturning Roe and Casey v. [read post]
1 Jul 2022, 6:30 am by Guest Blogger
The second half of the Joint Dissent is devoted to defending Roe and Casey on stare decisis grounds. [read post]
30 Jun 2022, 6:28 am by Nicole Huberfeld
Roe and Casey must be overruled, and the authority to regulate abortion must be returned to the people and their elected representatives. [read post]
28 Jun 2022, 9:01 pm by Joanna L. Grossman
Casey, and has been applied by the Supreme Court in more than a dozen cases spanning almost five full decades. [read post]
28 Jun 2022, 9:00 pm by Austin Sarat and Dennis Aftergut
Thomas’s rhetoric has all the look and feel of projection—Dobbs expresses his own policy preference in search of a route to fulfill Bork’s project.Importantly, as Jed Rubenfeld persuasively argued in the Harvard Law Review two years before Casey, protection for democracy and diversity is the theme that best explains and harmonizes the Court’s cases on the constitutional right of privacy. [read post]
28 Jun 2022, 11:34 am by Josh Blackman
But he did not simply endorse"background checks" and "firearms safety course," as did Justice Thomas's majority opinion. [read post]
28 Jun 2022, 10:48 am by Radhika Rao
 It is now obvious why Thomas (the senior Justice in the full majority) did not keep the assignment in Dobbs. [read post]