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9 Dec 2021, 4:59 am by David Oscar Markus
You’re saying there’s no substantive due process in the Constitution, so they’re just as wrong, according to your theory. [read post]
6 Dec 2021, 9:01 pm by Michael C. Dorf
Questioning the lawyer for Mississippi, Justice Kavanaugh purported to seek reassurance that the state was not asking for the Court to forbid abortion: “you’re arguing that the Constitution’s silent and, therefore, neutral on the question of abortion? [read post]
6 Dec 2021, 7:46 am
There's no end to where you can go from there (especially if you're not hung up on nonfiction and truthtelling). [read post]
3 Dec 2021, 7:13 am by Josh Blackman
Jackson Women's Health Organization? [read post]
3 Dec 2021, 6:12 am by Ellen Phillips
Jackson: a party must specifically challenge the delegation clause’s enforceability, separate and apart from any challenge to the arbitration agreement or the underlying contract as a whole. [read post]
2 Dec 2021, 9:03 pm by Henry Miller
Jackson Women’s Health, a case that challenges the Court’s holding in Roe v. [read post]
2 Dec 2021, 8:58 pm by Josh Blackman
So suppose Plessy versus Ferguson was re-argued in 1897, so nothing had changed. [read post]
2 Dec 2021, 6:32 am
Casey seemed to say we shouldn't base our decisions not only on that but whether they're going to -- whether they're going to seem popular, and it seemed to me to have a paradoxical conclusion that the more unpopular the decisions are, the firmer the Court should be in not departing from prior precedent, sort of a super stare decisis, but it's super stare decisis for what are regarded as -- by many, as the most erroneous decisions. [read post]
2 Dec 2021, 4:21 am by David Oscar Markus
”Prelogar, arguing for the United States in support of Jackson Women’s Health, says, “The real-world effects of overruling Roe and Casey would be severe and swift. [read post]
30 Nov 2021, 1:13 am by Tom Smith
We're watching this awful thing happen before our eyes, yet we're afraid to speak of it, because we're afraid if we speak of it we'll be calumnied. [read post]
29 Nov 2021, 4:00 am by Michael C. Dorf
Jackson Women's Health Organization, a challenge to Mississippi's Gestational Age Act, which, with limited exceptions, forbids abortions after 15 weeks into pregnancy. [read post]
19 Nov 2021, 1:01 pm by Tom Smith
I’ve covered plenty of celebrity trials, from Michael Jackson to the Enron defendants, and know the identifying-jurors practice isn’t unheard of. [read post]
19 Nov 2021, 12:35 pm by Leila Rafei
He said, ‘You’re not going to disrupt my class, so please step out. [read post]