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6 Dec 2021, 9:01 pm by Michael C. Dorf
Jackson Women’s Health Organization, all eyes and ears were on Chief Justice John Roberts and the three Justices appointed by Donald Trump—Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett—because of the widespread belief that how they vote will determine whether abortion will continue to be a constitutional right. [read post]
6 Dec 2021, 2:17 pm by Howard Bashman
How Unappealing: An Empirical Analysis of the Gender Gap among Appellate Attorneys. [read post]
5 Dec 2021, 9:01 pm by Austin Sarat and Dennis Aftergut
”The path toward such a possibility was signaled when Justice Amy Coney Barrett posited, via her questioning, that there was no grave intrusion on a woman’s right to choose because potential mothers use contraception to prevent pregnancy or elect adoption after. [read post]
4 Dec 2021, 3:52 am
With Justices Brett Kavanaugh, Neil Gorsuch and Amy Coney Barrett listening, she asked, “Will this institution survive the stench” created from such political machinations — and then answered: “I don’t see how it is possible. [read post]
3 Dec 2021, 12:46 pm by Neil H. Buchanan
 Cruz and others in his camp will simply do what they did when asked about the hypocrisy of ramming through Amy Coney Barrett's confirmation. [read post]
3 Dec 2021, 3:00 am by Jim Sedor
Committee members have previously said many people with connections to the events of that day have voluntarily engaged with investigators, but they have not specified who those individuals are or how high up they were in the Trump administration. [read post]
2 Dec 2021, 2:17 pm by Rachel Bayefsky
Much of Tuesday’s argument thus centered on the question of how to determine whether emotional distress damages have historically been available in breach-of-contract disputes. [read post]
2 Dec 2021, 7:46 am
But let's examine Barrett's idea and how it relates to mandatory vaccines. [read post]
2 Dec 2021, 4:21 am by David Oscar Markus
”)Roberts asks Stewart how fetal viability was addressed in Roe, noting that Justice Harry Blackmun, the author of that decision, revealed with the release of his personal papers that the viability line was “dicta. [read post]
2 Dec 2021, 4:05 am
"Third, here's Amy Howe at SCOTUSblog: "Majority of court appears poised to roll back abortion rights. [read post]
1 Dec 2021, 4:22 pm by Mark Walsh
”) Roberts asks Stewart how fetal viability was addressed in Roe, noting that Justice Harry Blackmun, the author of that decision, revealed with the release of his personal papers that the viability line was “dicta. [read post]
1 Dec 2021, 1:30 pm
  The only question is how much of Roe will be left after this decision, and how the justices in the majority decided the case. [read post]
30 Nov 2021, 4:53 pm by Nicholas Bagley
“The question with respect to Chevron deference is how much ambiguity is enough,” he said. [read post]
30 Nov 2021, 3:22 pm by John Aloysius Cogan Jr.
Justices Clarence Thomas, Samuel Alito, Sonia Sotomayor, and Amy Coney Barrett likewise seemed troubled by HHS’s definition of “entitled to. [read post]
30 Nov 2021, 2:24 pm by Ellena Erskine
For background on the case and a summary of the parties’ arguments, check out Amy Howe’s preview for SCOTUSblog. [read post]