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25 Jun 2022, 1:19 pm by Tom Smith
Today’s decision was 6–3, but in his concurrence, Chief Justice John Roberts seemed significantly less enthusiastic about overturning Roe. [read post]
11 Jan 2022, 7:16 am by Eric Claeys
And proposition (3) consists of Roe's overbreadth proposition. [read post]
14 Apr 2021, 5:55 pm by Tom Smith
I’m intentionally opening a big can of worms here which I know I can’t do justice in 1,500 words or even twice that, but there’s an interesting argument going on about what happens to Roe v Wade now that there is a 6-3 conservative majority on the Supreme Court. [read post]
16 Oct 2008, 2:11 pm
Last night, John McCain said: [E]lections have consequences when presidents are nominated. [read post]
25 May 2021, 9:01 pm by Michael C. Dorf
At the time, Chief Justice John Roberts surprised many observers by joining his liberal colleagues in striking down a Louisiana law that was materially indistinguishable from a Texas law the Court had invalidated just two years earlier, despite the fact that Roberts himself had dissented in the Texas case. [read post]
2 Feb 2022, 4:30 am by Eric Segall
The first Justice to be nominated after Roe, John Paul Stevens in 1975, was not asked a single question about abortion during his confirmation hearing. [read post]
3 May 2022, 8:27 am by Tom Smith
With an apparent 5-3 lineup set to overturn Roe based on Justice Samuel Alito’s draft majority opinion in Dobbs, Chief Justice John Roberts has reportedly argued to retain Roe while dumping Casey as a compromise position. [read post]
3 Sep 2021, 7:36 am by James Romoser
Wade (Mary Ziegler, The Atlantic) John Roberts has lost control of the Supreme Court (Joan Biskupic, CNN) ‘Shadow Docket’ Use in Top Court Abortion Ruling Fuels Angst (Kimberly Robinson & Jordan Rubin, Bloomberg News) Supreme Court vote on Texas abortion law allows a ban without mentioning Roe v. [read post]
14 Oct 2021, 9:55 pm by Will Baude
Wade despite thinking it was good policy] This week I taught John Hart Ely's remarkable article, The Wages of Crying Wolf: A Comment on Roe v. [read post]
20 Oct 2021, 4:54 am by Will Baude
[Despite his criticisms of Roe, he also believed in stare decisis] I mentioned recently John Hart Ely's famous criticism of Roe v. [read post]
28 Jun 2022, 9:01 pm by Joanna L. Grossman
”Then, in 1972, while Roe was pending, it ruled in Eisenstadt v. [read post]
29 Jul 2007, 10:38 pm
As early as April 1973, just 3 months after the decision was released, critical analysis of  the Roe decision started popping up in law reviews across the country. [read post]