A prominent progressive law professor challenges some of the prevailing orthodoxy on Roe, Dobbs, and Supreme Court precedent.
Anti-abortion interstate travel bans would have multiple constitutional defects.
Without citing any constitutional authority to dictate state abortion policies, the bill would have overridden regulations that have been upheld or have yet to be tested.
Liberal states don't want to treat abortion as a personal, private choice either. Instead, blue state policy makers want to spend tax dollars subsidizing and promoting it.
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Americans cannot be neatly divided into two sides, and they do not necessarily understand the implications of Roe v. Wade.
The abortion precedent has faced withering criticism, including damning appraisals by pro-choice legal scholars, for half a century.
The answer is probably "no." But the federal government could more easily ban such transactions.
Tax loopholes for corporations end up making it easier for politicians like Rubio to meddle in private decision making.
The constitutional scholar on abortion, Sam Alito, and the future of federalism
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Understanding state regulatory powers at the time of the founding.
Samuel Alito Thinks It's Obviously Absurd To Suggest That Drug Prohibition Violates the Constitution
The justice overlooks the long American tradition of pharmacological freedom and the dubious constitutional basis for federal bans.
The forgotten abortion politics of the pre-Roe era
For libertarians who see unborn babies as innocent rights-bearing individuals, reducing the number of lives ended by abortion brings us closer to our credo.
Reversing Roe v. Wade Wouldn't be the First Time the Supreme Court Gutted Precedents that Protect Individual Rights - Far From it
That fact doesn't necessarily justify overruling Roe. Depending on how it's viewed, the history of such reversals may even counsel against further such moves.
Atlantic writer Jerusalem Demsas argues that blue states can't give "refuge" to people fleeing abortion restrictions if they don't cut back on zoning restrictions that lead to sky-high housing costs.
Politico Symposium on Broader Implications of the Leaked Supreme Court Opinion Overruling Roe v. Wade
Various experts, including co-blogger Josh Blackman and myself, discuss whether the draft opinion would threaten other constitutional rights, if adopted by the Court.
The answer to this important question is highly uncertain. I tentatively predict a significant, but still modest, increase in abortion-driven migration.
Does returning decisions about abortion to the states increase liberty or shrink it?
Although recent polls show a majority thinks the abortion precedent should be preserved, some respondents seem confused about what that would mean.
Fewer Americans would be forced to live under a legal regime, imposed from on high, that is contrary to their convictions on a matter of life and death.
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Abortion is likely to remain legal in most states, and workarounds will mitigate the effects of bans.
Under current Supreme Court precedent, the answer is probably "yes." But that precedent might not hold, thanks in part to Clarence Thomas.
Gorsuch just penned an important pro-LGBT decision two years ago. Americans are largely not interested in relitigating this issue.
The Constitution protects many more rights than it mentions.
But the leaked opinion is not “the final position of any member on the issues in the case.”
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The Pharmacy Access Act is good policy stuck in legislative limbo.
Plus: The end of travel mask mandates, pundits out of touch with how normies use social media, and more...
Local Lawyers Think 'Gross Negligence' Explains an Unlawful Murder Charge Based on a 'Self-Induced Abortion'
Starr County District Attorney Gocha Allen Ramirez has yet to explain how this egregious error escaped his notice.
Texas Prosecutors Blatantly Ignored the Law When They Charged a Woman With Murder 'by a Self-Induced Abortion'
As Starr County District Attorney Gocha Allen Ramirez belatedly conceded, that charge is explicitly prohibited by the Texas Penal Code.
Texas Woman Accused of Self-Induced Abortion Was Jailed for 2 Nights Before Murder Charges Were Dismissed
Plus: An index of school book bans, new "ghost gun" regulations, and more...
Although a Texas Supreme Court ruling ended the main challenge to the law, other cases could ultimately block its enforcement.
Missouri Lawmaker Behind Confusing Abortion Bill Says He'll Clarify Ban on Ending Ectopic Pregnancies
But the bill is still a mess.
The experience in Texas shows that workarounds pose daunting obstacles to such laws.
Plus: free speech history, against regulating social media like phone companies, and more...