Court 'Won't Sanction One More Day' of Texas Abortion Law
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The justices robe up for another term.
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In the first two lawsuits filed under S.B. 8, all of the parties seem to think enforcement of the law should be blocked.
It's the one amicus brief supporting Mississippi's abortion restriction that takes a wrecking ball to the Supreme Court's fundamental-rights precedents
For the most part, supporters of Mississippi's abortion ban in the Supreme Court are steering clear of Obergefell
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Alan Braid says he broke the law, which prohibits the vast majority of abortions, to make sure it would be tested in court.
“The Supreme Court has repeatedly recognized the authority of the United States...to seek equitable relief to vindicate various federal interests and constitutional guarantees.”
Meanwhile, the threat posed by the lawsuits that S.B. 8 authorizes has dramatically curtailed access to abortion in Texas.
Respectfully disagreeing with Josh about United States v. Texas.
Pro-lifers and pro-choicers have one thing in common: a passion for snitching
S.B. 8 relies on litigation tricks that conservatives have long condemned as a threat to the rule of law.
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While libertarians will be inclined to applaud some of the new laws, others exemplify familiar conservative excesses.
By and large, those schemes (like Texas’s SB 8 liability for abortion providers) must be fought by raising the Constitution as a defense in a civil lawsuit—not through preenforcement challenges.
The same legal ruse can be used against gun rights and other civil liberties, not just against abortion.
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The decision is wrong, but consistent with previous precedent. Yet it also threatens to create a road map for circumventing constitutional rights. Fortunately, the latter can be prevented.
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Because the Supreme Court so far has not intervened, post-heartbeat abortions are now illegal in the Lone Star State.
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I coauthored it with Kevin Cope (University of Virginia) and Alex Stremitzer (UCLA/ETH Zurich)
Opposed by LGBT and pro-choice advocacy groups, the measure allows doctors to refuse to perform treatments on moral grounds
We can thank judges who were prepared to enforce constitutional limits on public health powers.
When (1) states seek to protect abortion rights / gun rights / speech rights against private restriction, and (2) Congress seeks to encourage such private restrictions by preempting the state law protections, might such federal preemption violate the Constitution?
A new decision from the Georgia Court of Appeals.
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There are "Two Obstacles to (Merely) Chipping Away at Roe in Dobbs," he writes
For decades, Western apologists downplayed the horrific consequences of China’s reproductive restrictions..
National surveys obscure large regional variations in public opinion about abortion limits.
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The 9-7 en banc ruling appears to rest on the ban applying on to doctors who know the woman's reason; women could apparently still get such abortions if they don't disclose the reason.
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While overturning Roe v. Wade would lead to new restrictions in many states, legal access to abortion would be unaffected in most of the country.
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Parsing issues at the intersection of current affairs and the world's largest religious denomination is no easy task.
The same logic could apply when churches, synagogues, mosques, bookstores, gun stores, fur stores, and similar places are targeted by their enemies. We've filed an amicus brief before the Georgia Court of Appeals, in support of getting the verdict reversed.
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When "fundamental rights are restricted" during an emergency, he says, the courts "cannot close their eyes."
American voters have the chance to usher in a few libertarian policies this election, courtesy of these state ballot measures.
Democrats and Republicans agree on that point, although they disagree about what it means in practice.
The Sixth Circuit joins the Eighth Circuit in recognizing the import of Chief Justice Roberts' controlling opinion in June Medical Services
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