Legal scholars Lindsay Wiley and Steve Vladeck explain why courts should not give special deference to the government in cases challenging the constitutionality of anti-coronavirus policies.
"Delaying abortions by weeks does nothing to further the State's interest in combatting COVID-19," they say.
"any patient who, based on the treating physician's medical judgment, would be past the legal limit for an abortion in Texas ... on April 22, 2020" (the date until which the Texas restrictions suspend abortions) remains able to get an abortion, despite the restrictions.
But the ban might still be blocked as to women who are far enough along in their pregnancies that delaying an abortion would make it illegal.
On appeal, Ohio interpreted the limit (part of a temporary ban on all "non-essential" surgeries and procedures) as not banning abortions when "any delay will jeopardize the woman's right to obtain an abortion," but only as delaying earlier-term abortions that can be delayed—but it apparently hadn't made that argument in the trial court.
Plus: "Netflix for 3-D guns," viral authoritarianism, COVID-19 behind bars, and more…
Can it justify temporarily forbidding people to buy guns?
Plus: the pandemic in prisons, pushback on Trump's prescription for economic rebound, and more...
The Illinois Appellate Court's decision interprets the Illinois version of the RFRA, and the separate Illinois Health Care Right of Conscience Act (which bans all discrimination "because of [a] person's conscientious refusal to receive, obtain, accept, perform, assist, counsel, suggest, recommend, refer or participate in any way in any particular form of health care services contrary to his or her conscience").
The Supreme Court weighs abortion regulation in June Medical Services v. Russo.
The Senate minority leader threatened two justices by name, and then he lied about it.
A new abortion case raises an old question.
Walter Block and Kerry Baldwin debate whether women should have the legal right to terminate their pregnancies.
Walter Block and Kerry Baldwin debate whether pregnant women should have the legal right to evict a fetus.
Ohio prohibits doctors from performing abortions if Down Syndrome is the reason. Does such a law impose an "undue burden" on the abortion right?
A strange, if understandable, form of abstention from Judge Easterbrook
History provides a window into how abortion bans will play out if re-instituted.
That's what a California bill (passed 76-0 by Assembly and 6-0 and 5-2 by Senate committees) would ask film tax credit seekers to provide in their tax credit application.
Plus: North Carolina sues eight more e-cig companies, Tulsi Gabbard fails to meet debate threshold, and more...
Ursula Wing sold abortion drugs to U.S. customers and is now charged with conspiracy to defraud the United States.
Plus: Planned Parenthood's CEO is terminated, the Trump administration drains the swap, and Chelsea Manning is hit with more fines.
And don't even try to pin Elizabeth Warren down on whether the procedure should be legal in the third trimester.
Justice Natalie Lieven ruled it was in the woman's "best interests" because she has learning disabilities.
Restrictionists once again discover that draconian rules aren’t enough to overcome people unwilling to obey.
SCOTUS sidesteps the hard questions in Box v. Planned Parenthood of Indiana and Kentucky.
Plus: how the FDA is handling cannabidiol products, highlights from Harris and Amash town halls, and more...
SCOTUS is likely to restrict abortion access, but in a more gradual way.
Plus: Twitter team pushes back against Devin Nunes lawsuit, candidates stumble on Medicare for All, and more...
A conversation between Reason editors about Georgia's "heartbeat law," the future of Roe v. Wade, and how to be less shouty even when you disagree.
No more baseball fight-style standoffs in the abortion wars. Plus: so-called constitutional crises, Bernie's credit paternalism, and GoT redux on the Reason Podcast.
I agree with this classic pro-choice slogan. But those who promote it would do well to recognize it has implications that go far beyond abortion. More people should embrace more of them.
"First trimester abortions, which typically require only medication, do not require the onsite presence of a licensed physician."
Plus: "we need a president who recognizes sex work as work," says Mike Gravel; how kid-friendly pot paraphernalia killed decriminalization; more...
PBS documentary illustrates two sides pushing even further apart.
The online fashion magazine warns readers that Strange Planet's Nathan Pyle is maybe pro-life and "we should be more careful with what we're sharing."
A Southern officeholder gains little from pushing for a right to post-delivery abortion.
Plus: Parsing competing paid-leave proposals, wisdom from Justin Amash, and Pete Buttigieg on Chick-fil-A.
Even for conservatives who believe in individualism, group identity trumps all.
In a 5-4 decision, the Court issued a temporary stay of a Louisiana law that could put abortion doctors out of business.
State and local Democrats call for his resignation after bizarre non-apology apology.
"If Kavanaugh was going to deal a major blow to health care rights during his first session on the court, this would have been the case to do it."
Plus: New details on federal bullying of banks, a new fight over nutrition advice, and new migrant mania from President Trump
His true impact may be less about transforming the Court's ideology, and more about altering its status in political life.
