Abortion
At the First Post-Roe March for Life, Pro-Lifers Try To Figure Out What Comes Next
The Supreme Court's Dobbs decision gives states the ability to prohibit abortion. For a lot of pro-lifers, this highlights how much persuading they still have to do.
Review: Post-Roe America Is Unlikely To Resemble the One Seen in The Janes
An underground network in Chicago helped women terminate thousands of pregnancies amid abortion prohibition.
Women Who Take Abortion Pills Could Face Criminal Charges, Alabama Attorney General Says
Plus: Lawsuit challenges ban on scraping court records, state marijuana convictions lead to longer federal sentences, and more...
South Carolina's Supreme Court Says the State Constitution Protects a Right to Abortion
The court ruled that the state's six-week abortion ban violates the right to privacy.
FDA OKs Abortion Pills at Retail Pharmacies
Plus: House speaker still uncertain, teacher's MAGA hat protected by the First Amendment, and more...
Our Biggest Stories of 2022 (and What We Predict for 2023)
Plus: The editors look back on what pieces of cultural media impacted them the most this year.
Republicans Will Have To Rely on New Deal–Era Court Precedents If They Want a Federal Abortion Ban
The Supreme Court said in 1942 that local activity, not just interstate activity, was subject to congressional regulation.
Court Holds That Indiana RFRA Provides Religious Exemptions from Abortion Ban
Note that the decision is not inconsistent with the Supreme Court's holding in Dobbs, though it may of course still be overturned on appeal on other grounds.
Kansas Judge Blocks Law Banning Telemedicine Prescriptions for Medication Abortions
Last week, a Kansas judge halted the enforcement of a law requiring a doctor to be in the same room as a patient taking abortion pills—a move hailed by abortion advocates as an important step to increase medication abortion access in the state.
Abortion Rights Advocates Ask DOJ To Defend Section 230
While "the 26 words that created the internet" have been under fire from both sides, two groups argue that the 1996 law is essential to the future of abortion rights.
Resistant Jurors Can Help Protect Abortion Rights (No Matter What the Law Says)
In the event of prosecution, jury nullification allows regular people to exercise a veto over the power of the state.
Texas AG Needn't Testify in Case Alleging Texas Intends to Punish Participation in Out-of-State Abortions
The panel relies on, among other things, "the Apex doctrine."
It's All About the Jimmy Hats
Rethinking the constitutional defense of reproductive rights after Dobbs via the Ninth Amendment
The Election Betting Markets Fell Short. They're Still the Most Flexible Predictor.
People with money on the line try harder than pundits to be right, and they adjust quickly when they've made a mistake.
Midterm Voters Choose To Protect Reproductive Freedom
Voters in California, Michigan, and Vermont embraced constitutional amendments to protect abortion rights, while Kentuckians rejected an anti-abortion amendment.
Abortion, Pot, Slavery, and More: 34 Ballot Initiatives We're Watching Today
Plus: California's latest faux-trafficking sting, judge suspends New York gun restrictions, and more...
In Kentucky, Legal Abortion Is on the Ballot
Voters will soon cast ballots on a constitutional amendment that seeks to explicitly remove any protections for abortion in the state's constitution.
New Research Highlights the Limits of Abortion Bans
Out-of-state and self-managed abortions pose daunting challenges for pro-life legislators.
Estimated Drop in Clinic Abortions Does Not Take Into Account Seasonal Variation or Self-Managed Abortions
The report highlights the power and limits of state bans as well as the difficulty of measuring their impact.
Nearly Half of Voters Prefer Pro-Choice Candidates; 18 Percent Don't Care
Plus: Brazil's Bolsonaro loses, fact-checking Biden on the Inflation Reduction Act, and more...
New Poll Shows Cratering Support for Total Abortion Bans Among Republicans
New data from the Public Religion Research Institute show a dramatic decline in Republican support for making abortion illegal in all cases. How this will effect voter behavior remains to be seen.
A Texas Woman Claims That She Nearly Died of Sepsis After Being Denied an Abortion
"It was a waiting game, the most horrific version of a staring contest: Whose life would end first? Mine, or my daughter's?"
No, State Legislators Can't Ban Interstate Abortion Travel
The Constitution's commerce clause guarantees a domestic free trade zone. A state law that bars a resident from traveling to take advantage of another state’s economic activity would be unconstitutional.
A Campus Pro-Life Group Faced Criticism. Now, It Demands That Its Detractors Be 'Reprimanded.'
Students for Life at George Mason University claims that another student organization defamed the group by criticizing its event that compared abortion to slavery and segregation.
Herschel Walker's Campaign Shows Why Third-Party Candidates Are Important
Republicans turned off by Walker at least have a third option, but for House races in Georgia, state law makes it extremely difficult for third-party candidates to get on the ballot.
The University of Idaho Tries To Force Faculty To Remain 'Neutral' on Abortion
The policy, released this week, places unconstitutional prohibitions on faculty speech.
The University of Idaho General Counsel's Letter on Abortion
Justice Scalia, to the rescue.
Woman Seriously Injured After Colorado Cops Leave Her Handcuffed in Car Parked on Train Tracks
Plus: The ridiculous panic over "rainbow fentanyl" continues, Arizona can enforce near-total abortion ban, and more...
Lindsey Graham's Proposed Federal Abortion Ban is an Unconstitutional Assault on Federalism—But it Might Fly Under Current Supreme Court Precedent
The problem is the Court's ultra-broad interpretation of Congress' power to regulate interstate commerce. But the justices might cut that back.
Marco Rubio, Who Last Month Said Abortion Regulation Should Be Left to the States, Endorses a Federal Ban
The senator's avowed devotion to federalism is no match for his political ambitions.
National Abortion Ban Proposal Divides Republicans, Excites Democrats
Plus: Court-ordered "care," railroad strike averted (for now), and more...
Lindsey Graham's Abortion Ban, Which Would Override State Laws, Shows Contempt for Federalism
The Republican senator improbably claims his bill is authorized by the 14th Amendment and the Commerce Clause.
Republicans Set To Introduce National Late-Term Abortion Ban
Plus: Backdoor censorship on social media, how the airline bailouts failed, and more...
Do the Supreme Court's Low Approval Ratings Show it is Undergoing a "Legitimacy Crisis"?
The Court's popularity has indeed fallen. But its relatively low approval ratings are neither unprecedented, nor worse than those of the other branches of government.
Revenge of the Abortion Voters?
Republicans are losing ground in the wake of the Supreme Court overturning Roe v. Wade.
The New Abortion Prohibition Era
We already know what happens when governments try to impose prohibitions: messy, deadly black markets.
Republicans Supported Abortion Bans for Decades. Now They've Gone Silent.
Some candidates, like Arizona's Blake Masters, have quietly removed abortion restriction initiatives from their campaign websites.
Student Debt Forgiveness Folly
Plus: The editors field a listener question on abortion.
Courts Split on Whether the Feds Can Overturn These State Abortion Bans
Plus: "Reparations" for the news industry, the disappearance of starter homes, and more...
For Many Americans, Cancel Culture Is Self-Inflicted
People not only conceal their true beliefs, but often mouth opinions they don’t hold.