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.
Abortion
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.
Number of American Mass Murders Relatively Steady Since 2006
Plus: A surge in female voter registrations, eminent domain in North Carolina, and more...
South Carolina Targets Free Speech in Its Attempt To Limit Abortion Access
Billboards remind state residents that controversial speech enjoys First Amendment protection.
A Florida Appeals Court Denied a Parentless Minor a Waiver of Parental Consent for an Abortion
The case shows the power given to judges when parental consent or notification is required for a minor's abortion.
Will Anti-Abortion States Suffer a Brain Drain?
We won't know the answer for some time. I suspect the drain will be relatively small, if we focus on abortion bans, as such. But it may get larger if anti-abortion laws end up having substantial negative side-effects on other activities.
Democrats Rediscover the Rhetoric of 'Freedom.' How About Rediscovering the Policies?
We should be skeptical of some Democrats' newfound embrace of "freedom" until they abandon freedom-restricting policies.
Walgreens 'Helped Fuel' Opioid Crisis in San Francisco, Says Judge
Plus: Americans want to vote on abortion, why the housing crisis has gone national, and more...
Concerned About Abortion Surveillance and Law Enforcement? Time To Treat Encryption Seriously
A mother-daughter arrest in Nebraska was fueled in part by unencrypted Facebook messages police accessed through a warrant.
The DOJ Files a Lawsuit Challenging Idaho's Strict Abortion Ban
The department claims that the ban, which provides no exceptions for medical emergencies, violates existing federal law.
Abortion Weighs Heavily On the Race for Wisconsin Attorney General
An 1849 state law bans abortion in nearly all cases. The candidates disagree over whether it should be enforced.
Ron DeSantis Oversteps His Authority by Suspending Tampa's Elected Prosecutor
Tampa top prosecutor Andrew Warren pledged to not prosecute women seeking abortions and those pursuing gender-affirming health care.
The Defeat of a Kansas Ballot Initiative Shows That Red-State Voters Don't Necessarily Favor Abortion Bans
The amendment lost by a surprisingly wide margin in a state where Republicans far outnumber Democrats.
Kansans Reject Anti-Abortion Ballot Measure—and It's Not Even Close
Plus: Why GOP emails are triggering spam filters, new minimum wage research, and more...
