Kavanaugh Indicates States Can't Bar Residents From Getting Abortions in Other States
This makes it likely, though not certain, that the Supreme Court will strike down such laws if states enact them.
This makes it likely, though not certain, that the Supreme Court will strike down such laws if states enact them.
The complaining student alleged the students' remarks were "harassing and threatening" him because of his conservative "political affiliation" and his "religious beliefs."
He also nixes the idea that states could "retroactively impose liability or punishment for an abortion that occurred before today's decision takes effect."
The Constitution protects many more rights than it mentions, as James Madison explained.
Most states are unlikely to enact bans, but 22 either have them already or probably will soon.
Looking back at how abortion advertising bans played out last century may give us some idea what the future holds for speech about abortion.
The Supreme Court justice is wrong when he says abortion rights aren't deeply rooted in American history.
Plus: Americans' changing opinions of January 6 riots, Texas craft brewer can "party on," and more...
Plus: The editors unveil their wish list for a hypothetical Libertarian president.
Plus: Uvalde cops didn't check classroom door, Texas GOP slides further to the right, telemedicine deregulation in peril, and more...
The Court doesn't decide whether that means they are subject to an "undue burden" test (as under Planned Parenthood v. Casey) or whether there is no right to abortion under the state constitution.
Some fans are now souring on her legacy.
Big rulings are coming soon on school choice, guns, and abortion.
The Biden Administration is apparently considering a range of responses should te Supreme Court overturn Roe v. Wade.
Tensions won’t simmer down until Americans stop fearing power in the hands of enemies.
Plus: Michigan prisons ban Spanish and Swahili dictionaries, a win against New York's ban on "unauthorized" legal advice, and more...
Questions about the scope of federal power will remain.
An assessment of claims that Justice Alito's draft opinion rests on historical error, provides no meaningful basis for distinguishing abortion from other unenumerated rights, and forecloses constitutional protection of the mother's life.
This has nothing to do with the separation of church and state.
The former Associate Justice joins those condemning the leak of a draft opinion.
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.
The last 50 years have been marked by a remarkably stable social consensus balancing the rights of women and fetuses. Let's not throw that away.
Plus: Texas' social media law goes back into effect, inflation worries voters, and more...
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.
Plus: ruminations on public health, misinformation, and media literacy
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
Plus: Elon Musk's plans for Twitter, officials want to tax NFTs, and more...
Understanding state regulatory powers at the time of the founding.
Stop government interference in reproduction, medical decisions, gun ownership, drug use, and more.
There is much, much less in the leaked draft than meets the eye
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
Plus: Lawsuit against Twitter can move forward, antitrust bills targeting Big Tech falter, and more...
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.
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.
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?